City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
CITY COUNCIL CLOSED SESSION AND REGULAR MEETING
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 May 10, 2023
5:00PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
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. The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.
Agenda City Council Closed Session and Regular Meeting May 10, 2023
CALL TO ORDER: - 5:00 P.M.
ROLL CALL:
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” PUBLIC COMMENTS (CLOSED SESSION ITEMS):
ADJOURN TO CLOSED SESSION:
1. Public Employee Performance Evaluation Pursuant to Government Code Section 54947 Title: City Manager
2. Public Employee Performance Evaluation Pursuant to Government Code Section 54947 Title: City Attorney
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Labor Negotiator: City Manager Gabriel Martin; Interim Finance Director William Pattison Employee Organization: Teamsters Local 1932 Representing Miscellaneous/Sanitary Employees
4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Labor Negotiator: City Manager Gabriel Martin; Interim Finance Director William Pattison Employee Organization: Teamsters Local 1932 Representing Mid-Management Employees RECONVENE REGULAR MEETING: - 6:00 P.M.
PLEDGE OF ALLEGIANCE:
CLOSED SESSION ANNOUNCEMENTS:
PROCLAMATIONS/PRESENTATIONS:
5. Proclamation Presented to Deputy Nevins
6. Fibromyalgia Awareness Month
7. Lupus Awareness Month
Agenda City Council Closed Session and Regular Meeting May 10, 2023
8. Presentation on the 2023-2024 Annual Operating Budget 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.)
9. Meeting Minutes of April 26, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency
10. Award maintenance agreement to Vintage Landscape for Landscape Maintenance Services for Bagdouma Park Project No. 031623.
11. Award maintenance services agreement to Vintage Landscape for Landscape Maintenance Services for City Medians and Downtown 6th Street Project No. 031623B.
12. Award construction agreement to Desert Concepts Construction Inc. for the Tierra Del Sol Decorative Lighting Improvements Project LL-03-021323.
13. Adopt resolution setting a June 14, 2023 public hearing date for Municipal Solid Waste Rates for fiscal year 2023/2024.
14. Professional Service Agreement with Michael Baker International to develop a Parcel Map for Avenue 50 Extension Condemnation Parcels, City Project ST-98.
15. Adopt Resolution No. 2023-26, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2023-24, Funded by SB 1: Road Repair and Accountability Act.
16. Community Facilities District (CFD No. 2005-01) Annexation 32 – (Placita Dolores Huerta– Phase 1 Parcel Map No. 37833 - Ordinance No. 1202 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 32 Annexed to Said District (2nd Reading)
17. Authorize Transfer of Funds in the Amount Of $124,626.00 from Measure A to Project S-24, Avenue 48 And Harrison Street Sewer Improvements.
18. Approve a contribution to Coachella Valley Association of Governments’ CV Housing First program in the amount of $100,000 for current Fiscal Year 2022-23 and MOU
19. Voucher Listing- EFT's/Utility Billing Refunds/FY 2022-23 Expenditures as of May 10, 2023, $3,466,894.56.
20. Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for Cannabis Social Equity Consulting Services in a Not-to-Exceed Amount of $50,000
Agenda City Council Closed Session and Regular Meeting May 10, 2023
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
21. Approve cooperative agreement for El Grito Event between the City of Coachella, Telemundo and Mexican Consulate in San Bernardino and approve operation of a beer garden at Rancho Las Flore Park for the 2023 El Grito Event
22. Professional Service Agreement with California Waters Development, Inc. to provide Design/Build Construction Services in an amount not to exceed $46,000 for the design phase and authorize appropriation of $46,000 from General Fund for the Veteran’s Park Splash Pad Project, City Project P-26.
23. Recommend approval of Memorandum of Understanding for Library Operations at the Coachella Library between the City of Coachella and County of Riverside
24. City of Coachella Annual Progress Report (APR) to the California Dept. of Housing Community Development
25. Pueblo Viejo Downtown Parking Survey Update
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
PUBLIC COMMENTS (NON-AGENDA ITEMS):
The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
City Manager’s Comments.
ADJOURNMENT:
Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES
WHEREAS, in January 2022 Deputy Nevins conducted a lengthy investigation which resulted in arresting four people for possession of several hundred fentanyl pills, powdered fentanyl, methamphetamine, one stolen vehicle, two ghost guns, and one recovered stolen firearm; and
WHEREAS, Deputy Nevins has completed two tours at the Thermal Station from August 2012 to July 2016 and November 2020 to May 2023; and
WHEREAS, Deputy Nevins has been a part of the CCAT (Career Criminal Apprehension Team) since March 2021 to May 2023; and
WHEREAS, in March 2022 and December 2022 Deputy Nevinsreceived commendations from his Supervisor regarding the arrest and filing of three Watson arrests; and WHEREAS, in June 2022 Deputy Nevins coordinated and conducted several buy busts of illegal fireworks within the city of Coachella and received a commendation from Captain Bianco after recovering over 1,500lbs of illegal mortar type fireworks; and WHEREAS, Deputy Nevins also received commendations from OTS grant manager for timely grant reports and accurate budget management; and NOW THEREFORE, I, Steven A. Hernandez, Mayor of the City of Coachella, by the power vested in me, do hereby recognize
Deputy Nevins
and urge all citizens of the City of Coachella to thank him for his service, dedication and care he has provided for the families of Coachella.
IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 10th day of
May 2023.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 5.
WHEREAS, Fibromyalgia is a complex chronic illness which causes fatigue, cognitive problems, and debilitating pain in women, men, and children of all ages and races; and WHEREAS, over 4 million people in the United States—2 to 4 percent of the population and millions of people worldwide—have been diagnosed with Fibromyalgia, a disease for which there is no known cure; and
WHEREAS, Fibromyalgia often takes an average of three to five years to receive a diagnosis; and
WHEREAS, existing public information, medical education, research, and resources to properly serve patient communities remain inadequately disseminated and are insufficient in addressing the needs of specific diverse populations and other underserved groups; and WHEREAS, Fibromyalgia is present in children and young adults which poses unique challenges for this population who not only struggle with the symptoms of this illness, but also from the lack of understanding and lack of social acceptance; and WHEREAS, increased public awareness, education and research are the key to winning the battle against Fibromyalgia; and
NOW THEREFORE, I, Steven A. Hernandez, Mayor of the City of Coachella, by the power vested in me, do hereby claim May 2023 as
Fibromyalgia Awareness Month
and urge all citizens of the City of Coachella to increase awareness and understanding of fibromyalgia in our community.
IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of Coachella, California to be affixed this 10th day of May 2023.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 6.
WHEREAS, Systemic Lupus Erythematosus, commonly known as lupus, is a chronic, complex, and often life-threating autoimmune disease; that randomly attacks the body’s own tissues, vital organs and joints; and
WHEREAS, it is estimated that there are over 322,000 to 1.5 million people with lupus in the United States and there are an estimated 16,000 new cases each year. Lupus mostly strikes women of childbearing age. However, men, children and teenagers develop lupus, too; and WHEREAS, increasing public awareness and focusing on public attention on lupus and its devastating impact on patients’ lives will provide hope for a better future for those affected; and WHEREAS, Lupus is one of the most difficult diseases to diagnose because its symptoms come and go, mimic other diseases, and there is no single test that can definitively identify the illness, early diagnosis and proper treatments are critical to the improvement of the quality of life and survival rate of people with Lupus, there is no known cause or cure for lupus; and WHEREAS, Looms for Lupus works to raise awareness of the signs and symptoms of lupus and to promote education, research, social support, and quality medical care for our citizens who live with, or care for someone who struggles with this disease; and NOW THEREFORE, I, Steven A. Hernandez, Mayor of the City of Coachella, by the power vested in me, do hereby recognize
Lupus Awareness Month
and urge all citizens of the City of Coachella to increase awareness and understanding of lupus in our community.
IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 10th day of
May 2023.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 7.
City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
MINUTES
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
CITY COUNCIL CLOSED SESSION AND REGULAR MEETING
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 April 26, 2023
5:00PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
CALL TO ORDER:
The Closed Session of the City Council of the City of Coachella was called to order at 5:00 P.M.
ROLL CALL:
Present: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
Absent: Mayor Pro Tem Galarza
City Clerk Zepeda absent for the Closed Session and arrived in person for the Regular Meeting
City Treasurer Aviles via zoom
APPROVAL OF AGENDA:
City Manager Martin requested closed session Item 1 &2 language to strike Public Works Director and add City Engineer and to add an additional Item 3a. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
Mayor Hernandez requested to add an additional named Item 5. City Manager Evaluation Motion: To approve Agenda with modifications
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Virgen
Approved: 4-0, by a unanimous voice vote
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
PUBLIC COMMENTS (CLOSED SESSION ITEMS):
None.
ADJOURN TO CLOSED SESSION:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 768-160-001 Agency Negotiator: City Manager and Public Works Director Negotiating Parties: RMM Inv Capital Under Negotiation: Price and Terms
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 768-163-001 City Negotiator: City Manager and Public Works Director Negotiating Parties: Javier Botello and Virginia Botello Under Negotiation: Price and Terms
3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Labor Negotiator: City Manager Gabriel Martin; Interim Finance Director William Pattison Employee Organization: Teamsters Local 1932 Representing Miscellaneous/Sanitary Employees
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) In re: National Prescription Opiate Litigation Case No.: U.S.D.C. Case No. 1:17- CV-2804 Court: United States District Court, Northern District of Ohio, Judge Dan Aaron Polster RECONVENE REGULAR MEETING:
The City Council reconvened into the regular meeting at 6:00 P.M.
PLEDGE OF ALLEGIANCE:
The pledge of Allegiance was led by Robert Caballero.
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:
5. Greater Coachella Valley Chamber of Commerce - Enda Rodriguez
6. Coachella Valley Unified School District Proclamation Recipients: Alberto Rodriguez, Jonathan Marquez-Leal, Judith Ortiz, Mario Gallo, Matias Villanueva, Natalie Araujo, Omar Garcia, Richard Yanez, Victor Flores-Munoz
7. CVAG's CV Housing First Program
8. Audit Report Presentation (Councilmember Virgen stepped away at 7:18 p.m. and returned at 7:19 p.m.)
9. Grants Presentation
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
10. Mid-Year Budget Review (Councilmember Virgen stepped away at 7:33 p.m. and returned at 7:34 p.m.) WRITTEN COMMUNICATIONS:
None
CONSENT CALENDAR:
City Manager Martin requested that Item 19 be pulled from the Consent Calendar due to vendor being unable to perform job at original quoted cost.
11. Meeting Minutes of March 22, 2023, of the City Council, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency
12. Special Meeting Minutes of April 19, 2023 of the City Council, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, and Successor Agency to the Coachella Redevelopment Agency
13. Maintenance of Effort Certification Statements Fiscal Year 2023/2024, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding
14. Authorize a Community-Based Grant to Elder Love USA in the Amount of $1,000 to Support its InHome Caregiving Program for Older Adults
15. 2022 Coachella Parks and Recreation Foundation activity update.
16. Building Activity Report Q1 2023
Code, Graffiti, Animal Control Report Q1 2023
Engineering Report Q1 2023
Licensee Report Q1 2023
Utilities Report Q1 2023
17. Modify construction contract budget with Desert Concepts and modify total project budget for the Pueblo Viejo Sustainable Transportation Project, City Project ST-130.
18. Authorize the City Manager to extend the contract with The Pun Group, LLP for Professional Auditing Services.
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
19. Authorize execution of Amendment No. 1 between the City of Coachella and Conserve Landcare LLC for Project No. 032921.
20. Voucher Listing- EFT's/Utility Billing Refunds/FY 2022-23 Expenditures as of April 26, 2023, $5,624,124.04.
21. Authorization to file a Notice of Completion for Pedestrian Roadway and Safety Improvements, City Project ST-134.
22. Amendment No. 2 to the Sub-Reimbursement Agreement by and between Coachella Valley Association of Governments (CVAG), City of Coachella and Riverside County (County) for the Avenue 48 Widening Project between Van Buren and Dillon Road, City Project ST-131.
23. Investment Report – February 2023
Motion: To approve the Consent Calendar as printed with the removal of Item 19 Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Hernandez
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
(Councilmember Dr. Figueroa stepped away at 8:16 p.m. and returned at 8:19 p.m.)
24. Professional Service Agreement with Michael Baker International to develop an updated Pavement Management System (PMS) Report.
Motion: To approve per staff recommendation
Made by: Councilmember Delgado
Seconded by: Councilmember Dr. Figueroa
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
25. Recommend updating park user fee schedule to reflect collection at 50% of the approved rates starting on July 1, 2023 and collection at 100% of the approved rates on January 1, 2024; recommend continuance of Public Field Use Days with Bagdouma Park Field 3 modification.
Motion: To one-year continuance on Park User Fees with exception of approval of staff recommendation on Field 3.
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Hernandez
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
26. Appointments to the Coachella Parks and Recreation Commission, five new Commissioners and one Alternate Commissioner.
Mayor Hernandez elected Andrew Gallegos, Councilmember Dr. Figueroa elected Karen Hernandez, Councilmember Virgen elected Marcos Granados Jr., Councilmember Delgado elected Robert Antonio Caballero, Mayor Pro Tem Galarza elected Rosalio Avila, and Mayor Hernandez elected J. Carlos Ayala for Alternate Commissioner.
Motion: To approve five new Commissioners and one Alternate Commissioners to the Coachella Parks and Recreation Commission
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Hernandez
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
27. Community Facilities District (CFD No. 2005-01) Annexation 32 – (Placita Dolores Huerta– Phase 1 Parcel Map No. 37833)
a) Resolution No. 2023-20 Determining the Validity of Prior Proceedings relating to Annexation of Property (Annexation No. 32) in the City of Coachella CFD No. 2005-01 (Law Enforcement, Fire and Paramedic Services).
Motion: To approve per staff recommendation
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
Made by: Councilmember Dr. Frank Figueroa
Seconded by: Councilmember Virgen
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
b) Resolution No. 2023-21 on Behalf of CFD No. 2005-01 Calling a Special Election within Annexation Area No. 32 (Placita Dolores Huerta– Phase 1 Parcel Map No. 37833).
Motion: To approve per staff recommendation
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Virgen
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
c) Resolution No. 2023-22 Canvassing The Results of The Election Held Within CFD No. 2005-01 (Area No. 32)
Motion: To approve per staff recommendation
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Virgen
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
d) Ordinance No. 1202 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 32 Annexed to Said District (1st Reading) Motion: To approve per staff recommendation
Made by: Councilmember Dr. Figueroa
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
Seconded by: Mayor Hernandez
Approved: 4-0, by a unanimous voice vote
AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
(Public Hearing opened at 9:14 p.m. and closed at 9:14 p.m.) PUBLIC COMMENTS (NON-AGENDA ITEMS):
1. Robert Caballero
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees:
Councilmember Dr. Figueroa:
1. Requested that city website be updated and more interactive. Information is buried and hard to find.
2. Wants all meeting videos posted for transparency.
Councilmember Virgen:
1. Farmchella – Would like to know the number of families served that day.
2. Requested that staff add language to agenda advising if there would be a “Fiscal Impact”, “General Fund”, and/or “Budget Impact”.
