Agenda packet — Coachella City Council, October 12, 2022 (part 1 of 3)

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(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 October 12, 2022
6:00 PM Regular Meeting
Pursuant to Assembly Bill 361,
along with the Governor’s State of Emergency Declaration issued on March 4, 2020, this meeting may be conducted via teleconference.

This meeting’s options will be either in-person or via Zoom:

In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
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 in person, 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.

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Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA October 12, 2022

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 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.

CALL TO ORDER:

ROLL CALL:

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2022-88 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:

PROCLAMATIONS/PRESENTATIONS:

2. Recognizing Santa Fe Restaurant as the 2022 Small Business of the Year Award Recipient

3. Presentation on the Coachella IFRP – Immigrant Families Recovery Program

4. Presentation from Consejo de Federaciones Mexicanas (COFEM) on the Proposed Chuckwalla National Monument

5. 2022 Holiday Parade Update

6. SB 1383 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. Regular Meeting Minutes of September 14, 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.

8. Voucher Listing — EFT's/Utility Billing Refunds/FY 2021-22 and 2022-23 Expenditures as of October 12, 2022, $3,765,295.53.

9. Resolution No. 2022-83 Creating and or Updating Job Descriptions in the Customer Service and Management Analyst Job Position Series.

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Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA October 12, 2022

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10. Resolution 2022-90, a Resolution Authorizing the City Manager to Execute Agreements on Behalf of the City Associated with Local Road Safety Plan – Federal Aid # LRSPL-5294(019)

11. Award Maintenance Agreement to BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122.

12. Award Maintenance Agreement to BRC Construction for As Needed Block Wall and Wrought Iron Fence Repairs for the Landscape and Lighting Maintenance Districts Project No. 081122B.

13. Award Maintenance Agreements to both Rudy G Reyes (dba Rudy’s Electric) and Bear Electrical Solutions for the As Needed Electrical Repairs Project No. 081622.

14. Approval for operation of a Beer Garden by Culturas Music & Arts on November 12, 2022, at Dateland Park from 11:00 a.m. to 8:00 p.m.

15. Award professional services agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 082522H.

16. Amendment No. 2 to the Professional Services Agreement with KOA Corporation, Inc. for an amount of $16,344.00 to provide PS&E and Right of Way Services for the improvements of Avenue 50 from Calhoun Street to Cesar Chavez Street – City Project ST-93.

17. Authorize the City of Coachella’s Tacos, Tequila and Chavelas Festival Beer Garden operation on October 22, 2022, at Veterans' Memorial Park from 4:00 p.m. to 8:00 p.m.

18. Approve a Community Based Grant to the Bianca Rae Foundation in the Amount of $1,000

19. Approve a Community Based Grant to the Assistance League Coachella Valley in the Amount of $1,000

20. Approve a Community Based Grant to Angel View in the Amount of $1,000.00 to Support its Outreach Program for Children

21. Approve a Community Based Grant to the Coachella Youth Sports Association Soccer League in the Amount of $1,000

22. Authorize a Community Based Grant to Culturas Music and Arts in the Amount of $1,000 to Support its Art Center

23. Award Construction Agreement to WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122.

24. Sponsorship of Raices Cultura for 2022 Dia de los Muertos Celebration in the Amount of $15,000 NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

25. Resolution No. 2022-91 in Support of Rebuilding, Renovations, and Upgrades to Coachella Valley High School

26. Resolution No. 2022-92 in Support of Action by the Desert Community College District to Establish a Branch in the Eastern Coachella Valley

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Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA October 12, 2022

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27. Provide staff direction for 2022 Hometown Heroes Honorees.

28. Castro Mobile Home Park Water Consolidation Project, City Project No. W-37:
a) Award Construction Contract with Jacobsson Engineering Construction, Inc. in the amount of $762,774.00 plus 15% contingency; and
b) Authorize the City Manager to execute contract with Atlas Technical Consultants LLC for reoccurring, as needed, construction materials and quality assurance testing for the Castro Mobile Home Park Water Consolidation Project, City Project No. W-37.

29. 2022 Pedestrian and Road Safety Improvements, City Project No. ST-134:
a) Award Construction Contract with Jacobsson Engineering Construction, Inc. in the amount of $1,498,267.98 plus 20% contingency, and
b) Approve Amendment #1 to the professional engineering services contract with KOA in an amount not to exceed $75,000, and
c) Award a professional service contract for materials testing to Atlas Technical Consultants in an amount not to exceed $25,000, for the 2022 Pedestrian and Road Safety Improvements, City Project No. ST134.

30. Approve an Art in Public Places Proposal for a City of Coachella Art Mural at Acrisure Arena in the Amount of $10,000

31. Approve an Art in Public Places Proposal for a City of Coachella 75th Anniversary Mural by Michelle Guerrero in the Amount of $16,000

32. Approve an Art in Public Places Proposal for a City of Coachella 75th Anniversary Mural on the U.S. Postal Service Building by Michelle Guerrero in the Amount of $15,000

33. Approve an Art in Public Places Program Proposal to Restore the Shady Lane Murals by Culturas Music and Arts in the Amount of $13,000

34. Memorandum of Understanding (MOU) with Twenty-Nine Palms Band of Mission Indians in Regards to the Dillon Road Corridor Improvement Project
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.

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Agenda CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA October 12, 2022

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City Manager’s Comments.

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

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STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
Best Best & Krieger, LLP, City Attorney
SUBJECT: Resolution No. 2022-88 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361)
STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2022-88 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

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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

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Item 1.
and potentially renew the Resolution.

FISCAL IMPACT:

None.

ATTACHMENT:

Resolution No. 2022-88

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Item 1.
81211.00100\34422055.2
RESOLUTION NO. 2022-88

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

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Item 1.
81211.00100\34922055.2
Resolution No. 2022-88

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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 12
th day of October 2022.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 1.
81211.00100\34922055.2
Resolution No. 2022-88

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-88 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12 th day of
October 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

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Item 1.

WHEREAS, Santa Fe Restaurant and owner Pedro Padilla’s success story embodies the American dream; and
WHEREAS, born in San Juan De Los Lagos, Jalisco, Pedro Padilla immigrated to the United States at the age of 19 in search of employment opportunities. Through hard work and determination, Pedro gained culinary experience in various restaurants before saving enough to open his own business; and WHEREAS, in 2008, Pedro Padilla opened Santa Fe Restaurant in the City of Coachella, adding the Cathedral City location the following year; and
WHEREAS, Santa Fe Restaurant stepped up to support seniors, struggling families, and our essential farmworkers during the pandemic. The food assistance program they launched saved many residents, senior citizens and farmworkers from going hungry. They were one of the first restaurants in the state who mobilized to provide this type of food delivery service, and they did so without hesitation or expectations of repayment; and
WHEREAS, Pedro Padilla and his wife, Mireya, remain dedicated to various charitable causes in the Coachella Valley community and uplifting the dreams of other immigrants. Pedro’s generosity as a local philanthropist grew alongside his success as a business owner and helped students obtain computers to keep up with their virtual learning studies. His other charitable ventures include supporting higher education scholarships and citizenship assistance; and
WHEREAS, on Wednesday, August 17, 2022, restaurant owner Pedro Padilla traveled to Sacramento to receive the 2022 Small Business of the Year award from Assemblymember Eduardo Garcia at an event hosted by the California Small Business Association.

NOW THEREFORE, I, Steven A. Hernandez, Mayor of the City of Coachella, by the power vested in me, do hereby recognize
Santa Fe Restaurant
and urge all citizens of the City of Coachella to join me in honoring them for their dedication to this 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 12th day of October 2022.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

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Item 2.
2022
Coachella Holiday Parade
(Digimon)

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Item 5.