Councilmember Delgado:
1. Agreed with Councilmember Dr. Figueroa that website needed to be updated and user friendly.
2. Requested City Manager Martin present on PIO and list of current projects.
3. Keys to the City – wants to learn how we evaluate, what is the criteria and would like to participate in the selections.
4. ARPA Funding – would like to see a presentation regarding the two items remaining and what else has been added from the study session.
5. Disagrees with council regarding cancellations of Council Meeting.
6. Dog Neutering – What is the fee? Do dogs have to be registered? Mayor Hernandez:
1. Wants to look into mandating alternate transportation. Master Plan to implement charging stations as current stations are not sufficient.
2. CV Link will break ground this year. Have it on your radar.
City Manager’s Comments:
1. LAFCO – 60 days draft report. Will need council’s comments.
Item 9.
Minutes City Council Closed Session and Regular Meeting April 26, 2023
ADJOURNMENT:
There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 9:44 P.M.
Respectfully submitted,
Angela Zepada
City Clerk
City of Coachella
Item 9.
STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance agreement to Vintage Landscape for Landscape Maintenance Services for Bagdouma Park Project No. 031623.
STAFF RECOMMENDATION:
Award maintenance agreement to Vintage Landscape for Landscape Maintenance Services for Bagdouma Park Project No. 031623.
EXECUTIVE SUMMARY:
The City published a Request for Proposals (RFP) for Landscape Maintenance Services for Bagdouma Park Project. This RFP closed on April 24, 2023 and the City received two responses.
As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a three-member staff selection panel. Each panelist member scored all proposals received per the evaluation criteria established in the RFP (total points 100):
• Contractor Information (Including References) – 20 Points • Proposed Project Work Schedules – 25 Points
• Proposed Facilities, Equipment, Materials, and Staffing Schedule – 20 Points • Communications, Traffic Safety, Green waste – 5 Points • Cost Proposal – 25 Points
• Completeness, Thoroughness, Clarity, and Neatness of Proposal – 5 Points Based upon these selection criteria, the top ranked proposer selected was Vintage Associates Inc.
The scores and service amounts submitted by each proposer are listed below:
Scores 1 2 3 Totals
(Max is 300)
Mariposa Landscape Inc. 82 83 78 243
Vintage Landscape 88 93 91 272
Item 10.
Prices for Services Annual Amounts
Mariposa Landscape Inc. $ 371,280.00
Vintage Landscape $ 304,800.00
Staff recommends award of the RFP and corresponding landscape maintenance agreement in an amount not to exceed $381,000 (two-year term); the recommended award amount is the two-year contract amount of $304,800 plus a 25% contingency to allow for plant/turf replacement and overseeding as needed throughout the agreement term. The agreement, as identified in the RFP, will have a two-year term. The term for the proposed agreement is from July 23, 2023 – July 22, 2025.
FISCAL IMPACT:
The recommended action will not have a negative impact on the budget. .
Attachment:
Proposed Agreement
Item 10.
1 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
CITY OF COACHELLA
MAINTENANCE SERVICES AGREEMENT – PROJECT NO. 031623
1. PARTIES AND DATE.
This Agreement is made and entered into this May 10, 2023 by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Vintage Associates Inc.,(DBA Vintage Landscape) a corporation, with its principal place of business at 78-755 Darby Road, Bermuda Dunes, CA 92203 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
City desires to engage Contractor to render such services for the Landscape Maintenance Services for: Bagdouma Park Project No. 031623 (“Project”) as set forth in this Agreement.
Item 10.
2 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 Incorporation of Documents. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor’s Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Response to Request for Proposal
Any other documents contained in or incorporated into the Contract
3.1.2 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 landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.3 Term. The term of this Agreement shall be from July 23, 2023 to July 22, 2025 unless earlier terminated as provided herein. 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 by one additional one-year term.
Item 10.
3 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
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 Substitution of Key Personnel. Contractor 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, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event
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that City and Contractor 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 Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Kyle Gritters.
3.2.5 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 Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Contractor’s Representative. Contractor hereby designates Kyle Gritters, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. 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 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.8 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
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in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8.1 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 also 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 separately agreed upon in writing by the City and Contractor (“Performance Milestones”). Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such 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 the sum of two hundred dollars ($200.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.
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3.2.9 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.
3.2.10 Insurance.
3.2.10.1 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.
3.2.10.2 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
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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.
3.2.10.3 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,
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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.
3.2.10.4 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.
Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
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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.
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:VIII, licensed to do business in California, and satisfactory to the City.
3.2.10.7 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.
3.2.10.8 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.11 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.
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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 three hundred eighty-one thousand dollars and zero cents ($381,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
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, if applicable, the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If applicable the Services are being performed as part of an applicable “public works” or “maintenance” project, as
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defined by the Prevailing Wage Laws, and if applicable 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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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:
Vintage Associates Inc
78-755 Darby Road
Bermuda Dunes, CA 92203
Attn: David Smith
City:
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.5.4 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.
3.5.5 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.
3.5.6 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, Contractors, 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, 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 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior
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negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 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.
3.5.13 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.
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3.5.14 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 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.
3.5.19 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,
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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.
3.5.20 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.
3.5.21 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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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CITY OF COACHELLA VINTAGE ASSOCIATES INC DBA VINTAGE
LANDSCAPE
By: By:
Dr. Gabriel D. Martin Kyle Gritters
City Manager President
Attest: Attest:
City Clerk
Approved as to form:
_________________________
Best, Best & Krieger
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EXHIBIT “A”
SCOPE OF SERVICES
These Specific Terms and Conditions (hereinafter referred to as “specifications”) establish the City of Coachella’s standards for the maintenance of the landscaped areas listed in Contract Agreement Exhibit “A”. Please note level of service required for this contract is Level of Service A as these areas are high visibility areas.
1. Scope of Work
a. The intent of the Agreement is to secure a Contractor which shall provide Landscape Maintenance Services.
b. Contractors shall furnish all labor, tools, materials and equipment, except where otherwise specified, to provide landscape maintenance services as set forth in this Agreement.
c. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Director of Public Works, or his/her authorized agent, and comply with all legal construction and landscape maintenance practices.
The premises shall be maintained at the level of service provided for in these specifications at all times.
d. Contractors shall have the duty to provide landscape maintenance of City Parks and Office Facilities work sites according to each site schedule including, but not limited to, the following:
i. Prune, shape and trim shrubs, vines and ground cover plants. ii. Control weeds.
iii. Mow and edge turf grass and blow hardscape clean.
iv. Maintain plant material in a healthy condition with horticultural acceptable growth and color.
v. Perform general area clean-up, including the removal of leaves, trash, dog feces and other debris at each site.
vi. Maintain all work sites in a safe, attractive and usable condition. vii. Empty trash cans and remove letter at each site.
viii.Contractors shall contact the assigned City Representative or designee on a daily basis to discuss the contractor work schedule for the day, existing problems, or other important information. ix. Contractors shall perform a maintenance inspection, during daylight hours, of all areas.
x. Contractors shall attend a mandatory inspectors’ meeting each week in order to receive important information and resolve any problems. xi. Contractor shall complete and submit a monthly Site Inspection form per each site.
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xiii. Contractor shall recycle green waste generated from their contract performance and submit a monthly report identifying the weight and /or volume of green waste recycled.
xiv. Contractors shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. (Emergencies that involve maintenance work included in these general conditions shall not be compensated).
Failure to provide the manpower, equipment, tools, materials, services, and special skills necessary to accomplish above Scope of Work to the standard established by these specifications may result in a Performance Deficiency Deduction and/or a reduction in payment.
CONTRACTOR’S LICENSE REQUIREMENTS
City of Coachella Business license (current)
C-27 Landscape Contractors License (current and active) State of California Pesticide License QAL for chemical applications category B (current and active)
State of California Pest Control Business License (current) County of Riverside Pesticide Business License Registration (current)
MANDATORY INITIAL INSPECTION & ACCEPTANCE OF
DESIGNATED LANDSCAPE AREAS
The Public Works Director (or Director’s designee) and the Contractor shall conduct an inspection of the designated landscape areas covered under this ContractAgreement as soon as practicable after its execution, and prior to commencement of Contractor's operations. The purpose is to allow the Contractor and the City representative to observe and note any deficiencies or potential problems with landscape area plant materials, decomposed granite/gravel areas, or designated hardscape surfaces and structures.
A. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract.
B. The Public Works Director or his designee and the Contractor will perform an operational irrigation inspection.
Any corrective items that are observed during the initial inspection, and acknowledged by both parties, may be resolved with the current Contractor or with the successful Contractor on a "one time only" extra work basis. After a specified time frame for corrections the landscape area plant materials, and designated
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hardscape surfaces and structures will be turned over to the Contractor for contract maintenance. Thereafter, failure to maintain designated landscape areas up to this established standard shall result in the City deducting payment of all or part of the Contractor's compensation, as noted in pertinent sections of these General Terms & Conditions, as well as in the Special Terms & Conditions.
CONTRACTOR’S WORK SCHEDULES
It is the intent to schedule maintenance in a manner that keeps the designated landscape areas in a state of healthy, vigorous growth.
The Contractor shall submit a Maintenance Schedule provided to the City scheduling the Maintenance Operations, including but not limited to the tasks identified in the below chart. The suggested regularity with which these tasks are to be scheduled are as recommended below or as needed per the direction of the City Representative, whichever achieves the desired service level.
Bi
Daily Weekly Weekly Monthly Quarterly Annually
Mowing and Edging
1x &/or
2x
Litter Removal X
Weed Control X
Minor Tree Pruning X
Ground Cover Edge/Trim X
Shrub Trimming X
DG Raking X
Parkway Area Main. X
Overseeding
(triple blend) 2x
Fertilization Application X
Herbicide Application
Pest Control X
Hardscape Surfaces X
The Contractor shall submit immediately upon issuance of notice to proceed a work schedule for each designated landscape area, which will include as minimum the following:
A. Crew Size to be determined for the life of the contract B. Time and Date for each activity specifying when each work will be completed
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At the Mandatory Initial Inspection meeting, the Contractor will present a temporary or base line schedule of work for the upcoming year. It is preferred that a computerscheduling program compatible with City software be used to generate this schedule.
At 30 days from start of contract, a permanent schedule will be given to the City, hereinafter referred to as the FREQUENCY SCHEDULE. Failure to provide this schedule to the City in the appropriate time shall result in termination of the contract; failure to adhere to the Frequency Schedule shall result in PERFORMANCE DEFICIENCY DEDUCTIONS.
Monthly Walk-Through and Reports
The Contractor, as part of this agreement, will submit a monthly report with invoice.
Failure to submit reports and schedules in the time specified shall result in a $200 Performance Deficiency Deduction per occurrence, delay in payment, and/or termination of the contract. The Contractor may submit the monthly report and schedule using a computer based program or, the Contractor may submit the report and schedule in writing. It is preferred that a computer-scheduling program compatible with City software be used to generate this schedule. The following information must be included on the monthly schedule:
A. Schedule of maintenance: At the end of each month, the Contractor’s representative and the City representative shall have a walk through of the Parks. The walk-through will focus on but not be limited to: work just completed, seasonal maintenance tasks, the Frequency Schedule and its pertinent tasks, as well as any Extra Work needed. This will generate a punch list from which the contractor will develop the next month’s schedule.
1. Contractor shall provide a schedule of maintenance at the start of each month identifying areas to be maintained and a time frame of when each function shall be performed. This schedule should include the Frequency Schedule as it pertains to the maintenance for that month.
2. Monthly schedules shall be adjusted to compensate for all City-recognized holidays.
3. Monthly schedules shall be adjusted as directed by the City representative.
B. The Public Works Department or city staff may request to be part of the WalkThrough or at any time the City deems it necessary.
1. The City will assume that the Contractor will adhere to the schedule. The City must receive notification of changes at least 12 hours in advance of the scheduled time for performance of the work.
2. Failure to notify the City of a schedule change and/or failure to perform an item of work on the scheduled day may result in a payment adjustment to reflect only the work actually accomplished.
3. A monthly report, including an irrigation inspection report, based upon the schedule outlined in the Frequency Schedule and will be turned in at the monthly walk through meeting. Failure to submit this report at the time of
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the monthly walk through meeting may result in a $200 Performance Deficiency Deduction per occurrence.
A. A monthly report, based upon the approved monthly schedule, and green waste recycling reports, will be turned in at the monthly walk through meeting. Failure to submit this report at the time of the monthly walk through meeting may result in a $200 Performance Deficiency Deduction per occurrence.
SAFETY
Contractor shall conduct all operations performed under this Agreement in a manner that complies with all applicable federal, state, and local safety laws, rules, orders, and regulations, including but not limited to those set forth in the contract’s General Terms and Conditions, as well as those set forth in these specifications.
REPORTING DAMANGE/MALFUNCTION/VANDALISM
Any damage to, or malfunction of, any irrigation systems, any facility not specifically stated in this Agreement shall be promptly reported to the Director. Contractors shall be responsible for reporting any vandalism/theft of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractors.
STORAGE FACILITIES
The City of Coachella shall not provide any storage facilities for the Contractors.
PLANT MAINTENANCE
A. All plant material shall be maintained as needed to prevent obstruction as well as possible safety concerns to vehicles, pedestrians and/or the general public.
Shrubs shall be maintained to create adequate line-of-sight vision for vehicles where applicable. All vegetation shall be maintained in such a manner as to eliminate over growth beyond its designated parameter and/or encroachment onto sidewalks or curbs. Keep plants located adjacent to sidewalks at a maximum height of three (3) feet and pruned back one (1) foot from edge of sidewalk.
B. Dead material shall be pruned from plants as they occur. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one week, unless otherwise directed by the City and/or contract.
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C. Plant material is to be pruned in a manner that is described as a two-step, naturalistic pruning procedure. The City may, at its own discretion, alter time lines or techniques, as the City deems necessary.
D. The Contractor shall be responsible for replacing dead plant material, at no cost to the City, that dies 30 days from commencement of the contract and throughout the term of this contract due to neglect, lack of maintenance or improper care.
E. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract. This will be accomplished during the mandatory acceptance walk through with the City representative(s) and the Contractor.
TREE MAINTENANCE
A. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be eight feet and vehicular clearance fourteen feet from grade. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear.
B. The Contractor is only responsible for trees under fifteen feet in height for safety and sucker control only. Palm Trees under fifteen (15) feet in height are the responsibility of the contractor. All other tree pruning will be performed under a separate contract, including palm trees. Dead palm fronds and seedpods however, shall be removed from trees less than 15 feet as they appear.