Holiday Parade
• Traditionally has over 100 total
entries.
– 60-70 are school entries
• City met with CVUSD ASES
advisors (24) to discuss
Holiday Parade theme and
address logistics.
• CVUSD ASES agreed to keep
entries in moving pace.
• CVUSD and City collaboration
to pre-upload all youth
performance music with sound
engineer in advance of parade
to reduce performance times.
• Add parade contractor to
address gaps along the route.
(funded by sponsor)

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Item 5.

Event Title Variations
• Anime Coachella Holiday Parade
• Coachella Anime-ated Holiday Parade
• Anime-ated Coachella Holiday Parade
• Grand Marshalls
– Artists of approved Coachella Murals during 2022

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Item 5.

Pokemon Yu-Gi-Oh!

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Item 5.

Full Metal Alchemist Naruto

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Item 5.

Sailor Moon Dragon Ball Z

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Item 5.

SB 1383 Update

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Item 6.

Residential Services - Organics

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Item 6.

Residential Services – What goes in the Bin?

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Item 6.

Commercial Recycling/Organics Program

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Item 6.
?Questions?

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Item 6.

City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502  www.coachella.org

MINUTES

CITY COUNCIL CLOSED SESSION AND

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 September 14, 2022
5:00 PM Closed Session
6:00 PM Regular Meeting
CALL TO ORDER: - 5:00 P.M.

The Regular Meeting of the City Council of the City of Coachella was called to order at 5:05 p.m. by Councilmember Beaman Jacinto.

ROLL CALL:

Present: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Gonzalez (arrived at 5:20 p.m.), and Mayor Hernandez (arrived at 5:30 p.m.).

City Treasurer Aviles, and City Clerk Zepeda

Absent: None.

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.

VIRTUAL PUBLIC MEETINGS:

1. Resolution No. 2022-77 a Resolution to Continue Fully or Partially Virtual Public Meetings (AB 361) Motion: To approve per staff recommendation
Made by: Councilmember Delgado
Seconded by: Councilmember Beaman Jacinto
Approved: 3-0, by the following roll call vote:

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Item 7.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA September 14, 2022

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AYES: Councilmember Beaman Jacinto, Councilmember Delgado, Councilmember Galarza.

NOES: None.

ABSTAIN: None.

ABSENT: Mayor Pro Tem Gonzalez, and Mayor Hernandez.

APPROVAL OF AGENDA:

Final vote on approval of the agenda took place after Council reconvened.

There were no modifications to the agenda.

Motion: To approve the agenda as presented
Made by: Mayor Pro Tem Gonzalez
Seconded by: Councilmember Galarza
Approved: 5-0, by a unanimous roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

PUBLIC COMMENTS (CLOSED SESSION ITEMS):

None.

ADJOURN TO CLOSED SESSION:

Council adjourned into Closed Session at 5:07 p.m. to discuss the following item:

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 763-412-040
City Negotiator: City Manager and City Attorney
Under Negotiation: Price and Terms
(Mayor Pro Tem Gonzalez arrived at 5:20 p.m. and Mayor Hernandez arrived at 5:30 p.m.) RECONVENE REGULAR MEETING: - 6:00 P.M.

The City Council reconvened into open session at 6:00 p.m.

PLEDGE OF ALLEGIANCE:

City Manager Martin led the Pledge of Allegiance.

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Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA September 14, 2022

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CLOSED SESSION ANNOUNCEMENTS:

City Attorney Campos stated that Council met in Closed Session, and direction was given, but no reportable action was taken.

PROCLAMATIONS/PRESENTATIONS:

3. Overview of AB617 Air Quality Improvement Program for Eastern Coachella Valley (ECV)

4. Fiscal Year 2023/24 CDBG Program Overview
WRITTEN COMMUNICATIONS:

CONSENT CALENDAR:

5. Regular Meeting Minutes of July 27, 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.

6. Voucher Listing — EFT's/Utility Billing Refunds/FY 2021-22 and FY 2022-23 Expenditures as of September 14, 2022, $8,843,549.95.

7. Ordinance No. 1197 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 34, Villa Verde Apartments, Annexed to Said District (Second Reading)

8. Ordinance No. 1198 (Change of Zone No. 22-02) to change the zoning designation of the 7.8-acre vacant site (APN 763-400-016 and 763-400-017) from “Heavy Industrial” to “Urban Employment Center” located near the southwest corner of Avenue 52 and Industrial Way. City-Initiated. (Second Reading)

9. Resolution No. 2022-35, Development Impact Fee Deferral Agreement for Coachella Lakes RV Resort

10. Approve Resolution No. 2022-82 setting a Penalty and Penalty Interest Rate for Delinquent or Deficient Transactions that do not currently have a specified Penalty and/or Penalty Interest Rate

11. Resolution No. 2022-84 entering into a Professional Service Agreement for a Utility Manpower Study with Raftelis.

12. Investment Report – July 2022

13. Investment Report – June 2022

14. Contract Amendment No. 1 with Atlas Technical Consultants LLC for reoccurring, as needed, construction materials and quality assurance testing for the Pueblo Viejo Sustainable Transportation Project, City Project ST-130

15. Authorization to file a Notice of Completion for City Project ST-123, Grapefruit Boulevard Urban Greening and Connectivity Project.

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Item 7.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA September 14, 2022

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16. Authorization to file a Notice of Completion for Street Pavement Rehabilitation Phase 17, City Project ST105 (Las Plumas & Valencia Neighborhood Slurry and Striping Improvements)

17. Sponsorship of Run With Los Muertos Event:

1. Sponsorship request from Eventscape International, Inc. for $35,000.00 for the 2022 Run With Los Muertos Event; and

2. Approval for operation of a Beer Garden by Palm Springs Wine Fest on November 5, 2022 in Downton Sixth Street from 3:00 p.m. to Midnight.

18. Award Maintenance Services Agreement to US National Corp for Painting Maintenance Services for City Facilities Project No. 052522.

19. Standard Irrigation Installation Agreement for DR Horton Tract 32074 for Irrigation Lateral Relocation.

20. Authorize the Executive Director (City Manager) to sign the First Supplement to the Memorandum of Understanding regarding collaboration on the Coachella Valley Salt Nutrient Management Plan with a cost share amount of $199,062.79
Motion: To approve per staff recommendation, Consent Calendar Items 5 through 20.

Made by: Councilmember Beaman Jacinto
Seconded by: Mayor Pro Tem Gonzalez
Approved: 5-0, by the following roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

21. Resolution No. 2022-85 A Resolution of the City Council of the City of Coachella, California, declaring the second Monday in October as Indigenous Peoples’ Day Holiday; encouraging other institutions to recognize the day; and reaffirming the City Council’s commitment to promote the well-being and growth of The Coachella Valley’s Indigenous Community.

Staff recommends adding the following section in the resolution:

WHEREAS, the City of Coachella lies within and in proximity to the sovereign Indigenous territories of the Augustine Band of Mission Indians, Cabazon Band of Mission Indians, Auga Caliente band of Cahuilla Indians, Torres-Martinez Band of Cahuilla Indians, Twenty-Nine Palms Band of Mission Indians and honors their Indigenous heritage, presence and future destiny within the Coachella Valley.

Written Communication: Amanda Vance – August Band of Cahuilla Indians, 9-13-2022 at 10:54 a.m.

Carlos Gonzales – Teamsters Local 1932, 9-14-2022, at 11:25 a.m. (Continued)

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Item 7.

Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA September 14, 2022

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(Item 21, Resolution No. 2022-85, continued from previous page.) Motion: To approve per staff recommendation
Made by: Councilmember Delgado
Seconded by: Mayor Pro Tem Gonzalez
Approved: 5-0, by the following roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

22. Resolution No. 2022-86 Authorizing the Purchase and Implementation of a new Enterprise Resource Planning System.

Motion: To approve per staff recommendation
Made by: Councilmember Beaman Jacinto
Seconded by: Councilmember Delgado
Approved: 5-0, by the following roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

23. Resolution No. 2022-87, to transfer Fire Engine 279 to Riverside County under the current Fire Engine Use Agreement.

Motion: To approve per staff recommendation
Made by: Mayor Hernandez
Seconded by: Councilmember Delgado
Approved: 5-0, by the following roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

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Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA September 14, 2022

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24. Resolution No. WA-2022-05, a Resolution of the Board of Directors of the Coachella Water Authority, adopting Level 2 Demand Reduction Actions as outlined in the Authority’s Water Shortage Contingency Plan, and as Required by the State Water Resources Control Board’s Drought Emergency Rulemaking Motion: To approve per staff recommendation
Made by: Board Member Galarza
Seconded by: President Hernandez
Approved: 5-0, by the following roll call vote:

AYES: Board Member Beaman Jacinto, Board Member Delgado, Board Member Galarza, Vice President Gonzalez, and President Hernandez.

NOES: None.

ABSTAIN: None.

ABSENT: None.

25. Construction Contract with Petrochem Materials Innovation, LLC (PMI) in the amount of $376,269.28 plus 20% contingency for the Street Pavement Rehabilitation Phase 17 Vista Escondida Neighborhood Slurry Seal and Striping Improvements, City Project ST-105.

Motion: To approve per staff recommendation
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Gonzalez
Approved: 5-0, by the following roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

26. Construction Contract with Three Peaks Corp in the amount of $624,310.21 and an amount of $62,431 for contingency for the construction of the Bagdouma Court Improvements– City Project P-21, CDBG Project No. 4.CO.24-20.

Motion: To approve per staff recommendation
Made by: Councilmember Beaman Jacinto
Seconded by: Councilmember Delgado
Approved: 5-0, by the following roll call vote:

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

NOES: None.

ABSTAIN: None.

ABSENT: None.

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Minutes CC/CSD/CFPD/CFA/CEGACCC/CWA/SA-RDA September 14, 2022

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PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

None.

PUBLIC COMMENTS (NON-AGENDA ITEMS):

None.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 8:39 p.m.

Respectfully submitted,
___________________________
Angela M. Zepeda
City Clerk

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STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Nathan Statham, Finance Director
SUBJECT: Resolution No. 2022-83 creating and or updating job descriptions in the customer service and management analyst job position series.

STAFF RECOMMENDATION:

Approve Resolution No. 2022-83 creating and or updating job descriptions in the customer service and management analyst job position series.

BACKGROUND:

Customer Service Representative Series
The City currently has utility billing clerks and department assistants performing customer service activities at the Corporate Yard and Civic Center. There are currently four City staff performing these customer service roles. The customer service activities include taking payments of all types, answering phones, utility customer account administration (opening, closing, establishing and adjusting customer accounts), utility billing and street sweeping citation processing among other duties. These positions act as the primary point of contact between the City and residents conducting business with the City. After reviewing the tasks performed by these positions, it was determined that the Department Assistant I/II and Utility Clerk job descriptions did not separately reflect the actual duties being performed by these positions.

City Council approved the Customer Service Supervisor Position in May of 2022 when the previously vacated technician position for utility billing was vacated. City staff evaluated the job classification series as well. To properly transition from the entry level position (CSR I) to the highest level in the customer service series (Customer Service Supervisor) an intermediary or training position was needed. Without the transitional position, a CSR II would not be able to develop the required supervision experience to move up to the Customer Service Supervisor position. The Customer Service Technician positions is not filled or funded, the recommendation is to create the position to complete the series. Any actual filling or funding of the position would need separate Council approval.

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Management Analyst Series
Analyst positions across the government sector are designed to fill needs in various departments and divisions where a highly trained individual is needed to fill a role that does not have a traditional expertise set. For example, in the Engineering Department, engineers have a clearly defined education and licensure path that provides the requisite expertise to fill different levels of engineering positions e.g. Associate Engineer, Engineer, Senior Engineer. At the same time, the Engineering Department undertakes project and grant administration activities that require a high level of technical skill, but do not require engineering degrees or licenses. These activities would require a higher level of education and experience than would be required by general administrative positions. The Management Analyst position is designed to fill this need across the organization.

The City has needs for Management Analysts across multiple departments and currently has an approve Senior Management Analyst position that was recently vacated due to retirement.

DISCUSSION/ANALYSIS:

Customer Service Representative Series (Miscellaneous and Sanitary Bargaining Unit) Proposed job descriptions:

Customer Service Representative I - Grade 2, $48,158.14 to $58,491.58 Customer Service Representative II - Grade 3, $50,526.22 to $61,397.86 Customer Service Technician - Grade 17, $63,356.90 to $77,005.66 To properly align duties with job descriptions, a new job description of Customer Service Representative I/II (CSR) is being proposed. Salaries are equivalent between the proposed CSR I/II, Department Assistant I/II and Utility Clerk positions. The proposed action would reclassify the Utility Clerk and Department Assistant I/II staff currently working in customer service as Customer Service Representatives in their current I/II classifications. The Utility Clerk I/II position is no longer needed for City operations and would be retired as a job description. The Department Assistant I/II classification is used across the City in other departments and would remain as an approved job description, but there would be no Department Assistant’s in the Finance Department.

Staff is additionally recommending that a job description of Customer Service Technician be created to allow a CSR II to gain supervisory experience that would allow them to transition to a Customer Service Supervisor. Without the transitional position, City staff would never be able to gain the experience required under the already approved Customer Service Supervisor position and the City would always be hiring from outside for the Supervisor role.

Management Analyst Series (Confidential Mid-Management) Proposed job descriptions:

Management Analyst - Grade TBD, - $82,189.22 to $101,117.02 Senior Management Analyst - Grade 24 - $101,117.02 to $122,903.35

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In the 2022-23 budget, Council approved new positions for two Senior Management Analysts.

However, as discussed with City staff during the budget process, these positions did not need to be filled by a (Senior) Management Analyst which was the only approved job description in the management analyst series. This action would add the more appropriate Management Analyst job description and clarify duties for the Senior Management Analyst position to make it consistent with the proposed Management Analyst position. The Management Analyst position would be more limited in supervision and expected responsibility than the Senior Management Analyst positon and would act as a transitional position to gain experience consistent with the Senior Management Analyst position.

FISCAL IMPACT:

There is no fiscal impact from this action since funding for positions in these series was approved in the 2022-23 annual budget. This action does not add any additional staff or increase any compensation, it only approves job descriptions. Any change in related funding or staffing approval would be part of a separate Council action.

ALTERNATIVES:

1. Approve staff’s recommendation to approve Resolution No. 2022-83 creating and updating job positions in the customer service and management analyst job position series.

2. Give staff direction on modifications to the proposed new positions and updates.

ATTACHMENTS
Resolution 2022-83
Exhibit 1:

Management Analyst Job Description
Senior Management Analyst Job Description
Customer Service Representative I/II Job Description
Customer Service Technician Job Description

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Item 9.

RESOLUTION NO. 2022-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, APPROVING THE CREATION AND OR

MODIFICATION OF POSITIONS IN THE CUSTOMER SERVICE AND

MANAGEMENT ANALYST JOB SERIES
WHEREAS, the City has customer service and management analyst job descriptions created but does not have a comprehensive progressive sequence of job descriptions creating a series for either area.