C. In order to promote proper form, strength, health, and appearance consistent with their intended use, any tree pruning done at the request of the City shall be consistent with: the current and applicable International Society of Arboriculture (ISA) guidelines; American National Standards Institute (ANSI) standards, including but not limited to ANSI 300 (most current revision) and ANSI Z133 (most current revision); Chapters 12.24 (Street Trees) and 12.28 (Palm Trees) of Title 12 of the City of Coachella’s Municipal Code.
D. NO TOPPING OF TREES WILL BE ALLOWED.
E. The Contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the City. Broken stakes are to be removed and if appropriate, replaced. Contractor shall replace tree stakes within twenty-four (24) hours of receiving a corrective action notification from the City; failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per site for each day Deficiency remains uncorrected beyond deadline. Stakes should not remain on the trees longer than 6 months. If the tree cannot stand upright once stakes are removed, the City will then determine whether or not to replace the tree.
F. The Contractor shall remove their debris from pruning and tree maintenance
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the same working day as accumulated. See also LITTER
CONTROL/DEBRIS REMOVAL Section below.
G. The Contractor shall be held responsible for any damages done to trees due to poor management procedures. The Contractor shall replace trees, at no cost to the City, that die 30 days after acceptance of the contract due to neglect, lack of maintenance, infestation or improper care. This does not include those trees identified on the mandatory walk with the City and the Contractor.
H. Any trees broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be pruned and/or removed within 24 hours of notification and may be considered an Extra Work to the Contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an Extra Work item.
I. An 18” radius tree well will be maintained around the trunks of trees growing in turf or ground cover areas. Shrubs and/or shrub canopies shall not be permitted to encroach within 12” of tree trunks or root crowns. No weed eater shall be used around trees.
SHRUB MAINTENANCE
A. Pruning
1. Shrubs shall be pruned as required for safety, removal of broken and diseased branches, general containment, and appearance.
2. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain their size with respect to species, size of planters and the best health of the plant and/or as described in the Frequency Schedule; coordinate with City representative.
3. Pruning shall be done with sharp pruning tools and no weed eaters.
4. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use. Coordinate with City representative.
5. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.
6. All pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.
7. Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air movement through the shrub.
8. Care shall be taken to prevent soil build-up around the crown of shrubs.
9. Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.
10.Remove any spent blossoms or dead flower stalks as required to present a neat appearance.
11.Shrubs and mounding shall not exceed 2 feet in height within areas required
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for vehicle sight distance depending upon roadway topography.
B. Shrubbery Replacement
The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor’s faulty maintenance or negligence, as determined by the City representative.
C. Pruning Schedule
Shrubs shall be pruned and trimmed as needed or as requested by the City’s representative. Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same. In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property and to remove dead, damaged or diseased plant material.
D. Fertilization
SEE FERTILIZER APPLICATIONS Section below.
E. Cultivation
Contractor shall cultivate around shrub and tree areas and tree wells sufficiently and often enough to control weed growth and maintain existing irrigation and drainage ditches.
F. Irrigation (Deep Soaking)
See WATER MANAGEMENT Section below.
TURF GRASS MAINTENANCE
A. General
1. Turf Grass Mowing:
a. Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
b. The blade adjustment shall provide a uniform, level cut without ridges, depressions or scalping.
c. All turf grasses to be cut at a two and one-half (2 1/2) inch height throughout the year.
d. Turf grass mowing heights may be adjusted by the Public Works Director. e. All turf grass clippings shall be picked up and removed to a legal dumping site prior to vacating the work site after each mowing. f. Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
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a. Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance. This mowing schedule shall be approved by the Public Works Director.
b. All areas shall be mowed once every week. Failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per acre, per occurrence.
c. Any alteration of the approved mowing schedule shall be submitted in writing to the Public Works Director for approval prior to implementation.
2. Turf Grass Edging and Trimming:
a. Turf grass edging and trimming shall be performed once every week.
Failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per field/site, per occurrence. b. Edging of turf grass shall be performed with a power edger containing a steel blade.
c. All turf adjacent to sidewalks, curbs, mowing strips, shrub beds, where no improved surface exists, shall be edged in a neat uniform line. d. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees shrubs, or any structures located within the turf grass area.
e. In areas where there is no mow curb, a six (6) inch barren strip shall be provided, and maintained, between turf grass and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
f. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
g. All clippings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site. h. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean.
i. See FERTILIZER APPLICATIONS Section below.
3. Overseeding:
a. Contractor shall be responsible for scalp and seed for winter, and seed for summer. Contractor shall comply with Section 5.05.010 of the City Coachella’s Municipal Code. Coordinate with City representative; City to provide seed.
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GROUND COVER MAINTENANCE
A. General
1. Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance, with neat uniform lines.
2. Remove broad-leafed and grass weeds as required. Weeds shall be controlled and not allowed to reach two-inch (2”) height. Remove weeds by chemical or mechanical means as approved by City representative. See also WEED CONTROL, PEST CONTROL, and HERBICIDES Sections below.
3. Prevent soil compaction by cultivating regularly all ground cover areas.
4. Remove debris that accumulates on ground fixed lighting fixtures.
5. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily basis. See also LITTER CONTROL/DEBRIS REMOVAL Section below.
6. Keep ground cover trimmed back from all drip line irrigations, controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground cover to grow up the trunk of trees, into shrubs, on structures or walls unless directed by the City representative. Keep trimmed back approximately 4 inches from structure or walls and two (2) inches from sidewalks, curbs, mow curbs, and walkways. Coordinate trimming around base of shrubs/trees with City representative.
7. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.
8. Bare soil area shall be cultivated a minimum of once per month and/or mulched as directed by the City representative (mulch will be supplied or paid for by the City).
9. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.
10.After edging or trimming, the Contractors shall sweep clean all adjacent sidewalks or gutters.
11.See FERTILIZER APPLICATIONS Section below.
WEED CONTROL
A. Planters, gravel areas, sidewalks, curb and gutters, expansion joints, fence lines, drainage areas, bare areas, and around plants and trees shall be kept free of grass and weeds. This will be done on an as-needed basis.
B. The Contractor shall perform weed removal and shall identify in their schedules approximate time frames for performing this function. Failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per site for each day Deficiency remains uncorrected. Acceptable methods of control are:
Annual weeds, mechanical and/or chemical methods. Perennial weeds such as Bermuda grass, nutsedge (species), bindweed, pennisetum grass shall be controlled with chemical means only.
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C. After weeds have been sprayed and removed, the Contractor shall rake or sweep the area removing any debris generated as a result of the weed control process.
D. Chemical herbicide control is the responsibility of the Contractor. The Frequency Schedule outlines the minimum herbicide controls. If weed control has not been maintained as specified, the City may require additional herbicide applications at no additional cost to the City. Preventative weed control, such as pre-emergent herbicides and post-emergent herbicides is the responsibility of the Contractor. See also PEST CONTROL and HERBICIDES Sections below.
PEST CONTROL
General
The Contractor shall provide complete and continuous control and/or eradication of all plant pests at no extra cost, including: weeds; insects, mites, nematodes, and other invertebrates; gophers, squirrels, rats, mice, and other vertebrates; snails and slugs; pathogens and diseases.
Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies and host resistance.
The only exception to this is with regards to bees. The contractor will be responsible for reporting to the City any bee activity (swarms or hives) immediately.
All areas of the landscape shall be inspected for infestations of harmful pests. Leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted should be noted. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.
At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated; start preventative cultural methods before a pest is visible. Inspect new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees.
Control adult beetles before they lay eggs on bark in the spring. Ongoing inspections are necessary to determine if there is a summer brood. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails.
Pruning may be an effective prevention of an epidemic of insects and diseases.
Removing infected parts and disposing of them off site separates the pest or pathogen from the host. Examples are Pine tree tip month, Juniper twig girdler, Verticillium wilt, and some other fungal caused blights of foliage. Proper thinning of
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tree foliage, to provide light and aeration for groundcover may aid in disease prevention. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut Application of Pesticides
A. Notification: City shall be notified prior to the application of pesticides and other chemicals. THERE SHALL BE NO APPLICATION OF A PESTICIDE WITHOUT WRITTEN PERMISSION FROM THE CITY.
B. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.
C. Irrigation: Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which area is capable of receiving without excessive runoff.
Coordinate with City representative.
D. Handling of Pesticides: The Contractor shall be responsible for the safe and proper application of all chemicals. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
E. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently apply materials to the target area. Drift will be minimizing by avoiding high pressure applications and using water soluble drift agents.
F. Selection of Materials: Pesticides shall be selected from those materials which characteristically shall be used when possible to limit windblown particles. The use of adjuvant will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.
G. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City representative.
Certification of Materials: All materials shall be delivered to the site in original unopened containers. Materials shall be subject to inspection by the City representative.
H. Licenses and Permits: The contractor shall obtain necessary permits and licenses to comply with the City, County, State or Federal laws for using pest control chemicals. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code.
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1. The State of California Agricultural Code requires that ALL pesticides and/or chemicals may be used only after a written recommendation by a State of California Licensed Pest Control Advisor is obtained, with a copy forwarded to the City Public Works Department prior to chemical use. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific.
2. Application of all pesticides shall be made by or under the supervision of a person holding a valid license, permit, or certificate issued pursuant to Sections11701 and following, and Sections 14151 and following, of the California Food and Agriculture Code. Said person or company shall be registered to conduct a pest control business in the State of California and the County of Riverside during the entire term of this Agreement and any extension(s) thereof.
3. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued by the County of Riverside Agricultural Commissioner.
I. Use Reports: Contractor shall complete and furnish a pesticide application log to be submitted to the City at the monthly walk through. The log shall have the following information included:
1. The pest to be controlled
2. Method of control
3. Copies of the product labels
4. MSDS Sheets
5. A frequency schedule
6. A copy of the PCA recommendation
J. Material Use Reports: Pesticide applications shall be recorded on the maintenance schedule and coordinated with the City’s representative. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month.
K. Plant Material Replacement: The Contractor will assume responsibility and liability of use of chemical controls, and shall be responsible for the replacement of any plants, turf, and trees killed or damaged by improper chemical applications.
Herbicides
Weeds must be removed upon appearance. Selective post emergence herbicides shall be used to kill weeds without permanent injury to other plants. Do not proceed with a treatment except as recommended by a Pest Control Advisor in writing with a copy forwarded to the City‘s representative prior to treatment.
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A. All creeping grasses shall be kept out of shrubs and groundcovers.
B. The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the lawn. Before such applications are made the turf should be well established and in a vigorous growth condition. All chemicals applied will be recorded and coordinated with the City’s representative.
C. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration.
D. Grass weeds in lawns shall be controlled with selective post-emergence herbicides. Pre-emergent herbicide application shall be required to control crabgrass in all turf area. Scheduling for pre-emergence herbicide controls of weedy grass seeds shall be set forth in the FREQUENCY SCHEDULE.
E. Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor’s expense. All replacements must be made within 7 calendar days after receiving notice from the City.
F. See also WEED CONTROL and PEST CONTROL Sections above.
Insecticides/Fungicides
A. The Contractor shall be responsible for the application of the appropriate chemical.
B. The Contractor shall be responsible for the replacement of any plant, tree or turf area, at no cost to the City, if appropriate measures or actions were not taken to control and/or eradicate the problem.
C. The City shall notify the Contractor in writing if the City has knowledge of any insect, fungus or disease problems. Preventive fungicides shall be applied as necessary.
D. Insecticide and/or fungicide applications shall be recorded on the maintenance schedule and coordinated with the City’s representative. See also Application of Pesticides above.
FERTILIZER APPLICATIONS
All landscape areas shall be fertilized at rates and intervals designated in the Frequency Schedule. This includes shrubs, ground covers, and turf. Equipment and labor to apply any fertilizer shall be included in the contract. The City is to supply the fertilizer materials. Compliance with fertilization specifications will be enforced by application inspections and periodic soil analysis. See also LITTER CONTROL/DEBRIS REMOVAL Section below.
A. SHRUBS & GROUND COVERS: Contractor shall use a balanced fertilizer in shrub and ground cover areas as requested in the Frequency Schedule or as directed by the City’s Representative. The Contractor is to provide the equipment and labor to apply the fertilizer as part of this contract.
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B. TURF: Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to keep turf in healthy looking condition or as directed by the City’s representative. Fertilizer will be applied as often as required to maintain deep green color at all times. Type of turf and time of year will determine type of fertilizer used. The frequency of application will greatly depend on amount of leaching caused by excess use of water; this must be coordinated with City’s representative. The type of fertilizer used and frequency applied will be recorded. Coordinate with City’s representative.
LITTER CONTROL / DEBRIS REMOVAL
A. Daily services, seven days a week; all litter will be picked up by 10 a.m. everyday at each median location as well as along Downtown 6th Street. a. This includes all debris discarded by the public during the use of the facility.
b. Pick up all areas including areas around trash enclosures, benches, in medians/planter bed areas. Remove all trash, litter and empty all trash cans.
c. Trash should be taken and deposited hauled away by Contractor or trash must be hauled off to an approved site. Trash in trash cans throughout parks must be emptied. If cans are overflowing, contractors shall empty debris into dumpsters (this includes debris on the ground and in the can). If trash and debris is dumped next to dumpster and enclosure, contractor shall try to put it into the dumpster, if there is no room, it shall be hauled off the site.
B. The Contractor shall provide a general clean-up operation throughout the contracted area on a daily basis seven (7) days per week including holidays for the purpose of picking up papers, trash such as paper, cans, bottle, broken glass, dog droppings and any out-of-place or discarded items, hanging or broken tree branches, or other debris which may accumulate in the landscape areas, caused by winds or normal conditions. Failure to remove and dispose of debris deposited by winds or under normal conditions within twenty-four (24) hours shall result in a $200 Performance Deficiency Deduction per acre for each day Deficiency remains uncorrected beyond deadline.
C. The Contractor shall also regularly remove dried plant material, such as: fallen leaves, twigs, flowers, and seed pods, and; dried up and/or dead portions of trees, shrubs, vines, and ground cover at intervals set forth in the Frequency Schedule. Every effort shall be made to remove litter from all areas as early in the morning as possible, and no later than 10:00a.m.
D. Contractor shall remove all debris resulting from Contractor’s maintenance operations and dispose of it off-site in a legal manner, at Contractor’s sole expense. Disposal of debris shall not be allowed in any City trashcan, bin or
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City facility (corporate yard or satellite yards) nor in any park refuse container unless other arrangements have been authorized by the City. Failure to remove and dispose of debris generated by Contractor’s maintenance operations within twenty-four (24) hours shall result in a $200 Performance Deficiency Deduction per acre impacted for each day that Deficiency remains uncorrected beyond deadline.
1. No debris will be all allowed to remain at the end of the workday.
2. All surfaces will be raked or swept after litter and/or weeds are removed.
3. All grass clippings shall be picked up after each mowing or trimming operation. If mulching mowers are used, all visible clippings must be removed in accordance with this specification. Failure to remove and dispose of debris shall result in $200.00 Performance Deficiency Deduction per acre impacted for each day that Deficiency remains uncorrected beyond deadline.