WHEREAS, customer service positions are currently classified as department assistants and utility clerks. The current customer service functions and assigned duties are not consistent with either current job description. It would be more appropriate to classify customer service positions under a customer service classification series. City Council has already approved and funded a Customer Service Supervisor job description to oversee customer service activities.

WHEREAS, City Council has approved and funded a senior management analyst position.

The current senior management analyst job description is overly specific and the City does not have an approved management analyst position. The City has a need to fill positions consistent with a management analyst position that do not require the compensation level of a senior management analyst.

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

Section 1. 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. The City approves the creation of a full-time customer service representative I, customer service representative II, customer service technician, and management analyst while modifying the senior management analyst positions based on the job descriptions attached hereto as Exhibit 1.

Section 3. Currently approved job descriptions of utility clerk 1 and utility clerk II are retired and the four currently approved customer service positions classified as department assistants and utility clerks are reclassified to customer service representatives in the same respective levels.

PASSED, APPROVED and ADOPTED this 12th day of October 2022. ___________________________________
Steven A. Hernandez
Mayor

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Item 9.

Resolution No. 2022-83

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ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 9.

Resolution No. 2022-83

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-83 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12 th day of
October 2022, by the following vote of Council:

AYES:

NOES:

ABSENT:

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

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Item 9.
[Type here]
Civic Center
53-990 Enterprise Way
Coachella, CA 92236
Telephone: (760) 398-3502
October 2022 FLSA: EXEMPT

MANAGEMENT ANALYST

DEFINITION
Under direction of the respective department head, performs a full range of analytical work to research, evaluate, develop, implement and administer assigned programs, projects and functions; plans and implements analytical strategies to resolve problems; gather and analyzes information from various sources to prepare comprehensive analytical reports and recommendations; administers complex research and assignments as it pertains to the respective department. Performs a full range of responsible and varied professional, analytical, financial, systems, statistical programmatic, management and other administrative analyses duties in providing responsible staff support to a City department, division, function, or program area; performs a variety of assigned projects, prepares various reports to improve the efficiency and effectiveness of departmental or division operations; and coordinates assigned activities with other departments, divisions, outside agencies, and the general public. This is a broad classification with individual positions assigned to specific functional areas; duties and assignments may overlap depending on department staffing and operational needs. This position is intended to fit individual department/division needs. All duties outlined are general with the understanding that they pertain to the respective hiring department.

SUPERVISION RECEIVED AND EXERCISED
Receives direct and general direction from the respective department head or designee. May exercise technical and functional supervision over technical and office support staff if assigned.

CLASS CHARACTERISTICS
This is the full journey-level class in the Management Analyst Series. Incumbent is responsible for the management and administration of new and existing departmental projects. Incumbent works under general and direct supervision and exercises a moderate level of discretion and independent judgment in performing a full range of routine and complex functions and duties relating to the management of departmental projects and analytical research.

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resolves program/contract problems and disputes; compiles and drafts federal and state agency reports and documents.
 Reviews specification; develops, procures, implements and administers contracts and agreements. May prepare RFP's for contract services to establish new projects within the department.
 Responsible for the management, administration and oversight of programs.  Assists the department head in the development and administration of programs.  May assists other departments in various tasks or programs.  Performs duties of disaster worker in event of an emergency.  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles, practices, and methods of administrative, organizational, financial and procedural analysis.
 Principles and practices of public administration, including budgeting, contracting, purchasing and maintenance of public records.
 Federal state and local laws, regulations and court decisions applicable to assigned areas of responsibility, including the Public Contracts Code.
 State guidelines and rules.
 City department guidelines and specifications.
 Principles and practices of effective management and supervision.  Modern office practices, methods, and computer equipment and applications related to the work.
 English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the City in contacts with government agencies, community groups, and various business, professional, regulatory, and legislative organizations.

Ability to:
 Organize, set priorities and exercise sound independent judgment within areas of responsibility; coordinate effort with other City departments and regulatory agencies.  Analyze administrative, operational, procedural, organizational and/or financial problems, evaluate alternatives and reach sound, logical, fact-based conclusions and recommendations.  Communicate effectively, both orally and in writing; present conclusions and recommendations clearly and logically.
 Prepare clear, concise and comprehensive correspondence, reports and other written materials.
 Establish and administer contracts in accordance with contract requirements and all applicable legal and other requirements.

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 Analyze proposed state and local legislation to determine impacts on the City or respective City departments.
 Use and operate computers and standard business software; maintains files, records and documentation
 Establish and maintain effective working relationships with staff, contractors, developers, consultants and other encountered 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.

Graduation from an accredited four-year college or university with major coursework consistent with the standard needs of the hiring department or a closely related field and at least three (3) years of progressively responsible professional work experience performing duties consistent with the needs of the respective department.

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 a standard office setting and use standard office equipment, be able to operate a motor vehicle to visit various City and meeting sites, possess adequate vision to read printed materials and a computer screen and possess sufficient hearing and speech to communicate in person, before groups, and over the telephone. This position includes sedentary activities but standing in work areas and walking between work areas will be required. 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 in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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Item 9.
[Type here]
Civic Center
53-990 Enterprise Way
Coachella, CA 92236
Telephone: (760) 398-3502
October 2022 FLSA: EXEMPT

SENIOR MANAGEMENT ANALYST

DEFINITION
Under direction of the respective department head, performs a full range of analytical work to research, evaluate, develop, implement and administer assigned programs, projects and functions; plans and implement analytical strategies to resolve problems; gather and analyzes information from various sources to prepare comprehensive analytical reports and recommendations; administers complex research and assignments as it pertains to the respective department. Performs a full range of responsible and varied professional, analytical, financial, systems, statistical programmatic, management and other administrative analyses duties in providing responsible staff support to a City department, division, function, or program area; performs a variety of assigned projects, prepares various reports to improve the efficiency and effectiveness of departmental or division operations; and coordinates assigned activities with other departments, divisions, outside agencies, and the general public. The Senior Management analyst excises general discretion and oversight in the performance of work assignments and is responsible for managing assigned staff. This is a broad classification with individual positions assigned to specific functional areas; duties and assignments may overlap depending on department staffing and operational needs. This position is intended to fit individual department/division needs. All duties outlined are general with the understanding that they pertain to the respective hiring department.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the respective department head or designee. May exercise direct, technical and functional supervision over support staff if assigned.

CLASS CHARACTERISTICS
Incumbent is responsible for the management and administration of new and existing departmental projects.

Incumbent works under general direction and exercises a high level of discretion and independent judgment in performing a full range of routine and complex functions and duties relating to the management of departmental projects and analytical research.

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procedures to achieve City goals, objectives and performance measures consistent with the City's quality and service expectations.
 Performs difficult and responsible assignments in assigned areas of respective department.  Drafts proposed contracts, bid documents; agreements and a variety of other supporting documents; monitors program/ contract performance and expenditures; researches and resolves program/contract problems and disputes; compiles and drafts federal and state agency reports and documents.
 Reviews specification; develops, procures, implements and administers contracts and agreements. May prepare RFP's for contract services to establish new projects within the department.
 Responsible for the management administration and oversight of programs.  Provides day-to-day leadership and works with staff to ensure a high performance, customer service-oriented work environment, which supports achieving City and District objectives and service expectations; provides leadership and participates in programs and activities that promote a positive employee relations environment.
 Assist the department head in the development and administration of programs.  May assists other departments in various tasks or programs.  Performs duties of disaster worker in event of an emergency.  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles and practices of effective management and supervision.  Principles, practices, and methods of administrative, organizational, financial and procedural analysis.
 Principles and practices of public administration, including budgeting, contracting, purchasing and maintenance of public records.
 Federal state and local laws, regulations and court decisions applicable to assigned areas of responsibility, including the Public Contracts Code.
 State guidelines and rules.
 City department guidelines and specifications.
 Principles and practices of effective management and supervision.  Modern office practices, methods, and computer equipment and applications related to the work.
 English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the City in contacts with government agencies, community groups, and various business, professional, regulatory, and legislative organizations.

Ability to:

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 Organize, set priorities and exercise sound independent judgment within areas of responsibility; coordinate effort with other City departments and regulatory agencies.  Analyze administrative, operational, procedural, organizational and/or financial problems, evaluate alternatives and reach sound, logical, fact-based conclusions and recommendations.  Communicate effectively, both orally and in writing; present conclusions and recommendations clearly and logically.
 Prepare clear, concise and comprehensive correspondence, reports and other written materials.  Establish and administer contracts in accordance with contract requirements and all applicable legal and other requirements.
 Analyze proposed state and local legislation to determine impacts on the City or respective City departments.
 Use and operate computers and standard business software; maintains files, records and documentation
 Establish and maintain effective working relationships with staff, contractors, developers, consultants and other encountered 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.

Graduation from an accredited master degree program is preferred. At a minimum, the incumbent must have graduated from an accredited four-year college or university with major coursework consistent with the standard needs of the hiring department or a closely related field and have at least five (5) years of progressively responsible professional work experience performing duties consistent with the needs of the respective department.

Licenses and Certifications:

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

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Civic Center
53-990 Enterprise Way
Coachella, CA 92236
Telephone: (760) 398-3502
October 2022 FLSA: EXEMPT

CUSTOMER SERVICE REPRESENTATIVE

DEFINITION
Under direct supervision, provides customer service to City constituents, performs a variety of routine to complex technical and administrative support duties in the preparation, maintenance, and processing of accounting and customer account records for the City, in addition to balancing, reconciling and maintaining accounting and financial records; prepares correspondence using independent judgment in content and style; interacts frequently with the public and explains City policies and procedures and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Finance Director or designee. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
Customer Service Representative I - This is the entry-level class in the CSR series. Initially, under close supervision, incumbents with basic clerical experience learn to perform routine to moderately complex customer service and administrative support duties, including document preparation, records management, researching, compiling, and organizing information from various sources, screening phone calls, visitors, mail, directing questions to the appropriate staff, and customer account functions. As more experience is gained, assignments become more varied and are performed with greater independence. Positions at this level usually perform most of the duties required of the positions at the II class, but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods. Work is usually supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedures are explained in detail as they arise. Since this class is often used as a training class, employees may have only limited or no directly related work experience. Must have the ability to properly communicate with customers and provide exceptional customer service.

Customer Service Representative II - This is the full journey-level class in the CSR series. Incumbents are capable of performing the full range of complex customer service and administrative support duties, including document preparation, records management, researching, compiling, and organizing information from various sources, screening phone calls, visitors, mail, directing questions to the appropriate staff, and customer account functions. Positions at this level are distinguished from the I level by the performance of the full range of duties as assigned, working independently and exercising judgement and initiative.

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. They exercise a higher level of discretion and independent decision-making and provides technical and functional direction to class I CSR staff.

Resolution 2022-83 Exhibit 1

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Customer Service Representative

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EXAMPLES OF ESSENTIAL JOB 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.
 Receives payments and fees from the public and/or other departments and processes payments at customer service locations; makes change as necessary and maintains cash drawer as appropriate; processes automatic customer account debits through electronic bank transfers; balances payments and posts transactions in the accounting system daily.
 Post information to departmental, fiscal or other records; collects and submits data for reports pertaining to assigned functions.
 Sets up new accounts or closes out terminated accounts; enters meter readings for monthly billing; notifies customers of excessive usage and initiates work orders to investigate for high consumption, potential leaks, or broken utility meters; calculates and processes billing adjustments due to leaks, penalty adjustments, or overestimating; enters new meters into utility inventory system, and performs other various customer account activities.
 Sends out late and final notices, collection notices, and performs necessary collections and delinquency processing.
 Performs a variety of routine to complex administrative and technical account support duties related to utility billing, citations, revenue, collections and other customer related payments, including posting, balancing, reconciling, and maintaining account and financial records according to established policies and procedures.
 Verifies, posts, and records a variety of financial transactions; prepares and maintains database, records, and a variety of periodic and special financial, accounting and statistical reports.  Maintains a variety of ledgers, registers, and journals according to established account policies and procedures; reconciles transactions and data as directed; records changes and resolves differences; maintains the accuracy of accounting and financial records.  Generates and assists in the preparation of monthly, quarterly, and year-end financial, summary and technical reports.
 Researches records within areas of responsibility to prepare and provide follow-up information to customer and staff inquiries.
 Performs general office support duties such as opening and routing mail and deliveries; preparing correspondence; filing and record keeping; and duplicating and distributing various written materials.  Operates a variety of standard office equipment, including job-related computer hardware and software applications, copiers, postage meters, scanners, facsimile machines, and multi-line telephones; may operate other department-specific equipment.
 Assists customers, departments, and employees by providing answers and information regarding specific account information, discrepancies and/or general accounting procedures; researches issues regarding specific transactions; and updates related files and departments on action items.  May provide direction and training to lower-level or less experienced staff in area of assignment.  Performs duties of disaster worker in event of an emergency.  Performs other related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Terminology and practices of financial and account document processing and record keeping, related to utility billing.
 Business arithmetic and basic financial and statistical techniques.  Record-keeping principles and procedures.
 Standard office practices, methods, and computer equipment.

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Customer Service Representative

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 Computer applications related to work, including word processing spreadsheet, customer billing software and cash handling.
 English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and City staff.

Ability to:
 Provide exceptional customer service including greeting customers, communicating with customer and resolving issues with unsatisfied customers.
 Respond to and effectively prioritize multiple phone calls and other requests for service.  Interpret, apply, and explain policies and procedures.  Compose correspondence and reports independently or from brief instructions.  Make accurate arithmetic, financial, and statistical computations  Establish and maintain a variety of filing, record-keeping, and tracking systems.  Understand and follow oral and written instructions.
 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 and learn how to operate computer equipment and specialized software applications.  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.

Customer Service Representative I - Graduation from high school or possession of a high school equivalency and one (1) year of varied customer service and administrative support experience.

Customer Service Representative II - In addition to the above, specialized training in business or customer accounts and three (3) years of increasingly responsible administrative support experience, or two (2) years of experience equivalent to the Customer Service Representative I at the City of Coachella. An associates degree from an accredited college or university can be substituted for (1) year of experience and a bachelor degree for (2) years of experience.

Licenses and Certifications:

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

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Customer Service Representative

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file information. Employees must possess the ability to lift, carry, push and pull materials and objects weighing up to 25 pounds.

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Item 9.

Civic Center
53-990 Enterprise Way
Coachella, CA 92236
Telephone: (760) 398-3502
August 2022 FLSA: EXEMPT

CUSTOMER SERVICE TECHNICIAN

DEFINITION
Under direct and/or general supervision, provides a variety of technical customer service to City constituents, performs a variety of routine to complex technical and administrative support duties in the preparation, maintenance, and processing of accounting and customer account records for the City, in addition to balancing, reconciling and maintaining accounting and financial records; prepares correspondence using independent judgment in content and style; interacts frequently with the public and explains City policies and procedures and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direct or technical supervision from the Finance Director or designee. Exercises supervision over lower-level staff.

CLASS CHARACTERISTICS
Customer Service Technician: This is the full journey-level class in the customer service series.