4. All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. Failure to separate and dispose of debris appropriately shall result in $200.00 Performance Deficiency Deduction per occurrence.
See also GREEN WASTE Section below.
5. All walkways will be kept clean/clear or debris and plant growth. Care shall be taken not to create unnecessary hazards to foot or wheelchair traffic during maintenance operations.
6. All shrub areas not interplanted with ground cover will be raked clean a minimum of once a week or as directed by City representative.
E. Contractor’s operations shall comply with Chapter 13.16 (Stormwater Management) of the City’s Municipal Code, including but not limited to Section
13.16.120 – Compliance with General Permits, and Section 13.16.130 – Compliance with Best Management Practices (BMP’s)
1. Blowing of grass cuttings, debris, plant litter, fertilizers or other chemical granules, pellets, or dusts into public streets, gutters, or storm drain inlets is a violation of City’s NPDES Permit, and shall result in a $200.00 Performance Deficiency Deduction per site, per occurrence.
2. Contractor shall be solely responsible for payment of any fines, or costs of any cleanup or enforcement action that may result from Contractor’s failure to adhere to this specification.
F. The contractor shall provide National Pollutant Discharge Elimination System (NPDES) Permit training for Urban Runoff management to Contractor’s employees and subcontractorsif any. Failure to provide Urban Runoff management training is a violation of Order No. R7-2008-0001, NPDES No.
CAS 617002 (Municipal Separate Storm Sewer System NPDES Permit), Section f.-Public Education and Outreach viii, Permittees’ Employees, for each day of which such failure occurs, and shall in addition, be a breach of the contract with the City of Coachella (City). Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the Environmental Protection Agency, the State/Regional Water Resources
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Control Board and the City and may result in permit termination (stop work order), civil and criminal fines, and termination of contract. By submitting a proposal, the Contractor certifies to the City that he has trained his employees and subcontractors, if any, for Urban Runoff Management, and included sufficient sums in his base compensation proposal amount to cover such costs of said training.
SIDEWALK / HARDSCAPE AREA CLEANING
Contractor shall maintain and clean any accumulated sand, gravel, grass and plant clippings or debris on all sidewalk and hardscape areas within the Landscape Area boundaries. All surfaces will be raked or swept after litter and/or weeds are removed. All hardscape surfaces will be maintained clean and free of debris by powerwashing when needed. This shall be performed on a continuous basis as needed. See Frequency Schedule.
RESURFACING AND RAKING OF DECOMPOSED GRANITE (DG)
A. All work associated with the maintenance and repair of decomposed granite and gravel surfaces including: trails and planter areas.
B. Rake, clean, repair or resurface DG/gravel surfaces using manual or machine assisted methods to achieve a smooth, level and uniform surface.
C. DG/gravel areas will be uniformly covered and smooth, free of ruts, ridges, plant growth, and potholes.
DRAINAGE FACILITIES
The Contractor shall be responsible for continual inspection of surface drains, Vditches, located within the landscaped areas. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage.
Remove any debris or vegetation that might accumulate at the inlet to prevent proper flow of water. See also LITTER CONTROL/DEBRIS REMOVAL Section above.
GREEN WASTE
The Contractor shall compost all appropriate green waste removed from City landscape areas at an approved facility where green waste is converted to a usable soil amendment. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Coachella green waste. Said products shall be approved by the Public Works Director or his designee before use. The Contractor shall submit verification of recycling City of Coachella green waste as part of the Contractor’s monthly report.
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EXTRA WORK
During the course of the contract period, additional services, labor and materials, beyond those specified in the contract may be required and performed on a time and material or unit price basis. Such work will be billed according to the Extra Work pricing schedule provided as part of this contract. The Contractor may notify the City of the need for Extra Work and/or the City may request Extra Work. The City will issue a Work Request form upon which the Contractor will provide estimated labor, material and/or unit price costs. The Contractor must have a signed work order from the Public Works Director or his designee before beginning work.
The Contractor shall provide twenty-four- (24) hour emergency service, with prompt correction or mitigation of emergency damage when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one (1) hour. Failure to do so may result in monetary deductions from the monthly billing.
Response to emergency service shall be paid at a rate of $25.00 per hour. Work should be limited to the level required to mitigate an emergency and further repairs shall be completed during normal working hours. Extra work will be a separate item from normal contractual duties. The Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with or delay these duties.
1. In the event the Contractor is required by the City and agrees to perform extra work, the following procedure shall govern such work:
A. Work will be executed under the direction of the Contractor’s maintenance supervisor on a time and materials basis or an agreed lump sum price depending on the nature of the work.
B. When required by the City Representative, a written estimate of cost will be submitted for approval and issuance of a purchase order prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of said extra work from cost of other operations. The Contractor shall furnish reports of extra work on forms furnished by the contractor, itemizing all costs for labor, materials, and equipment. The report shall include hours worked. The following procedure will govern such extra work:
C. City will issue work request for such extra work to be preformed.
D. Extra work may include, but is not limited to, the following:
a. Changing Light Fixtures
b. Changing light bulbs
c. Installing hardware
E. Repairs due to vandalism
F. Material cost shall be actual cost not to exceed 15% for the handling of materials purchased by the Contractor and used for the extra work.
Extra work must be approved by the City Representative in writing.
GUARANTEE AND / OR REPLACEMENT POLICY
All new plant material and irrigation installation shall be guaranteed for a period of one calendar year except due to “Acts of God, “i.e., damage or death of plant material due
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to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor’s negligence.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Initial Term: July 23, 2023 – July 22, 2025
Please see attached detail schedule of services.
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EXHIBIT “C”
COMPENSATION
Total Per Month = $12,700
Total Annually = $152,400
Total not-to-exceed for Two Year Term
o $381,000.00 (Two Year Term plus 25% contingency)
Any additional work requested will be as provided by the Contractor in the response to the RFP for Project 031623.
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STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award maintenance services agreement to Vintage Landscape for Landscape Maintenance Services for City Medians and Downtown 6th Street Project No. 031623B.
STAFF RECOMMENDATION:
Award maintenance services agreement to Vintage Associates Inc. for Landscape Maintenance Services for City Medians and Downtown 6th Street Project No. 031623B.
EXECUTIVE SUMMARY:
The City published a Request for Proposals (“RFP”) for Landscape Maintenance Services for City Medians and Downtown 6th Street. This RFP closed on April 24, 2023 and the City received two responses. The locations included in the RFP includes 6 th Street from Cesar Chavez to Grapefruit
Blvd.(including City Hall) and medians/parkways located along: Dillon Road, Grapefruit Blvd., Cesar Chavez St., Avenue 50, Avenue 54.
As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a three-member panel.
Each panelist member scored all proposals received per the evaluation criteria established in the RFP (total points 100):
• Contractor Information (Including References) – 20 Points • Proposed Project Work Schedules – 25 Points
• Proposed Facilities, Equipment, Materials, and Staffing Schedule – 20 Points • Communications, Traffic Safety, Green waste – 5 Points • Cost Proposal – 25 Points
• Completeness, Thoroughness, Clarity, and Neatness of Proposal – 5 Points Based upon these selection criteria, the top ranked proposer selected was Vintage Associates Inc DBA Vintage Landscape. The scores and service amounts for each proposer are listed below:
Scores 1 2 3 Totals
(Max is 300)
Mariposa Landscape Inc. 80 83 78 241
Vintage Landscape 87 93 92 272
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Prices for Services 2 Yr. Term Amounts
Mariposa Landscape Inc. $ 184,536.00
Vintage Landscape $ 127,200.00
Staff recommends award of the RFP and corresponding landscape maintenance agreement in an amount not to exceed $159,000 (two-year term); the recommended award amount is the two-year contract amount of $159,800 plus a 25% contingency to allow for plant/turf replacement and overseeding as needed throughout the agreement term. The agreement, as identified in the RFP, will have a two-year term. The term for the proposed agreement is from July 23, 2023 – July 22, 2025.
FISCAL IMPACT:
The recommended action will not have a fiscal impact.
Attachments:
Proposed Agreement
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CITY OF COACHELLA
MAINTENANCE SERVICES AGREEMENT – PROJECT NO. 031623B
1. PARTIES AND DATE.
This Agreement is made and entered into this May 10, 2023 by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Vintage Associates Inc.,(DBA Vintage Landscape) a corporation, with its principal place of business at 78-755 Darby Road, Bermuda Dunes, CA 92203 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.
2.2 Project.
City desires to engage Contractor to render such services for the Landscape Maintenance Services for: City Medians and Downtown 6th Street Project No. 031623B (“Project”) as set forth in this Agreement.
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3. TERMS.
3.1 Scope of Services and Term.
3.1.1 Incorporation of Documents. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor’s Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Addenda
Response to Request for Proposal
Any other documents contained in or incorporated into the Contract
3.1.2 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 landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.3 Term. The term of this Agreement shall be from July 23, 2023 to July 22, 2025 unless earlier terminated as provided herein. 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 by one additional one-year term.
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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 Substitution of Key Personnel. Contractor 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, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event
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that City and Contractor 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 Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Kyle Gritters.
3.2.5 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 Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Contractor’s Representative. Contractor hereby designates Kyle Gritters, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. 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 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.8 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
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in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8.1 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 also 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 separately agreed upon in writing by the City and Contractor (“Performance Milestones”). Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such 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 the sum of two hundred dollars ($200.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.
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3.2.9 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.
3.2.10 Insurance.
3.2.10.1 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.
3.2.10.2 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
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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.
3.2.10.3 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,
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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.
3.2.10.4 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.
Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
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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.
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:VIII, licensed to do business in California, and satisfactory to the City.
3.2.10.7 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.
3.2.10.8 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.11 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.
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3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred fifty-nine thousand dollars and zero cents ($159,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
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, if applicable, the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If applicable the Services are being performed as part of an applicable “public works” or “maintenance” project, as
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defined by the Prevailing Wage Laws, and if applicable 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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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:
Vintage Associates Inc
78-755 Darby Road
Bermuda Dunes, CA 92203
Attn: David Smith
City:
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.5.4 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.
3.5.5 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.
3.5.6 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, Contractors, 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, 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 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior
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negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 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.
3.5.13 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.
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3.5.14 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 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.
3.5.19 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,
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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.
3.5.20 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.
3.5.21 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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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CITY OF COACHELLA VINTAGE ASSOCIATES INC DBA VINTAGE
LANDSCAPE
By: By:
Dr. Gabriel D. Martin Kyle Gritters
City Manager President
Attest: Attest:
City Clerk
Approved as to form:
_________________________
Best, Best & Krieger
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EXHIBIT “A”
SCOPE OF SERVICES
These Specific Terms and Conditions (hereinafter referred to as “specifications”) establish the City of Coachella’s standards for the maintenance of the landscaped areas listed in Contract Agreement Exhibit “A”. Please note level of service required for this contract is Level of Service A as these areas are high visibility areas.
1. Scope of Work
a. The intent of the Agreement is to secure a Contractor which shall provide Landscape Maintenance Services.
b. Contractors shall furnish all labor, tools, materials and equipment, except where otherwise specified, to provide landscape maintenance services as set forth in this Agreement.
c. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Director of Public Works, or his/her authorized agent, and comply with all legal construction and landscape maintenance practices.
The premises shall be maintained at the level of service provided for in these specifications at all times.
d. Contractors shall have the duty to provide landscape maintenance of City Parks and Office Facilities work sites according to each site schedule including, but not limited to, the following:
i. Prune, shape and trim shrubs, vines and ground cover plants. ii. Control weeds.
iii. Mow and edge turf grass and blow hardscape clean.
iv. Maintain plant material in a healthy condition with horticultural acceptable growth and color.
v. Perform general area clean-up, including the removal of leaves, trash, dog feces and other debris at each site.
vi. Maintain all work sites in a safe, attractive and usable condition. vii. Empty trash cans and remove letter at each site.
viii.Contractors shall contact the assigned City Representative or designee on a daily basis to discuss the contractor work schedule for the day, existing problems, or other important information. ix. Contractors shall perform a maintenance inspection, during daylight hours, of all areas.
x. Contractors shall attend a mandatory inspectors’ meeting each week in order to receive important information and resolve any problems. xi. Contractor shall complete and submit a monthly Site Inspection form per each site.
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xiii. Contractor shall recycle green waste generated from their contract performance and submit a monthly report identifying the weight and /or volume of green waste recycled.
xiv. Contractors shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. (Emergencies that involve maintenance work included in these general conditions shall not be compensated).
Failure to provide the manpower, equipment, tools, materials, services, and special skills necessary to accomplish above Scope of Work to the standard established by these specifications may result in a Performance Deficiency Deduction and/or a reduction in payment.
CONTRACTOR’S LICENSE REQUIREMENTS
City of Coachella Business license (current)
C-27 Landscape Contractors License (current and active) State of California Pesticide License QAL for chemical applications category B (current and active)
State of California Pest Control Business License (current) County of Riverside Pesticide Business License Registration (current)
MANDATORY INITIAL INSPECTION & ACCEPTANCE OF
DESIGNATED LANDSCAPE AREAS
The Public Works Director (or Director’s designee) and the Contractor shall conduct an inspection of the designated landscape areas covered under this ContractAgreement as soon as practicable after its execution, and prior to commencement of Contractor's operations. The purpose is to allow the Contractor and the City representative to observe and note any deficiencies or potential problems with landscape area plant materials, decomposed granite/gravel areas, or designated hardscape surfaces and structures.
A. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract.
B. The Public Works Director or his designee and the Contractor will perform an operational irrigation inspection.
Any corrective items that are observed during the initial inspection, and acknowledged by both parties, may be resolved with the current Contractor or with the successful Contractor on a "one time only" extra work basis. After a specified time frame for corrections the landscape area plant materials, and designated
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hardscape surfaces and structures will be turned over to the Contractor for contract maintenance. Thereafter, failure to maintain designated landscape areas up to this established standard shall result in the City deducting payment of all or part of the Contractor's compensation, as noted in pertinent sections of these General Terms & Conditions, as well as in the Special Terms & Conditions.
CONTRACTOR’S WORK SCHEDULES
It is the intent to schedule maintenance in a manner that keeps the designated landscape areas in a state of healthy, vigorous growth.
The Contractor shall submit a Maintenance Schedule provided to the City scheduling the Maintenance Operations, including but not limited to the tasks identified in the below chart. The suggested regularity with which these tasks are to be scheduled are as recommended below or as needed per the direction of the City Representative, whichever achieves the desired service level.
Bi
Daily Weekly Weekly Monthly Quarterly Annually
Mowing and Edging
1x &/or
2x
Litter Removal X
Weed Control X
Minor Tree Pruning X
Ground Cover Edge/Trim X
Shrub Trimming X
DG Raking X
Irrigation Maintenance x
Parkway Area Main. X
Overseeding
(triple blend) 2x
Fertilization Application X
Herbicide Application
Pest Control X
Hardscape Surfaces X
The Contractor shall submit immediately upon issuance of notice to proceed a work schedule for each designated landscape area, which will include as minimum the following:
A. Crew Size to be determined for the life of the contract B. Time and Date for each activity specifying when each work will be completed
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At the Mandatory Initial Inspection meeting, the Contractor will present a temporary or base line schedule of work for the upcoming year. It is preferred that a computerscheduling program compatible with City software be used to generate this schedule.