Incumbents are capable of performing the full range of complex customer service and administrative support duties, including document preparation, records management, researching, compiling, and organizing information from various sources, screening phone calls, visitors, mail, directing questions to the appropriate staff, and customer account functions. The incumbent organizes and oversees assigned customer service functions and provides direct and technical supervision to assigned customer service representatives.

Resolution 2022-83 Exhibit 1

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Customer Service Technician

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 Sends out late and final notices, collection notices, and performs necessary collections and delinquency processing.
 Performs a variety of routine to complex administrative and technical account support duties related to utility billing, citations, revenue, collections and other customer related payments, including posting, balancing, reconciling, and maintaining account and financial records according to established policies and procedures.
 Verifies, posts, and records a variety of financial transactions; prepares and maintains database, records, and a variety of periodic and special financial, accounting and statistical reports.  Maintains a variety of ledgers, registers, and journals according to established account policies and procedures; reconciles transactions and data as directed; records changes and resolves differences; maintains the accuracy of accounting and financial records.  Generates and assists in the preparation of monthly, quarterly, and year-end financial, summary and technical reports.
 Researches records within areas of responsibility to prepare and provide follow-up information to customer and staff inquiries.
 Performs general office support duties such as opening and routing mail and deliveries; preparing correspondence; filing and record keeping; and duplicating and distributing various written materials.  Operates a variety of standard office equipment, including job-related computer hardware and software applications, copiers, postage meters, scanners, facsimile machines, and multi-line telephones; may operate other department-specific equipment.
 Assists customers, departments, and employees by providing answers and information regarding specific account information, discrepancies and/or general accounting procedures; researches issues regarding specific transactions; and updates related files and departments on action items.  May provide direction and training to lower-level or less experienced staff in area of assignment.  Performs duties of disaster worker in event of an emergency.  Performs other related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles of direct and technical supervision (may be learned on the job).  Terminology and practices of financial and account document processing and record keeping, related to utility billing.
 Business arithmetic and basic financial and statistical techniques.  Record-keeping principles and procedures.
 Standard office practices, methods, and computer equipment.  Computer applications related to work, including word processing spreadsheet, customer billing software and cash handling.
 English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and City staff.

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Item 9.

Customer Service Technician

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 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 and learn how to operate computer equipment and specialized software applications.  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.
 Oversee and review the work of assigned CSRs.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying.

Graduation from an accredited wo (2) year college with a degree in accounting, finance, business or related field and two (2) years of experience in a related field equivalent to the Customer Service Representative II.

Licenses and Certifications:

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

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Item 9.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Resolution 2022-90, A Resolution Authorizing the City Manager To Execute Agreements on Behalf of the City Associated with Local Road Safety Plan – Federal Aid # LRSPL-5294(019)
STAFF RECOMMENDATION:

Approve Resolution 2022-90, A Resolution Authorizing the City Manager To Execute Agreements on Behalf of the City Associated with Local Road Safety Plan – Federal Aid # LRSPL5294(019) DISCUSSION/ANALYSIS:

The City of Coachella has been awarded Federal funding to create a Local Road Safety Plan. The State is the administering agency for these funds and is requiring the execution of a Program Supplemental Agreement to the current State Master Agreement. The State is also requiring a certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreements.

The total funds are in the amount of $44,000. It is recommended that a blanket resolution authorizing the City Manager to have all project associated agreements executed on the City’s behalf at their discretion be adopted. This will greatly facilitate the processing of future certificates, agreements, reimbursements, or other related paperwork that will be required as the project progresses.

FISCAL IMPACT:

No fiscal impact to budget. The local match for this project is $16,000 and has been appropriated in the CIP FY 22/23 budget.

ATTACHMENTS:

1. Resolution 2022-90

2. Master Agreement – No. 08-5294S21

3. Program Supplement – No. 000000X76

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Item 10.

RESOLUTION NO. 2022-90

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS ON BEHALF OF THE CITY ASSOCIATED WITH
LOCAL ROAD SAFETY PLAN – FEDERAL AID # LRSPL-5294(019)
WHEREAS, the City intends to pursue state and federal funding for the completion of this project; and
WHEREAS, the State requires that certain agreements be executed between the State and the City; and
WHEREAS, the City wishes to streamline the process of executing agreements and facilitating completion of the project for the benefit of its citizens; and WHEREAS, the City Manager is entrusted with the trust and support of City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella do hereby resolve and authorize the City Manager to execute on behalf of the City any and all agreements associated with this project.

PASSED, APPROVED and ADOPTED this 12th day of October 2022. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 10.

Resolution No. 2022-90

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2022-90 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of October 2022 by the following vote of Council:

AYES:

NOES:

ABSENT:

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

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Item 10.

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
08 City of Coachella
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5294S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Coachella, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P),

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preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and

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usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

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Item 10.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

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Item 10.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.

All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

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Item 10.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the

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form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

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Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, 20from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

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Item 10.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and thirdPage 10 of 16

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party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

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ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this

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AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.

The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pending of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c)

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otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

STATE OF CALIFORNIA City of Coachella

DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Coachella Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative)
Date __________________________ Date __________________________

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right

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to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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SPECIAL COVENANTS OR REMARKS
08-RIV-0-COA
LRSPL-5294(019)

1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds.

2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.

Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

3. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

4. This PROJECT is funded with State-Only funding from the Local Roadway Safety Plan (LRSP) Program. ADMINISTERING AGENCY agrees to develop an LRSP under this PROJECT.

The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA).

This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which the LRSP State funds are allocated. The effective State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to start reimbursable work.

Any work performed prior the effective allocation date is not eligible for reimbursement from the LRSP funds.

Program Supplement 08--529-X76- SERIAL Page 2 of 3

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SPECIAL COVENANTS OR REMARKS
08-RIV-0-COA
LRSPL-5294(019)
ADMINISTERING AGENCY agrees that LRSP funds available for reimbursement will be limited to the amount allocated and encumbered by the STATE consistent with the scope of work in the STATE approved application. Funds encumbered may not be used for a modified scope of work after a project is awarded unless approved by the Statewide LRSP Coordinator prior to performing work.

ADMINISTERING AGENCY agrees to the program delivery and reporting requirements. The study and the LRSP must be completed within thirty-six (36) months of the funding allocation.

The Final Report of Expenditure, the final invoice and the LRSP report must be submitted to the DLAE within six (6) months of the report completion.

Program Supplement 08--529-X76- SERIAL Page 3 of 3

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STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance agreement to BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122.

STAFF RECOMMENDATION:

Award maintenance agreement to BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (RFP) for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122. This RFP closed on September 14, 2022 and the City received one response.

The RFP was published to obtain a general contractor that can complete minor jobs as needed throughout the LLMDs; examples of work assignments include: cleanup of disposed items, sign repair, playground equipment repair/replacement. Staff has reviewed the response received from BRC Construction and recommends approval of a maintenance agreement. The agreement as identified in the RFP will have a term commencing October 15, 2022 – October 14, 2025 and not exceed $450,000.

FISCAL IMPACT:

The recommended action will not have a negative impact on the budget. The award amount is allocated in the LLMD Budget.

Attachment:

Proposed Agreement

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B-1
As Needed Miscellaneous Repair Work for the Landscape
and Lighting Maintenance Districts

CITY OF COACHELLA

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of October, 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, (hereinafter referred to as “City”) and BRC Construction with its principal place of business at P.O. Box 491, Palm Desert, CA 92261 (hereinafter referred to as “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 Miscellaneous Repair 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.

2.2 Project.

City desires to engage Contractor to render such services for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122 (“Project”) as set forth in this Agreement.

2.3 License Requirements.

The Contractor must obtain a City of Coachella Business License and show proof that it possesses at a minimum an active State Contractor License as required by the State of California in conformance with performing the duties under this contract.

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2 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 Miscellaneous Repair 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 October 15, 2022 to October 14, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 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.

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.

3.2.4 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s

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3 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 Branden Rickard 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. 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.

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 subcontractors 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.

3.2.7.1 Period of Performance and Liquidated Damages. 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 specified in Exhibit “D”, attached hereto and incorporated herein by this reference, 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. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One Hundred Dollars ($100.00) per day for each and every calendar

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4 day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.8 Laws and Regulations. 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. 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.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Contractor shall not commence Work 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.

3.2.9.2 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. (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 limits of $1,000,000 per accident for bodily injury or disease.

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5 3.2.9.3 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 be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its 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, its 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.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its 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, its 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. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its 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 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, its directors, officials, officers, employees, agents, and volunteers.

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

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

3.2.9.6 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.

3.2.9.7 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.

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

3.2.10 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 as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 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.

3.3 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 Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00). 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 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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7 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 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 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.

3.3.5 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 1600, 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 $1,000 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.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. 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.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 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 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.

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Item 11.
8 3.5.1.2 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.

3.5.1.3 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.

3.5.2 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:

BRC CONSTRUCTION
Address: PO Box 491
Palm Desert, CA 92261
Attn: Branden Rickard
CITY:

City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez
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.

3.5.3 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.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

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9 Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or 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 not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.6 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.

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

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

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

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

3.5.11 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.

3.5.12 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.

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

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Item 11.
10 3.5.14 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.

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

3.5.16 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.

3.5.17 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.

3.5.18 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.

3.5.19 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.

3.5.20 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.

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

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Item 11.
11 3.6 Subcontracting.

3.6.1 Prior Approval Required. 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.

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Item 11.
12 CITY OF COACHELLA BRC CONSTRUCTION
By: By:

Dr. Gabriel D. Martin Branden Rickard
City Manager Owner
Attest:

Andrea Carranza, Deputy City Clerk
_____________________________
Carlos Campos, City Attorney

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Item 11.

A-1
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES

1. Maintenance and repair Landscape Lighting and Maintenance District properties and improvements in those areas.

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Item 11.

B-1
EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES

1. Services for this maintenance agreement are as needed. Response times based on urgency of repair are as follows:
a. Emergency Repair: 30 minutes – 2 hours
b. Non-Emergency Repair: 1-10 days

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Item 11.

C-1
EXHIBIT “C”

COMPENSATION
LICENSED CONTRACTOR HOURLY COST - $150.00 PER HOUR
APPRENTICE/HELPER HOURLY COST - $75.00 PER HOUR
TRAVEL TIME FLAT RATE - $125 PER TRIP
MATERIAL COST - 10% MARKUP

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Item 11.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance agreement to BRC Construction for As Needed Block Wall and Wrought Iron Fence Repairs for the Landscape and Lighting Maintenance Districts Project No. 081122B.

STAFF RECOMMENDATION:

Award maintenance agreement to BRC Construction for As Needed Block Wall and Wrought Iron Fence Repairs for the Landscape and Lighting Maintenance Districts Project No. 081122B.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (RFP) for As Needed Block Wall and Wrought Iron Fence Repairs for the Landscape and Lighting Maintenance Districts Project No. 081122B. This RFP closed on September 14, 2022 at 2pm and the City received one response.

The RFP was published to obtain a general contractor that can complete fence and masonry wall repairs throughout the LLMDs; these repairs are required from time to time due to traffic collisions that affect these improvements, vandalism or age of improvement. Staff has reviewed the response received from BRC Construction and recommends approval of a maintenance agreement. The agreement as identified in the RFP will have a term commencing October 15, 2022 – October 14, 2025 and not exceed $450,000.

FISCAL IMPACT:

The recommended action will not have a negative impact on the budget. The award amount is allocated in the Fiscal Year 2022/2023 LLMD Budget.

Attachment:

Proposed Agreement

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Item 12.

B-1
As Needed Block Wall and Wrought Iron Fence Repairs for the Landscape and Lighting Maintenance Districts

CITY OF COACHELLA

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

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 Block Wall and Wrought Iron Fencing Repair 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.

2.2 Project.

City desires to engage Contractor to render such services for As Needed Block Wall and Wrought Iron Fence Repairs for the Landscape and Lighting Maintenance Districts Project No 081122B (“Project”) as set forth in this Agreement.

2.3 License Requirements.

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Item 12.
2 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 Block Wall and Wrought Iron Fence Repair 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.

3.2 Responsibilities of Contractor.

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

3.2.4 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s

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Item 12.
3 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.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section

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Item 12.
4 day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Insurance.

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Item 12.
5 3.2.9.3 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 be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its 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, its 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.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its 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, its 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. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its 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 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, its directors, officials, officers, employees, agents, and volunteers.

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Item 12.
6 volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.3 Fees and Payments.

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.

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Item 12.
7 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

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Item 12.
8 3.5.1.2 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.

CONTRACTOR:

BRC CONSTRUCTION
Address: PO Box 491
Palm Desert, CA 92261
Attn: Branden Rickard
CITY:

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Item 12.
9 consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or 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 not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

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

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

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

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

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

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Item 12.
10 3.5.14 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.

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

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

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Item 12.
11 3.6 Subcontracting.

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Item 12.
12 CITY OF COACHELLA BRC CONSTRUCTION
By: By:

Dr. Gabriel D. Martin Branden Rickard
City Manager Owner
Attest:

Andrea Carranza, Deputy City Clerk
_____________________________
Carlos Campos, City Attorney

Page 135 ends

Item 12.

A-1
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES

1. Maintenance and repair Landscape Lighting and Maintenance District properties and improvements in those areas.

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Item 12.

B-1
EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES

1. Services for this maintenance agreement are as needed. Response times based on urgency of repair are as follows:
a. Emergency Repair: 30 minutes – 2 hours
b. Non-Emergency Repair: 1-10 days

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Item 12.

C-1
EXHIBIT “C”

COMPENSATION
LICENSED CONTRACTOR HOURLY COST - $150.00 PER HOUR
APPRENTICE/HELPER HOURLY COST - $75.00 PER HOUR
TRAVEL TIME FLAT RATE - $125 PER TRIP
MATERIAL COST - 10% MARKUP

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Item 12.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance agreements to both Rudy G Reyes (dba Rudy’s Electric) and Bear Electrical Solutions for the As Needed Electrical Repairs Project No. 081622.

STAFF RECOMMENDATION:

Award maintenance agreements to both Rudy G Reyes (dba Rudy’s Electric) and Bear Electrical Solutions for the As Needed Electrical Repairs Project No. 081622.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (RFP) for As Needed Electrical Repairs Project No. 081622. This RFP closed on September 21, 2022 at 2pm and the City received two responses.

The RFP was published to select a licensed electrical contractor that can complete repairs to electrical as needed in city buildings, city parks and throughout the Landscape Lighting and Maintenance Districts. However, as identified in the RFP, the City may award more than one contract if desired. After review of the two proposals received and discussions with both proposers, staff recommends awarding a maintenance agreement to both proposers (Rudy G Reyes and Bear Electrical Solutions). Awarding the Project to two contractors will provide redundancy and improve staff’s access to resources when needed. The term and compensation of both agreements will be identical – the terms will commence October 15, 2022 – October 14, 2025 and not exceed $450,000.

FISCAL IMPACT:

The recommended action will not have a negative impact on the budget. The award amount is allocated in the Building Maintenance, LLMD, and Park Division Budgets.