At 30 days from start of contract, a permanent schedule will be given to the City, hereinafter referred to as the FREQUENCY SCHEDULE. Failure to provide this schedule to the City in the appropriate time shall result in termination of the contract; failure to adhere to the Frequency Schedule shall result in PERFORMANCE DEFICIENCY DEDUCTIONS.
Monthly Walk-Through and Reports
The Contractor, as part of this agreement, will submit a monthly report with invoice.
Failure to submit reports and schedules in the time specified shall result in a $200 Performance Deficiency Deduction per occurrence, delay in payment, and/or termination of the contract. The Contractor may submit the monthly report and schedule using a computer based program or, the Contractor may submit the report and schedule in writing. It is preferred that a computer-scheduling program compatible with City software be used to generate this schedule. The following information must be included on the monthly schedule:
A. Schedule of maintenance: At the end of each month, the Contractor’s representative and the City representative shall have a walk through of the Parks. The walk-through will focus on but not be limited to: work just completed, seasonal maintenance tasks, the Frequency Schedule and its pertinent tasks, as well as any Extra Work needed. This will generate a punch list from which the contractor will develop the next month’s schedule.
1. Contractor shall provide a schedule of maintenance at the start of each month identifying areas to be maintained and a time frame of when each function shall be performed. This schedule should include the Frequency Schedule as it pertains to the maintenance for that month.
2. Monthly schedules shall be adjusted to compensate for all City-recognized holidays.
3. Monthly schedules shall be adjusted as directed by the City representative.
B. The Public Works Department or city staff may request to be part of the WalkThrough or at any time the City deems it necessary.
1. The City will assume that the Contractor will adhere to the schedule. The City must receive notification of changes at least 12 hours in advance of the scheduled time for performance of the work.
2. Failure to notify the City of a schedule change and/or failure to perform an item of work on the scheduled day may result in a payment adjustment to reflect only the work actually accomplished.
3. A monthly report, including an irrigation inspection report, based upon the schedule outlined in the Frequency Schedule and will be turned in at the monthly walk through meeting. Failure to submit this report at the time of
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the monthly walk through meeting may result in a $200 Performance Deficiency Deduction per occurrence.
A. A monthly report, based upon the approved monthly schedule, and green waste recycling reports, will be turned in at the monthly walk through meeting. Failure to submit this report at the time of the monthly walk through meeting may result in a $200 Performance Deficiency Deduction per occurrence.
SAFETY
Contractor shall conduct all operations performed under this Agreement in a manner that complies with all applicable federal, state, and local safety laws, rules, orders, and regulations, including but not limited to those set forth in the contract’s General Terms and Conditions, as well as those set forth in these specifications.
REPORTING DAMANGE/MALFUNCTION/VANDALISM
Any damage to, or malfunction of, any irrigation systems, any facility not specifically stated in this Agreement shall be promptly reported to the Director. Contractors shall be responsible for reporting any vandalism/theft of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractors.
STORAGE FACILITIES
The City of Coachella shall not provide any storage facilities for the Contractors.
PLANT MAINTENANCE
A. All plant material shall be maintained as needed to prevent obstruction as well as possible safety concerns to vehicles, pedestrians and/or the general public.
Shrubs shall be maintained to create adequate line-of-sight vision for vehicles where applicable. All vegetation shall be maintained in such a manner as to eliminate over growth beyond its designated parameter and/or encroachment onto sidewalks or curbs. Keep plants located adjacent to sidewalks at a maximum height of three (3) feet and pruned back one (1) foot from edge of sidewalk.
B. Dead material shall be pruned from plants as they occur. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one week, unless otherwise directed by the City and/or contract.
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C. Plant material is to be pruned in a manner that is described as a two-step, naturalistic pruning procedure. The City may, at its own discretion, alter time lines or techniques, as the City deems necessary.
D. The Contractor shall be responsible for replacing dead plant material, at no cost to the City, that dies 30 days from commencement of the contract and throughout the term of this contract due to neglect, lack of maintenance or improper care.
E. It is the Contractor's responsibility to identify unacceptable plant material before inception of the contract. This will be accomplished during the mandatory acceptance walk through with the City representative(s) and the Contractor.
TREE MAINTENANCE
A. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be eight feet and vehicular clearance fourteen feet from grade. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear.
B. The Contractor is only responsible for trees under fifteen feet in height for safety and sucker control only. Palm Trees under fifteen (15) feet in height are the responsibility of the contractor. All other tree pruning will be performed under a separate contract, including palm trees. Dead palm fronds and seedpods however, shall be removed from trees less than 15 feet as they appear.
C. In order to promote proper form, strength, health, and appearance consistent with their intended use, any tree pruning done at the request of the City shall be consistent with: the current and applicable International Society of Arboriculture (ISA) guidelines; American National Standards Institute (ANSI) standards, including but not limited to ANSI 300 (most current revision) and ANSI Z133 (most current revision); Chapters 12.24 (Street Trees) and 12.28 (Palm Trees) of Title 12 of the City of Coachella’s Municipal Code.
D. NO TOPPING OF TREES WILL BE ALLOWED.
E. The Contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the City. Broken stakes are to be removed and if appropriate, replaced. Contractor shall replace tree stakes within twenty-four (24) hours of receiving a corrective action notification from the City; failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per site for each day Deficiency remains uncorrected beyond deadline. Stakes should not remain on the trees longer than 6 months. If the tree cannot stand upright once stakes are removed, the City will then determine whether or not to replace the tree.
F. The Contractor shall remove their debris from pruning and tree maintenance
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the same working day as accumulated. See also LITTER
CONTROL/DEBRIS REMOVAL Section below.
G. The Contractor shall be held responsible for any damages done to trees due to poor management procedures. The Contractor shall replace trees, at no cost to the City, that die 30 days after acceptance of the contract due to neglect, lack of maintenance, infestation or improper care. This does not include those trees identified on the mandatory walk with the City and the Contractor.
H. Any trees broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be pruned and/or removed within 24 hours of notification and may be considered an Extra Work to the Contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an Extra Work item.
I. An 18” radius tree well will be maintained around the trunks of trees growing in turf or ground cover areas. Shrubs and/or shrub canopies shall not be permitted to encroach within 12” of tree trunks or root crowns. No weed eater shall be used around trees.
SHRUB MAINTENANCE
A. Pruning
1. Shrubs shall be pruned as required for safety, removal of broken and diseased branches, general containment, and appearance.
2. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain their size with respect to species, size of planters and the best health of the plant and/or as described in the Frequency Schedule; coordinate with City representative.
3. Pruning shall be done with sharp pruning tools and no weed eaters.
4. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use. Coordinate with City representative.
5. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.
6. All pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.
7. Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air movement through the shrub.
8. Care shall be taken to prevent soil build-up around the crown of shrubs.
9. Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.
10.Remove any spent blossoms or dead flower stalks as required to present a neat appearance.
11.Shrubs and mounding shall not exceed 2 feet in height within areas required
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for vehicle sight distance depending upon roadway topography.
B. Shrubbery Replacement
The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor’s faulty maintenance or negligence, as determined by the City representative.
C. Pruning Schedule
Shrubs shall be pruned and trimmed as needed or as requested by the City’s representative. Shrubs shall be pruned and trimmed using sound horticultural techniques. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same. In addition, all shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property and to remove dead, damaged or diseased plant material.
D. Fertilization
SEE FERTILIZER APPLICATIONS Section below.
E. Cultivation
Contractor shall cultivate around shrub and tree areas and tree wells sufficiently and often enough to control weed growth and maintain existing irrigation and drainage ditches.
F. Irrigation (Deep Soaking)
See WATER MANAGEMENT Section below.
TURF GRASS MAINTENANCE
A. General
1. Turf Grass Mowing:
a. Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
b. The blade adjustment shall provide a uniform, level cut without ridges, depressions or scalping.
c. All turf grasses to be cut at a two and one-half (2 1/2) inch height throughout the year.
d. Turf grass mowing heights may be adjusted by the Public Works Director. e. All turf grass clippings shall be picked up and removed to a legal dumping site prior to vacating the work site after each mowing. f. Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.
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a. Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance. This mowing schedule shall be approved by the Public Works Director.
b. All areas shall be mowed once every week. Failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per acre, per occurrence.
c. Any alteration of the approved mowing schedule shall be submitted in writing to the Public Works Director for approval prior to implementation.
2. Turf Grass Edging and Trimming:
a. Turf grass edging and trimming shall be performed once every week.
Failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per field/site, per occurrence. b. Edging of turf grass shall be performed with a power edger containing a steel blade.
c. All turf adjacent to sidewalks, curbs, mowing strips, shrub beds, where no improved surface exists, shall be edged in a neat uniform line. d. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees shrubs, or any structures located within the turf grass area.
e. In areas where there is no mow curb, a six (6) inch barren strip shall be provided, and maintained, between turf grass and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
f. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
g. All clippings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site. h. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean.
i. See FERTILIZER APPLICATIONS Section below.
3. Overseeding:
a. Contractor shall be responsible for scalp and seed for winter, and seed for summer. Contractor shall comply with Section 5.05.010 of the City Coachella’s Municipal Code. Coordinate with City representative; City to provide seed.
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GROUND COVER MAINTENANCE
A. General
1. Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance, with neat uniform lines.
2. Remove broad-leafed and grass weeds as required. Weeds shall be controlled and not allowed to reach two-inch (2”) height. Remove weeds by chemical or mechanical means as approved by City representative. See also WEED CONTROL, PEST CONTROL, and HERBICIDES Sections below.
3. Prevent soil compaction by cultivating regularly all ground cover areas.
4. Remove debris that accumulates on ground fixed lighting fixtures.
5. Any paper or litter that accumulates in ground cover areas shall be picked up on a daily basis. See also LITTER CONTROL/DEBRIS REMOVAL Section below.
6. Keep ground cover trimmed back from all drip line irrigations, controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground cover to grow up the trunk of trees, into shrubs, on structures or walls unless directed by the City representative. Keep trimmed back approximately 4 inches from structure or walls and two (2) inches from sidewalks, curbs, mow curbs, and walkways. Coordinate trimming around base of shrubs/trees with City representative.
7. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.
8. Bare soil area shall be cultivated a minimum of once per month and/or mulched as directed by the City representative (mulch will be supplied or paid for by the City).
9. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.
10.After edging or trimming, the Contractors shall sweep clean all adjacent sidewalks or gutters.
11.See FERTILIZER APPLICATIONS Section below.
WEED CONTROL
A. Planters, gravel areas, sidewalks, curb and gutters, expansion joints, fence lines, drainage areas, bare areas, and around plants and trees shall be kept free of grass and weeds. This will be done on an as-needed basis.
B. The Contractor shall perform weed removal and shall identify in their schedules approximate time frames for performing this function. Failure to adhere to this specification shall result in a $200 Performance Deficiency Deduction per site for each day Deficiency remains uncorrected. Acceptable methods of control are:
Annual weeds, mechanical and/or chemical methods. Perennial weeds such as Bermuda grass, nutsedge (species), bindweed, pennisetum grass shall be controlled with chemical means only.
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C. After weeds have been sprayed and removed, the Contractor shall rake or sweep the area removing any debris generated as a result of the weed control process.
D. Chemical herbicide control is the responsibility of the Contractor. The Frequency Schedule outlines the minimum herbicide controls. If weed control has not been maintained as specified, the City may require additional herbicide applications at no additional cost to the City. Preventative weed control, such as pre-emergent herbicides and post-emergent herbicides is the responsibility of the Contractor. See also PEST CONTROL and HERBICIDES Sections below.
PEST CONTROL
General
The Contractor shall provide complete and continuous control and/or eradication of all plant pests at no extra cost, including: weeds; insects, mites, nematodes, and other invertebrates; gophers, squirrels, rats, mice, and other vertebrates; snails and slugs; pathogens and diseases.
Controls to include necessary use of integrated pest control systems involving the use of life history information and extensive monitoring. Control through prevention, cultural practices, pesticide applications, exclusion, natural enemies and host resistance.
The only exception to this is with regards to bees. The contractor will be responsible for reporting to the City any bee activity (swarms or hives) immediately.
All areas of the landscape shall be inspected for infestations of harmful pests. Leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted should be noted. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.
At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated; start preventative cultural methods before a pest is visible. Inspect new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees.
Control adult beetles before they lay eggs on bark in the spring. Ongoing inspections are necessary to determine if there is a summer brood. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails.
Pruning may be an effective prevention of an epidemic of insects and diseases.
Removing infected parts and disposing of them off site separates the pest or pathogen from the host. Examples are Pine tree tip month, Juniper twig girdler, Verticillium wilt, and some other fungal caused blights of foliage. Proper thinning of
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tree foliage, to provide light and aeration for groundcover may aid in disease prevention. Use care when pruning not to spread disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut Application of Pesticides
A. Notification: City shall be notified prior to the application of pesticides and other chemicals. THERE SHALL BE NO APPLICATION OF A PESTICIDE WITHOUT WRITTEN PERMISSION FROM THE CITY.
B. Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.
C. Irrigation: Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which area is capable of receiving without excessive runoff.
Coordinate with City representative.
D. Handling of Pesticides: The Contractor shall be responsible for the safe and proper application of all chemicals. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
E. Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently apply materials to the target area. Drift will be minimizing by avoiding high pressure applications and using water soluble drift agents.
F. Selection of Materials: Pesticides shall be selected from those materials which characteristically shall be used when possible to limit windblown particles. The use of adjuvant will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.
G. Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City representative.
Certification of Materials: All materials shall be delivered to the site in original unopened containers. Materials shall be subject to inspection by the City representative.
H. Licenses and Permits: The contractor shall obtain necessary permits and licenses to comply with the City, County, State or Federal laws for using pest control chemicals. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code.
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1. The State of California Agricultural Code requires that ALL pesticides and/or chemicals may be used only after a written recommendation by a State of California Licensed Pest Control Advisor is obtained, with a copy forwarded to the City Public Works Department prior to chemical use. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific.
2. Application of all pesticides shall be made by or under the supervision of a person holding a valid license, permit, or certificate issued pursuant to Sections11701 and following, and Sections 14151 and following, of the California Food and Agriculture Code. Said person or company shall be registered to conduct a pest control business in the State of California and the County of Riverside during the entire term of this Agreement and any extension(s) thereof.
3. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued by the County of Riverside Agricultural Commissioner.
I. Use Reports: Contractor shall complete and furnish a pesticide application log to be submitted to the City at the monthly walk through. The log shall have the following information included:
1. The pest to be controlled
2. Method of control
3. Copies of the product labels
4. MSDS Sheets
5. A frequency schedule
6. A copy of the PCA recommendation
J. Material Use Reports: Pesticide applications shall be recorded on the maintenance schedule and coordinated with the City’s representative. Material use reports for all pesticides shall be filed with the City no later than the 10th of every month for the preceding month.
K. Plant Material Replacement: The Contractor will assume responsibility and liability of use of chemical controls, and shall be responsible for the replacement of any plants, turf, and trees killed or damaged by improper chemical applications.
Herbicides
Weeds must be removed upon appearance. Selective post emergence herbicides shall be used to kill weeds without permanent injury to other plants. Do not proceed with a treatment except as recommended by a Pest Control Advisor in writing with a copy forwarded to the City‘s representative prior to treatment.
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A. All creeping grasses shall be kept out of shrubs and groundcovers.
B. The Contractor shall be especially careful if applying chemicals to control weeds because of possible damage to the lawn. Before such applications are made the turf should be well established and in a vigorous growth condition. All chemicals applied will be recorded and coordinated with the City’s representative.
C. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration.
D. Grass weeds in lawns shall be controlled with selective post-emergence herbicides. Pre-emergent herbicide application shall be required to control crabgrass in all turf area. Scheduling for pre-emergence herbicide controls of weedy grass seeds shall be set forth in the FREQUENCY SCHEDULE.
E. Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor’s expense. All replacements must be made within 7 calendar days after receiving notice from the City.
F. See also WEED CONTROL and PEST CONTROL Sections above.
Insecticides/Fungicides
A. The Contractor shall be responsible for the application of the appropriate chemical.
B. The Contractor shall be responsible for the replacement of any plant, tree or turf area, at no cost to the City, if appropriate measures or actions were not taken to control and/or eradicate the problem.
C. The City shall notify the Contractor in writing if the City has knowledge of any insect, fungus or disease problems. Preventive fungicides shall be applied as necessary.
D. Insecticide and/or fungicide applications shall be recorded on the maintenance schedule and coordinated with the City’s representative. See also Application of Pesticides above.
FERTILIZER APPLICATIONS
All landscape areas shall be fertilized at rates and intervals designated in the Frequency Schedule. This includes shrubs, ground covers, and turf. Equipment and labor to apply any fertilizer shall be included in the contract. The City is to supply the fertilizer materials. Compliance with fertilization specifications will be enforced by application inspections and periodic soil analysis. See also LITTER CONTROL/DEBRIS REMOVAL Section below.
A. SHRUBS & GROUND COVERS: Contractor shall use a balanced fertilizer in shrub and ground cover areas as requested in the Frequency Schedule or as directed by the City’s Representative. The Contractor is to provide the equipment and labor to apply the fertilizer as part of this contract.
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B. TURF: Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to keep turf in healthy looking condition or as directed by the City’s representative. Fertilizer will be applied as often as required to maintain deep green color at all times. Type of turf and time of year will determine type of fertilizer used. The frequency of application will greatly depend on amount of leaching caused by excess use of water; this must be coordinated with City’s representative. The type of fertilizer used and frequency applied will be recorded. Coordinate with City’s representative.
LITTER CONTROL / DEBRIS REMOVAL
A. Daily services, seven days a week; all litter will be picked up by 10 a.m. everyday at each median location as well as along Downtown 6th Street. a. This includes all debris discarded by the public during the use of the facility.
b. Pick up all areas including areas around trash enclosures, benches, in medians/planter bed areas. Remove all trash, litter and empty all trash cans.
c. Trash should be taken and deposited hauled away by Contractor or trash must be hauled off to an approved site. Trash in trash cans throughout parks must be emptied. If cans are overflowing, contractors shall empty debris into dumpsters (this includes debris on the ground and in the can). If trash and debris is dumped next to dumpster and enclosure, contractor shall try to put it into the dumpster, if there is no room, it shall be hauled off the site.
B. The Contractor shall provide a general clean-up operation throughout the contracted area on a daily basis seven (7) days per week including holidays for the purpose of picking up papers, trash such as paper, cans, bottle, broken glass, dog droppings and any out-of-place or discarded items, hanging or broken tree branches, or other debris which may accumulate in the landscape areas, caused by winds or normal conditions. Failure to remove and dispose of debris deposited by winds or under normal conditions within twenty-four (24) hours shall result in a $200 Performance Deficiency Deduction per acre for each day Deficiency remains uncorrected beyond deadline.
C. The Contractor shall also regularly remove dried plant material, such as: fallen leaves, twigs, flowers, and seed pods, and; dried up and/or dead portions of trees, shrubs, vines, and ground cover at intervals set forth in the Frequency Schedule. Every effort shall be made to remove litter from all areas as early in the morning as possible, and no later than 10:00a.m.
D. Contractor shall remove all debris resulting from Contractor’s maintenance operations and dispose of it off-site in a legal manner, at Contractor’s sole expense. Disposal of debris shall not be allowed in any City trashcan, bin or
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City facility (corporate yard or satellite yards) nor in any park refuse container unless other arrangements have been authorized by the City. Failure to remove and dispose of debris generated by Contractor’s maintenance operations within twenty-four (24) hours shall result in a $200 Performance Deficiency Deduction per acre impacted for each day that Deficiency remains uncorrected beyond deadline.
1. No debris will be all allowed to remain at the end of the workday.
2. All surfaces will be raked or swept after litter and/or weeds are removed.
3. All grass clippings shall be picked up after each mowing or trimming operation. If mulching mowers are used, all visible clippings must be removed in accordance with this specification. Failure to remove and dispose of debris shall result in $200.00 Performance Deficiency Deduction per acre impacted for each day that Deficiency remains uncorrected beyond deadline.
4. All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. Failure to separate and dispose of debris appropriately shall result in $200.00 Performance Deficiency Deduction per occurrence.
See also GREEN WASTE Section below.
5. All walkways will be kept clean/clear or debris and plant growth. Care shall be taken not to create unnecessary hazards to foot or wheelchair traffic during maintenance operations.
6. All shrub areas not interplanted with ground cover will be raked clean a minimum of once a week or as directed by City representative.
E. Contractor’s operations shall comply with Chapter 13.16 (Stormwater Management) of the City’s Municipal Code, including but not limited to Section
13.16.120 – Compliance with General Permits, and Section 13.16.130 – Compliance with Best Management Practices (BMP’s)
1. Blowing of grass cuttings, debris, plant litter, fertilizers or other chemical granules, pellets, or dusts into public streets, gutters, or storm drain inlets is a violation of City’s NPDES Permit, and shall result in a $200.00 Performance Deficiency Deduction per site, per occurrence.
2. Contractor shall be solely responsible for payment of any fines, or costs of any cleanup or enforcement action that may result from Contractor’s failure to adhere to this specification.
F. The contractor shall provide National Pollutant Discharge Elimination System (NPDES) Permit training for Urban Runoff management to Contractor’s employees and subcontractorsif any. Failure to provide Urban Runoff management training is a violation of Order No. R7-2008-0001, NPDES No.
CAS 617002 (Municipal Separate Storm Sewer System NPDES Permit), Section f.-Public Education and Outreach viii, Permittees’ Employees, for each day of which such failure occurs, and shall in addition, be a breach of the contract with the City of Coachella (City). Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the Environmental Protection Agency, the State/Regional Water Resources
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Control Board and the City and may result in permit termination (stop work order), civil and criminal fines, and termination of contract. By submitting a proposal, the Contractor certifies to the City that he has trained his employees and subcontractors, if any, for Urban Runoff Management, and included sufficient sums in his base compensation proposal amount to cover such costs of said training.
SIDEWALK / HARDSCAPE AREA CLEANING
Contractor shall maintain and clean any accumulated sand, gravel, grass and plant clippings or debris on all sidewalk and hardscape areas within the Landscape Area boundaries. All surfaces will be raked or swept after litter and/or weeds are removed.
All hardscape surfaces will be maintained clean and free of debris by powerwashing when needed. This shall be performed on a continuous basis as needed. See Frequency Schedule.
RESURFACING AND RAKING OF DECOMPOSED GRANITE (DG)
A. All work associated with the maintenance and repair of decomposed granite and gravel surfaces including: trails and planter areas.
B. Rake, clean, repair or resurface DG/gravel surfaces using manual or machine assisted methods to achieve a smooth, level and uniform surface.
C. DG/gravel areas will be uniformly covered and smooth, free of ruts, ridges, plant growth, and potholes.
DRAINAGE FACILITIES
The Contractor shall be responsible for continual inspection of surface drains, Vditches, located within the landscaped areas. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage.
Remove any debris or vegetation that might accumulate at the inlet to prevent proper flow of water. See also LITTER CONTROL/DEBRIS REMOVAL Section above.
IRRIGATION MAINTENANCE
The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate that closely matches the demands of plants with little or no runoff. Plan health, roadway safety and water conservation are the primary reasons for proper irrigation maintenance. Contractor shall maintain strict adherence to specification requirements. The format for inspection and repairs are as follows:
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A. The entire irrigation system, including all components beginning at the meter shall be maintained in an operational state at all times. This coverage shall include, but not be limited to: all City-owned valves, backflow devices, piping, electrical wiring, heads, emitters, filters, and pumps.
B. All irrigation systems shall be tested based upon the following schedule:
October 1 to March 31 – every two weeks, and weekly from April 1 to September 30. Contractor shall include irrigation testing in the monthly and yearly schedule. All irrigation checks will include irrigation controller operation.
C. All systems shall be kept in adjustment to ensure proper coverage, and prevention of excessive run-off or erosion. Adjustments shall include, but not be limited to: actual head adjustment, cleaning and flushing of lines, heads, tubing repairs, and filter screens as well as obstructions within these components. Costs for adjustments shall be included in the contractual costs for operation and maintenance of the irrigation system.
D. All damage resulting from the Contractor’s maintenance operations including but not limited to: Contractor’s failure to properly maintain the system, shall be repaired or replaced prior to the end of the work day or as directed by Public Works Director or his/her designee at the Contractor’s expense.
E. Repairs to the irrigation system shall be divided into two categories:
i. diameter, all lateral lines regardless of size, risers, exposed electrical connections, washers, seals, adjusting pins, and repair or replacement of emitters or sprinkler heads of 1/2 “ inlet size or less. The cost for minor repair labor and materials shall be included in the contractual costs for operation and maintenance of the irrigation system. In the case of minor repairs due to acts of vandalism or third parties, Contractor may charge for necessary materials at Contractor’s cost plus 15%, per SPECIFIC TERMS & CONDITIONS – EXTRA WORK, Subsection 1.E; all labor for
these repairs shall be included in the contractual costs for operation and maintenance of the irrigation system.
ii. Major repairs shall include all mainline pipe regardless of size, controllers, backflow and pressure regulators, mainline control wires, valves, solenoids and diaphragms, all sprinkler heads of 3/4 “ inlet size and bigger. The cost for labor and materials for major repairs shall be considered Extra Work above and beyond the contract.
F. Contractor shall make minor repairs to the irrigation system within twentyfour (24) hours of noticing, or receiving notification of, conditions in need of correction. When Contractor discovers, or is notified of major irrigation damage during normal business hours, the Contractor will submit an estimate form showing approximate material costs and not-to-exceed costs for labor. This form shall be signed by the Public Works Director or his/her designee and shall serve as written approval. Repairs to damage
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discovered or reported outside of normal business hours/days, shall be repaired within eight (8) hours of discovery/notification, and a written estimate submitted at the start of the next business day. Failure to repair irrigation systems within time frames specified above shall result in a $200 Performance Deficiency Deduction per site for each day that Deficiency remains uncorrected beyond deadline.
G.Repairs or replacements to the irrigation system shall be made with like parts. No substitutions shall be allowed without written approval of the City.
H. The City will perform routine inspections of the irrigation system to ensure accuracy of the Contractor’s inspection reports. If discrepancies are found, the City shall construe this as a performance deficiency and implement payment reduction as specified in the section pertaining to Performance Deficiencies Deductions from payment.
I. The City reserves the right to supply any and all parts for irrigation repairs.
J. The Contractor shall return irrigation parts that have been replaced due to damage or malfunction to the Public Works Director or his/her designee.
K. The Contractor is responsible for adjusting sprinkler heads and valve boxes to a level that will prevent damage by maintenance equipment or pedestrian traffic. Damage caused by improper height adjustment will be repaired by the Contractor at no cost to the City. The Contractor shall be responsible for all damage done to irrigation components as well as any plant material affected by Contractors personnel or equipment during maintenance operations.
L. The Contractor shall provide personnel fully trained in all phases of irrigation operation, adjustments and repairs for irrigation systems used in the City landscape maintenance area. The Contractor shall provide personnel capable of communicating with City representative at a proficient level of English.
M.All controller scheduling and operations are the responsibility of the Contractor, including but not limited to seasonal adjustment of run day and run time schedules.
WATER MANAGEMENT
All designated landscape areas shall at all times receive irrigation in amounts adequate to promote normal, healthy growth of plant material. Contractor shall be responsible for delivery of water by means of automatic or manually operated irrigation sprinkler systems, quick couplers, hose bibs, or water tank, as specified site and/or weather conditions require.
Water Management Requirements are as follows:
A. All systems shall be adjusted weekly and as needed to maintain healthy plant material and water conservation.
B. All program changes shall be recorded on the irrigation schedule.
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ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
C. Contractor shall submit a report of irrigation system maintenance and management monthly for each of the landscape areas under this contract.
Said report shall be included with Contractor’s monthly maintenance report.
D. Controller program is to be sufficient to maintain a healthy landscape without excessive water use.
E. Contractor shall manually operate automatic irrigation systems rendered inoperable for any reason in an manner that supports normal, healthy growth of plant material. Costs for such extraordinary operation shall be included in the contractual costs for operation and maintenance of the irrigation system.
F. Controller programs shall incorporate the following conditions:
a. Meet City water management requirement per Municipal Code Chapter
13. b. Avoid weekend water when possible and avoid watering between 8am10pm where possible. c. Maximize repeat operations (when and where possible). d. Minimize station run times.
e. Reflect actual evapotranspiration (E.T.) requirements. f. Reflect actual requirements of soil and plants.
g. Eliminate runoff onto streets, sidewalks, and other non-target areas. h. Deep Soaking shall be defined as the application of sufficient quantities of water to maintain reasonable health vigor of plants.
Quantities of water shall be sufficient to allow for deep water penetration and encouragement of deep rooting of the plants. i. Provide sufficient time for soil to dry out between irrigations. j. Maximize community use of City property.
GREEN WASTE
The Contractor shall compost all appropriate green waste removed from City landscape areas at an approved facility where green waste is converted to a usable soil amendment. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Coachella green waste. Said products shall be approved by the Public Works Director or his designee before use. The Contractor shall submit verification of recycling City of Coachella green waste as part of the Contractor’s monthly report.
EXTRA WORK
During the course of the contract period, additional services, labor and materials, beyond those specified in the contract may be required and performed on a time and material or unit price basis. Such work will be billed according to the Extra Work pricing
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schedule provided as part of this contract. The Contractor may notify the City of the need for Extra Work and/or the City may request Extra Work. The City will issue a Work Request form upon which the Contractor will provide estimated labor, material and/or unit price costs. The Contractor must have a signed work order from the Public Works Director or his designee before beginning work.