Attachment:

Proposed Agreements

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Item 13.

B-1
As Needed Electrical Repairs Project No. 081622
City of Coachella

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12
th day of October, 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, (hereinafter referred to as “City”) and Rudys Electric Co. with its principal place of business at 736 Palm Avenue, Coachella CA 92236 (hereinafter referred to as “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 electrical maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing electrical repair 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.

2.2 Project.

City desires to engage Contractor to render such services for the As Needed Electrical Repairs Project No 081622 (“Project”) as set forth in this Agreement.

2.3 License Requirements.

3. TERMS.

3.1 Scope of Services and Term.

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Item 13.
2 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.

3.2 Responsibilities of Contractor.

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

3.2.4 City’s Representative. The City hereby designates the 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 Rudy G. Reyes 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

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Item 13.
3 and act on behalf of the Contractor for all purposes under this Agreement. 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.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section

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Item 13.
4 such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. 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.

3.2.9 Insurance.

3.2.9.3 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 be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection

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Item 13.
5 with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its 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, its 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.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its 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, its 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. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its 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 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, its directors, officials, officers, employees, agents, and volunteers.

3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured 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 selfinsured retentions as respects the City, its directors, officials, officers, 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.

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6 3.2.9.7 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.

3.3 Fees and Payments.

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.

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

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

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.2 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.

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8 3.5.1.3 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.

CONTRACTOR:

RUDY G REYES
Address: 736 Palm Avenue
Coachella, CA 92236
Attn: Rudy G. Reyes
CITY:

3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees,

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9 agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or 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 not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

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

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

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

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

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

3.5.14 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.

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10 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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11 3.6 Subcontracting.

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12 CITY OF COACHELLA RUDY G REYES (RUDY’S ELECTRIC)
By: By:

Dr. Gabriel D. Martin Rudy G. Reyes
City Manager Owner
Attest:

Andrea Carranza, Deputy City Clerk
_____________________________
Carlos Campos, City Attorney

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A-1
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
Electrical maintenance and repair services for City parks, City building and Landscape Lighting and Maintenance District properties and improvements in those areas.

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B-1
EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Services for this maintenance agreement are as needed. Response times based on urgency of repair are as follows:
a. Emergency Repair: 1 hours
b. Non-Emergency Repair: 1 -5 days

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C-1
EXHIBIT “C”

COMPENSATION
LICENSED ELECTRICIAN HOURLY COST - $85.00 PER HOUR /
APPRENTICE/HELPER HOURLY COST - $60.00 PER HOUR
MATERIAL COST - 15% MARKUP

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B-1
As Needed Electrical Repairs Project No. 081622
City of Coachella

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12
th day of October, 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, (hereinafter referred to as “City”) and Bear Electrical Solutions Inc. with its principal place of business at PO BOX 924, Alviso CA 95002 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

2.2 Project.

City desires to engage Contractor to render such services for the As Needed Electrical Repairs Project No 081622 (“Project”) as set forth in this Agreement.

2.3 License Requirements.

3. TERMS.

3.1 Scope of Services and Term.

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3.2 Responsibilities of Contractor.

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

3.2.5 Contractor’s Representative. Contractor hereby designates Robert Asuncion 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

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3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section

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3.2.9 Insurance.

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3.3 Fees and Payments.

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.

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

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

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

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CONTRACTOR:

BEAR ELECTRICAL SOLUTIONS INC
Address: PO BOX 924
Alviso, CA 95002-0924
Attn: Robert Asuncion
CITY:

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

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

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

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

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

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10 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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11 3.6 Subcontracting.

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12 CITY OF COACHELLA Bear Electrical Solutions, Inc.

By: By:

Dr. Gabriel D. Martin Mike Peters
City Manager President
Attest:

Andrea Carranza, Deputy City Clerk
_____________________________
Carlos Campos, City Attorney

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Item 13.

A-1
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
Electrical maintenance and repair services for City parks, City building and Landscape Lighting and Maintenance District properties and improvements in those areas.

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B-1
EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Services for this maintenance agreement are as needed. Response times based on urgency of repair are as follows:
a. Emergency Repair: 2 hours
b. Non-Emergency Repair: 2 hours

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C-1
EXHIBIT “C”

COMPENSATION
LICENSED ELECTRICIAN HOURLY COST - $150.00 PER HOUR /
APPRENTICE/HELPER HOURLY COST - $115.00 PER HOUR
TRAVEL TIME EXPENSE FLAT RATE OR $150.00 PER TRIP
TRAVEL TIME PER HOUR $125.00 PER HOUR
MATERIAL COST - 15% MARKUP

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Item 13.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approval for operation of a beer garden by Culturas Music & Arts on November 12, 2022 at Dateland Park from 11am to 8pm.

STAFF RECOMMENDATION:

Approval for operation of a beer garden by Culturas Music & Arts on November 12, 2022 at Dateland Park from 11am to 8pm.

EXECUTIVE SUMMARY:

The 2022 Synergy Music and Arts Festival is planned to occur on Saturday, November 12, 2022 from 11am to 8pm. This event has been a recurring event in Coachella since 2012. The event would occur at Dateland Park and include live bands, disc jockey, food vendors, art displays, merchandise vendors, car show and beer garden.

Culturas Music and Arts is requesting to be authorized to operate a beer garden at this event from 11am - 8pm; all event permit approvals would be contingent upon the applicant meeting all permitting requirements by City, County, ABC and other required regulatory agencies.

FISCAL IMPACT:

None.

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Item 14.

STAFF REPORT
10/12/2022
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award professional services agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 082522H.

STAFF RECOMMENDATION:

Award professional services agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 082522H.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Holiday Lighting and Decorations Project No. 082522H. This RFP closed on September 26, 2022 and the City received two responses; from Hi-Tech Lights and The Christmas King. The project is for design and installation of holiday décor that is synchronized to music along Sixth Street in front of City Hall and the Coachella Library.

The proposals received from both firms were reviewed by staff and scored based on the following categories identified in the RFP: Understanding of Work to the Performed, Demonstrated quality of firm, Familiarity with City, County and State Procedures, References, Completeness of the Proposal, and Cost. Based on the score results staff is recommending award to The Christmas Kings. The proposed agreement, will have a term beginning November 1, 2022 – January 5, 2023 and compensation in the amount of $50,000.

FISCAL IMPACT:

The proposed work was approved in the current budget and the recommended action will not have a fiscal impact.

Attachments:

Proposed Agreement

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Item 15.

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT
PROJECT NO. 082522H

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of October, 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 53990 Enterprise Way, Coachella, California 92236 (“City”) and The Christmas Kings, a corporation with its principal place of business at 31500 Grape St, Suite 3233, Lake Elsinore, CA 92532. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing methods of studying policing services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.3 Project. City desires to engage Consultant to render such services for the Holiday Lighting and Decorations (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant 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 consulting 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 November 1, 2022 to January 5, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant 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 Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant 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. Consultant 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. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Mathew Kronquist.

3.2.5 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 Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Mathew Kronquist, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall

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be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant 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.

3.2.8 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant 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, Consultant 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 Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant 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 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence the 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, Consultant 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.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to

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persons or damages to property, which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.

Consultant 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. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, 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: One Million Dollars ($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 limits of One Million Dollars ($1,000,000) per accident for bodily injury or disease.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant 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 be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its

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directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Consultant. (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 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, its directors, officials, officers, employees, agents and volunteers.

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

3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant 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, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

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

3.2.10.7 Verification of Coverage. Consultant 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 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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 as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 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

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Coachella City CouncilOctober 12, 2022

Coachella City Council
October 12, 2022