The Contractor shall provide twenty-four- (24) hour emergency service, with prompt correction or mitigation of emergency damage when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one (1) hour. Failure to do so may result in monetary deductions from the monthly billing.
Response to emergency service shall be paid at a rate of $25.00 per hour. Work should be limited to the level required to mitigate an emergency and further repairs shall be completed during normal working hours. Extra work will be a separate item from normal contractual duties. The Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with or delay these duties.
1. In the event the Contractor is required by the City and agrees to perform extra work, the following procedure shall govern such work:
A. Work will be executed under the direction of the Contractor’s maintenance supervisor on a time and materials basis or an agreed lump sum price depending on the nature of the work.
B. When required by the City Representative, a written estimate of cost will be submitted for approval and issuance of a purchase order prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of said extra work from cost of other operations. The Contractor shall furnish reports of extra work on forms furnished by the contractor, itemizing all costs for labor, materials, and equipment. The report shall include hours worked. The following procedure will govern such extra work:
C. City will issue work request for such extra work to be preformed.
D. Extra work may include, but is not limited to, the following:
a. Changing Light Fixtures
b. Changing light bulbs
c. Installing hardware
E. Repairs due to vandalism
F. Material cost shall be actual cost not to exceed 15% for the handling of materials purchased by the Contractor and used for the extra work.
Extra work must be approved by the City Representative in writing.
GUARANTEE AND / OR REPLACEMENT POLICY
All new plant material and irrigation installation shall be guaranteed for a period of one calendar year except due to “Acts of God, “i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor’s negligence.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Initial Term: July 23, 2023 – July 22, 2025
Please see attached detail schedule of services.
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EXHIBIT “C”
COMPENSATION
Total Per Month = $5,300
Total not-to-exceed for Two Year Term
o $159,000 (Two Year Term plus 25% contingency)
Any additional work requested will be as provided by the Contractor in the response to the RFP for Project 031623B.
By Location Monthly Amount Total Annual Total Term Amount 6 th St Grapefruit to
Cesar Chavez
$2,184 $26,203 $52,406
Grapefruit Blvd
Median
$864 $10,366 $20,732
Harrison St Median $864 $3,816 $7,632
Ave 50 Median $864 $5,787 $11,574
Ave 54 Median $864 $3,816 $7,632
Grapefruit Blvd
Parkway
$864 $6,806 $13,612
Harrison St
Parkway
$864 $6,806 $13,612
Total $5,300 $63,600 $127,200
Item 11.
STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award construction agreement to Desert Concepts Construction Inc. for the Tierra Del Sol Decorative Lighting Improvements Project LL-03-021323.
STAFF RECOMMENDATION:
Award construction agreement to Desert Concepts Construction Inc. for the Tierra Del Sol Decorative Lighting Improvements Project LL-03-021323.
EXECUTIVE SUMMARY:
The City published a Request for Bids Tierra Del Sol Decorative Lighting Improvements Project LL-03-021323. This bid closed on April 20, 2023 and the City received three responses. The bid improvements will provide decorative lighting to all five entrances to the Tierra Del Sol residential community. Please see below responses received.
The lowest bidder did not meet the contractor licensing requirements identified in the bid. The lowest responsible responsive bidder was Desert Concepts Construction Inc. Staff is recommending award of the construction contract to the lowest responsive and responsible bidder, Desert Concepts Construction Inc., in the amount of $541,480.00.
FISCAL IMPACT:
The recommended action will not have a fiscal impact.
Attachments:
Proposed Agreement
Contractor Bid Amount Met all Bid Requirements
BRC Construction $440,952.00 No
Desert Concepts Construction $541,480.00 Yes
Elecnor Belco Electric Inc $940,534.00 Yes
Item 12.
CONTRACTOR AGREEMENT
This Contract for Construction (“Contract”), is made and entered into this 10 th day of May, 2023,
by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Desert Concepts Construction Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
TIERRA DEL SOL DECORATIVE ENTRANCE LIGHTING
CITY PROJECT NO. LL-03-021323
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TERM.
The term of this Agreement shall commence on the 10TH day of May 2023, and shall terminate on the 30th day of September 2023, unless terminated earlier as set forth herein.
Contractor and City agree that time is of the essence regarding the performance of this Agreement. All work called for under this Agreement will require the Contractor submit and City approve a Project Schedule for completion of work requested.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the not to exceed sum of Five Hundred Forty-One Thousand Four Hundred Eighty Dollars and No Cents ($541,480.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Proposal Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time (per approved Project Schedule). Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every
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Working Day of delay beyond the time prescribed in the Contract Documents. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Proposers
ProposalForms
ProposalAcknowledgement
ProposalSchedule
ProposalGuarantee
Designation of Subcontractors
Information Required of Proposers
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
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All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 12.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF COACHELLA
By:
Dr. Gabriel D. Martin
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DESERT CONCEPTS CONSTRUCTION INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
849837 – A, C-10, B
____________________________________
Contractor’s License Number and Classification
_1000006619___________________________________
DIR Registration Number
Item 12.
STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Adopt resolution setting a June 14, 2023 public hearing date for Municipal Solid Waste Rates for fiscal year 2023/2024.
STAFF RECOMMENDATION:
Adopt resolution setting a June 14, 2023 public hearing date for Municipal Solid Waste Rates for fiscal year 2023/2024.
BACKGROUND:
The City of Coachella entered into a franchise agreement with Burrtec Waste and Recycling Services (Burrtec) in May 2006. Since 2006, Burrtec has been the provider for all solid waste disposal services for Coachella residents and businesses. City Council approved a first amendment to this agreement on May 27, 2009, which established the solid waste charges for residential customers would be collected through the county tax roll; commercial customers continue to be billed directly by Burrtec. City Council approved a second amendment on June 19, 2013 extending the term of the agreement through May 30, 2023 and third amendment was approved on January 17, 2018. A Fouth Amendment was approved on July 27, 2022 to include organics services as required by SB 1383.
DISCUSSION/ANALYSIS:
The Burrtec Agreement allows for rate increases based on two components of the rate 1) service component and 2) disposal component. Total increase will not exceed 10% in any given year.
1. The service component is capped at 5% and based on CPI
2. The disposal component is a pass through of the tipping fee adjustments at the landfill.
The current monthly residential rate is $29.94. The proposed increase to the 2022/23 residential rate total $2.03; the new proposed residential rate is $31.97. As approved by voters on June 8, 2010, this rate is subject to a 5% Utilities Users Tax, which will bring the monthly charged rate to $33.57.
The most common commercial service is a three-yard cubic bin, with one pick up per week.
Currently, the commercial rate for this service is $171.38. Based on the same factors noted above,
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the increase for fiscal year 2023/2024 totals $9.20; the new proposed rate for fiscal year 2023/2024 is $180.58. As noted above, a 5% Utility Users Tax will be applied to this monthly service, which will bring the rate for a standard three cubic yard bin, with one pickup per week, to $189.61.
The Proposition 218 noticing process for solid waste rates through July 1, 2026 was completed and adopted on July 27, 2022. Staff is recommending approval of the attached resolution setting an public hearing date for Municipal Solid Waste Rates proposed for fiscal year 2022/2023 on Wednesday, June 14, 2023 (6pm) at City Hall.
FISCAL IMPACT:
Setting the public hearing for this item will not have a financial impact.
Attachment:
Resolution
Item 13.
Resolution No. 2020-26
RESOLUTION NO. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA,
CALIFORNIA DECLARING ITS INTENTION TO SET A PUBLIC HEARING
TO PLACE SOLID WASTE CHARGES ON THE PROPERTY TAX ROLL
FOR FISCAL YEAR 2023/2024.
WHEREAS, California Health and Safety Code Sections 5473 et seq., authorizes the City of Coachella to adopt an ordinance by two-thirds of the City Council to collect solid waste rates on the tax roll, in the same manner and at the same time as the general taxes; WHEREAS, on May 30, 2006, the City Council has entered into a service agreement with Burrtec Waste and Recycling Services, LLC for the collection and disposal of residential and commercial waste within the City of Coachella;
WHEREAS, the City Council approved an amendment to the franchise agreement with Burrtec Waste and Recycling Services, LLC on May 27, 2009 authorizing to bill the residential customers for solid waste services through the County Tax Roll instead of monthly billing; WHEREAS, July 8, 2009, the City Council of the City of Coachella, pursuant to California Health and Safety Code Sections 5473 et seq., adopted an ordinance by two-thirds vote of the City Council revising its Municipal Code to allow for the collection of such solid waste charges on the tax roll, in the same manner and at the same time as general taxes; WHEREAS, annual rates are adjusted to include any increases in the local CPI and disposal rates as set by local landfills;
WHEREAS, the Proposition 218 process was completed in July 2022 for solid waste rates through July 1, 2026;
WHEREAS, the service rates for fiscal year 2023/2024 have been included as Exhibit A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AS FOLLOWS:
1. The above recitals are true and correct.
2. Intention: The City Council herby declares its intention to provide solid waste collection services to all property owners within the City, described in Section 3 of this resolution, for Fiscal Year 2023/2024 at the rates attached to this Resolution.
3. Description of Services: The improvements include but are not limited to: trash collection, trash disposal, yard waste collection, organics collection and processing, recycle collection and processing, street sweeping and disposal, bulky item collection.
4. Public Hearing: The City Council hereby declares its intention to conduct a Public
Item 13.
Resolution No. 2020-26
Hearing concerning the fiscal year 2023/2024 solid waste collection rates.
5. Public Notice: The City shall also give newspaper notice by publishing this resolution in the local newspapers not less than ten (10) days before the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for posting of notices.
6. Public Hearing Date: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 14, 2023 at 6:00 p.m., or as soon thereafter as feasible in the Council Chambers at City Hall, 1515 Sixth Street, Coachella, CA.
7. City Clerk: The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.
8. Passage: That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolution of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Coachella held on the 10
th day of May 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
_______________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
_______________________________
Carlos L. Campos, City Attorney
Item 13.
Resolution No. 2020-26
City of Coachella
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF COACHELLA )
I, City Clerk of the City of Coachella, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2023-27 adopted by the City Council of the City of Coachella at a regular meeting therefore duly held and convened on the 10th day of May, 2023. _____________________________
City Clerk
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STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Professional Service Agreement with Michael Baker International to develop a Parcel Map for Avenue 50 Extension Condemnation Parcels, City Project ST-98.
STAFF RECOMMENDATION:
Authorize the City Manager to use on-call Professional Service Agreement with Michael Baker International in an amount of $33,140 to develop a Parcel Map for Avenue 50 Extension Condemnation Parcels, City Project ST-98.
BACKGROUND:
Staff published a request for qualifications for on-call engineering services and received 21 responses. On January 25, 2023 the City Council authorized the City Manager to qualify and execute Professional Service Agreements for on-call engineering services with eight (8) firms, including Michael Baker. The qualified firms were evaluated and Michael Baker was selected based on familiarity with project and experience with parcel maps.
DISCUSSION/ANALYSIS:
The Avenue 50 Extension project proposes to widen and improve Avenue 50 from Fillmore Street to the I-10. The project is designed to build an elevated road and bridge structure over the Coachella Canal. During the design process, right-of-way acquisition was identified for the project.
The required right-of-way has been acquired and a parcel map is needed to document the land transfers and monument the new right-of-way. The deliverables from Michael Baker include a boundary survey, a final parcel map and to provide street and boundary monuments.
FISCAL IMPACT:
No fiscal impact to FY 22/23 budget. Funds have been budgeted for on-call professional services and costs are within budget.
ATTACHMENTS:
1. Michael Baker Fee Proposal
2. Michael Baker PSA
Item 14.
PARCEL MAP – Avenue 50
Condemnation Parcels
April 17, 2023
Mr. Andrew Simmons, P.E.
City Engineer, City of Coachella
53990 Enterprise Way
Coachella, CA 92236
RE: Parcel Map for Avenue 50 Extension Condemnation Parcels Dear Mr. Simmons,
Michael Baker International, Inc. (Michael Baker) appreciates the opportunity to provide the City of Coachella, CA (the City) a scope and fee proposal to perform a boundary survey, prepare a Parcel Map and set final monuments for the parcels obtained through condemnation proceedings.
Thank you again for the opportunity to offer our expertise and assist you with this project. Please contact me should you have any questions.
Sincerely,
MICHAEL BAKER INTERNATIONAL, INC.
Christopher Alberts, PLS
Vice President & Office Executive
Primary Contact Information
Firm Name:
Michael Baker International
Address:
75410 Gerald Ford Drive
Suite 100
Palm Desert, CA 92211
Contacts:
Christopher Alberts, PLS
Phone:
760-346-7481
Email:
[email protected]
Item 14.
Table of Contents
SCOPE OF WORK ........................................................................................ 3 TASK 1: BOUNDARY SURVEY............................................................................................................................................... 3 TASK 2 : PARCEL MAP ......................................................................................................................................................... 3 TASK 3: FINAL MONUMENTS .............................................................................................................................................. 3 FEE PROPOSAL ........................................................................................... 4
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SCOPE OF WORK
TASK 1: BOUNDARY SURVEY
Michael Baker shall complete a field survey to locate, measure and describe sufficient controlling evidence to determine the boundary of the parcels.
Michael Baker shall perform an analysis of the field survey data and record data obtained through research and determine a final boundary. This final boundary will be used in the preparation of a final map in a subsequent task.
The City shall provide Michael Baker with an up-to-date and complete title report, including a copy of each exception document referenced in the title report, covering the subject property.
The fee for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists, in Michael Baker’s opinion, in the immediate project vicinity to control this boundary survey. If Michael Baker determines that the existing monumentation is inadequate, Michael Baker reserves the right to stop work on the project until additional scope and budget are executed in a separate agreement.
TASK 2: PARCEL MAP
Michael Baker shall prepare one Final Parcel Map containing this lot layout:
• Lot A – Recorded Roadway, Avenue 50
• Lots 1 and 2 – Existing Slope Easements
• The remnant parcels north and south of the Roadway shall be shown as Not A Part (N.A.P.) of the Parcel Map.
The Final Parcel Map shall indicate all lots and/or easements to be retained, sold or dedicated within the boundaries of the Project. All title work and final recordation services for the Parcel Map shall be performed by the City’s title company.
TASK 3: FINAL MONUMENTS
Michael Baker shall provide one (1) set of street and boundary monuments, set in accordance with the certification on the final map, and in accordance with the requirements and laws of the City of Coachella and the State of California.
This includes all front and rear parcel corners and street centerline monuments. A copy of centerline monument reference tie notes shall be completed and submitted to the appropriate jurisdictional agency in accordance with the requirements of said agency when required. The scope and fee is based upon setting up to 30 monuments in a single move in.
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FEE PROPOSAL
Our fee proposal for the Parcel Map is a lump sum/fixed fee not-to-exceed $33,140.
Activity Lump Sum
Boundary Survey $7,440
Final Parcel Map $13,580
Final Monuments $12,120
Total $33,140
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STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Adopt Resolution No. 2023-26, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2023-24, Funded by SB 1:
Road Repair and Accountability Act.
STAFF RECOMMENDATION:
Authorize the City Manager to adopt Resolution No. 2023-26, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2023-24, Funded by SB 1: Road Repair and Accountability Act.
BACKGROUND:
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) (Beall, Chapter 5, Statutes 2017), which is known as the Road Repair and Accountability Act of 2017. The purpose and intention of the Act is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems, as well as provide transit assistance.
Prior to the passage of SB 1, cities and counties were delaying or canceling projects and preparing to lay off staff. Due to lack of funding, basic maintenance of the local streets and road system, repair and replacement of bridges, safety improvements and multi-modal enhancements were all at risk.
The new transportation bill will provide cities and counties an opportunity to catch up on years of unfunded maintenance needs that have plagued our roadways for years. Maintenance and rehabilitation projects will extend the service life of our local streets, roads and bridges. Cities and Counties will also use SB 1 funds for complete streets projects, increasing mobility options for residents, and will employ, to the extent possible green technologies, materials and methods to reduce impacts to the environment from transportation projects.
DISCUSSION/ANALYSIS:
SB 1 includes historic accountability and transparency measures. Cities and counties will adopt project lists at the start of every Fiscal Year and also provide year end reporting on completed projects.
Item 15.
The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Proposed Project 1: Avenue 50 Widening Project
Project Description: Widening of Avenue 50 from 2 lanes to 4 lanes from Calhoun Street to Cesar Chavez Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 50 between Calhoun Street and Cesar Chavez Street Estimated Project Schedule: 01/2024 - 06/2024
Estimated Cost: $9,250.000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 2: Avenue 48 Widening Project
Project Description: Widening of Avenue 48 from 2 lanes to 5 lanes from Dillon to Van Buren Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 48 from Dillon to Van Buren St
Estimated Project Schedule: 03/2024 – 09/2025
Estimated Cost: $2,046,000
Estimated Project Useful Life: Twenty years with proper maintenance FISCAL IMPACT:
The SB 1 Anticipated revenues are for an amount of $1,042,156 for the Fiscal Year 2023-24.
Authorizing the City Manager to adopt Resolution 2023-26, Resolution adopting a list of Projects for Fiscal Year 2023-24, Funded by SB 1: Road Repair and Accountability Act will benefit the City of Coachella by maintaining City eligibility to continue receiving SB1 funding.
ATTACHMENTS:
1. Resolution 2023-26
Item 15.
RESOLUTION NO. 2023-26
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,042,156 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate and widen two major arterials transportation infrastructure throughout the City this year and many similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “excellent” condition; and
Item 15.
Resolution No. 2023-26
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Coachella, State of California, as follows:
1. The foregoing recitals are true and correct.
2. There are no newly proposed projects that will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues.
3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023- 24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Proposed Project 1: Avenue 50 Widening Project
Project Description: Widening of Avenue 50 from 2 lanes to 4 lanes from Calhoun Street to Cesar Chavez Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 50 between Calhoun Street and Cesar Chavez Street Estimated Project Schedule: 01/2024-06/2024
Estimated Cost: $9,250.000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 2: Avenue 48 Widening Project
Project Description: Widening of Avenue 48 from 2 lanes to 5 lanes from Dillon to Van Buren Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 48 from Dillon to Van Buren St
Estimated Project Schedule: 03/2024-09/2025
Estimated Cost: $2,046,000
Estimated Project Useful Life: Twenty years with proper maintenance PASSED, APPROVED and ADOPTED this 10th day of May 2023.
Item 15.
Resolution No. 2023-26
Steven A. Hernandez
Mayor
ATTEST:
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
Carlos Campos
City Attorney
Item 15.
Resolution No. 2023-26
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-26 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 10th day of May 2023 by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Delia Granados
Deputy City Clerk
Item 15.
STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Community Facilities District (CFD No. 2005-01) Annexation 32 – (Placita Dolores Huerta– Phase 1 Parcel Map No. 37833)
SPECIFICS: Ordinance No. 1202 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 32 Annexed to Said District (2nd Reading)
STAFF RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Adopt Ordinance No. 1202 Authorizing the Levy of a Special Tax within Annexation Area No. 32 Annexed to CFD No. 2005-01.
BACKGROUND:
On September 14, 2005 the City Council adopted Resolution No. 2005-93 establishing the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended. The District and several annexations of territory have been established in the City of Coachella over the past 17 years. The annexation areas consist of new residential subdivisions and multifamily residential development projects.
On March 22, 2023, the City Council adopted Resolution No. 2023-17 stating its intention to annex certain property (84914 Bagdad Avenue), consisting of Placita Dolores Huerta– Phase 1 Parcel Map No. 37833 (“Annexation Area No. 32”) into the District pursuant to the Act. A copy of Resolution No. 2023-17 which includes a description and map of Annexation Area No. 32, and the rate and method of apportionment and manner of collection of the special tax are on file with the City Clerk.
DISCUSSION/ANALYSIS
Pursuant to the conditions of approval imposed on Architectural Review No. 19-10, which approved demolition of 50 older apartment units with architectural plans for a 110 unit multifamily residential community, the project site must be annexed into the City-wide Community
Item 16.
Facilities District (CFD No. 2005-01). The City Council took the first step in this process by adopting a resolution of intention on March 22, 2023 (Resolution No. 2023-17) describing the property in question for the first phase consisting of 56 apartment units. The second phase of the development will be part of a separate CFD annexation area and special election. The City Council canvassed the results of the special election on April 26, 2023 and the property owner voted in favor of annexing into the CFD 2005-1 and therefore approved Ordinance No. 1202 on first reading to authorize the levy of the special tax for Annexation Area No. 32. The City Council must take action to adopt Ordinance No. 1202 by second reading in order to levy the special tax within Annexation 32.
FISCAL IMPACT:
The ordinance action would pave the way to annex the Placita Dolores Huerta site (Annexation No. 32) into the City-wide CFD which would collect an annual assessment that pays for Law Enforcement, Fire and Paramedic Services. The current rate and apportionment method would collect $1,348.10 for every dwelling unit that is constructed within the developed multifamily residential project. Ultimately, these funds will be used to augment the operating costs for police, fire, and paramedic services in the City of Coachella.
ALTERNATIVES:
1. Adopt the attached resolutions and introduce Ordinance 1202 (2nd Reading)
2. Continue this item and provide staff with direction.
3. Take no action.
RECOMMENDED ALTERNATIVE(S):
Staff recommends alternative #1.
Attachments:
1. Ordinance No. 1202 (2nd Reading)
2. Exhibit A - Rate and Method (CFD 2005-01)
3. Exhibit B - CFD Annexation Map 32
Item 16.
ORDINANCE NO. 1202
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA ACTING AS
THE LEGISLATIVE BODY OF CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 32 ANNEXED TO SAID DISTRICT
WHEREAS, on March 22, 2023, the City Council (the “Council”) of the City of Coachella, California (the “City”), adopted Resolution No. 2023-17 stating its intention to annex certain properties, consisting of Placita Dolores Huerta– Phase 1 Parcel Map No. 37833 (“Annexation Area No. 32”), into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 32 into the District; and
WHEREAS, on April 26, 2023 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 32 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 32 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 32 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-20 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 32, annexed Annexation Area Nos. 32, into the District and authorized the levy of a special tax within Annexation Area No. 32; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-21 which called an election within Annexation Area No. 32, for April 26, 2023 on the proposition of levying a special tax; and
WHEREAS, on April 26, 2023 an election was held within Annexation Area No. 32, in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax;
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:
Section 1. A special tax is levied within the boundaries of Annexation Area No. 32 Exhibit “B”, pursuant to the formula set forth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 32 prior to the annexation of Annexation Area Nos. 32, respectively, into the District.
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Section 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit “A.”
Section 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2023-20 of the Council.
Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.
Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.
Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Coachella on this 26th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Steven Hernandez, Mayor
ATTEST:
_____________________________
Delia Granados, Deputy City Clerk
Item 16.
APPROVED AS TO FORM:
______________________________
Carlos Campos, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF COACHELLA )
I, Andrea Carranza, Deputy City Clerk of the City of Coachella do hereby certify that the foregoing is a true and correct copy of an ordinance, being Ordinance No. 1202 duly passed and adopted at regular meeting of the City Council of the City of Coachella, California held on the 10th day of May 2023.
By: _________________________
Andrea Carranza, Deputy City Clerk
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
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NOTICE OF ADOPTION OF ORDINANCE NO. 1202
NOTICE IS HEREBY GIVEN that on April 26, 2023, at the Council Chambers of the City of Coachella, 1515 Sixth Street, Coachella, California 92236, the City Council of the City of Coachella, in its capacity as the legislative body of the City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1202. A summary of Ordinance No. 1202 follows and is marked as Exhibit “A”. At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard.
Ordinance No. 1202 was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By: Delia Granados, Deputy City Clerk
City of Coachella
Dated: May 11, 2023
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EXHIBIT “A”
BEFORE THE CITY COUNCIL OF THE CITY OF COACHELLA IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE
AND PARAMEDIC SERVICES)
IN THE MATTER OF Authorizing
the Levy of a Special Tax Within
Annexation Area No. 32 Annexed
to City of Coachella Community
Facilities District No. 2005-1 (Law
Enforcement, Fire and Paramedic
Services)
) ORDINANCE NO. 1202 SUMMARY
)
)
)
)
)
)
The ordinance authorizes the levy of an annual special tax within Annexation Area No. 32 annexed to City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area Nos. 32, prior to the annexation of Annexation Area Nos. 32, respectively, to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No. 32.
By: Delia Granados, Deputy City Clerk
City of Coachella
Dated: June 1, 2022
Item 16.
1 RATE AND METHOD OF APPORTIONMENT FOR
CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2005-1 of the City of Coachella (the “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined by the City Council of the City of Coachella, through the application of the Rate Method of Apportionment as described below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
“CFD Administration” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CDF” means City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Coachella.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building has been issued. “County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi-family dwelling with four or more units was issued prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.
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2 “Developed Property” means for each Fiscal Year, all Developed Multi-Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit new construction of a single-family dwelling unit was issued prior to June 30 of the prior Fiscal Year.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel Taxable Property.
“State” means the State of California.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of the CFD which are not exempt from the Special Tax pursuant to law or Section E below. “Transient Occupancy Taxes” means those transient occupancy taxes payable to the City pursuant to Ordinance.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.
B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within the CFD classified as Developed Single-Family Residential Property or Developed Multi-Family Residential Property shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX
1. Developed Single-Family Residential Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel classified as Developed SingleFamily Residential Property shall be $846.76 for Police Services and $511.34 for Fire/Paramedic Services.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12
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3 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.
2. Developed Multi-Family Residential Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel classified as Developed MultiFamily Residential Property shall be $846.76 for Police Services and $511.34 for Fire/Paramedic Services multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.
E. EXEMPTIONS: EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi-Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed MultiFamily Residential Property and will be subject to the Special Tax.
F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary, provided that the appellant is
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4 current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at different time or in a different manner if necessary to meets its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.
I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or unit Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within the CFD, whichever is earlier.
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STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Manager
SUBJECT: Authorize Transfer of Funds in the Amount Of $124,626.00 from Measure A to Project S-24, Avenue 48 And Harrison Street Sewer Improvements.
STAFF RECOMMENDATION:
Authorize transfer of funds in the amount of $124,626.00 from Measure A to Project S-24, Avenue 48 and Harrison Street Sewer Improvements.
BACKGROUND:
On December 8, 2021 the City of Coachella acted to authorize the City Manager to execute a construction contract with Jones Bros Construction Company in the amount $2,031,522.30 and an amount of $203,152.23 for contingency for the construction of the Avenue 48 and Harrison Street Sewer Improvements, City Project S-24.
On February 8, 2023 City Council authorized filing a Notice of Completion. The project was complete within budget.
DISCUSSION/ANALYSIS:
S-24 is a sewer project and thus sewer funds were used to pay for the project, however, during the design of the project it was determined by staff that Avenue 48th within the limits of this project required significant street improvements beyond the responsibilities of the Utilities Department or the original scope of the project that focused on sewer improvements. The project was modified to reconstruct Ave 48th within the limits of the sewer project with an intent to use Measure A and SB-1 funds for the added road improvement scope.
FISCAL IMPACT:
Transfer of funds in the amount of $124,626.00 from Measure A to Project S-24, Avenue 48 and Harrison Street Sewer Improvements (Sewer Connection Fund 361).
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ZIMMER
603232010
A G GREENLEAF
603242002
ANTHONY VINEYARDS INC
603290006
ANTHONY VINEYARDS INC
603300005
BUTZLAFF
603290005
A G GREENLEAF
603242001
BEJARANO
603290020
RAIL LINE
603232018
A G GREENLEAF
603480001
RAIL LINE
603232029
SRC OATES
603300011
DURAN
603290015
DESERT ROCK DEV
603110001
DELEON
603290014
DELARA
603290001
PROPCORP INC
603232022
SUN DATE LLC
603300021
BOSS 429 PROP
603232024
SUN DATE LLC
603300022
SFORCIN
603232026
SFORCIN
603232028
PROPCORP INC
603232021
NSA PROP HOLDINGS
603300031
CULTIVATION TECHNOLOGIES INC
603232023
HAMMOND RIVERSIDE
603232016
MORALES
603232025
BEJARANO
603290021
MORALES
603232027
µ INCLUDED PROPERTIES MAP
STAFF REPORT
4/26/2023
TO: Honorable Mayor and City Council Members
FROM: Jacob Alvarez, Assistant to the City Manager
SUBJECT: Approve a contribution to Coachella Valley Association of Governments’ CV Housing First program in the amount of $100,000 for current Fiscal Year 2022- 23 and MOU
STAFF RECOMMENDATION:
It is recommended that Council approve the $100,000 contribution to the Coachella Valley Association of Governments CV Housing First Program for FY 2022/23 and establish an MOU with a 2 year term FY 2023/24 and FY 2024/25 with funding in the amount of $100,000 for each year.
BACKGROUND:
CVAG Homelessness Request for FundingThe City of Coachella as well as other communities within the Coachella Valley have collaborated on homelessness with CVAG since the opening and operation of Roy’s Desert Resource Center, which has since closed its doors. This facility closed as of July 2017 and as a result, CVAG and its Homelessness Committee considered other options. As a result, CVAG is in its second year of operating the CV Housing First Program The CV Housing First Program is focused on the CV200, which is a list of chronically homeless individuals residing in Coachella Valley cities that have frequent contacts with law enforcement and who are likely to be shelter resistant or who have already fallen out of housing. This list was developed with the help of CVAG’s member jurisdictions and local law enforcement.
CVAG Housing First staff help with overcoming barriers that keep people from attaining housing. These barriers include identification paperwork to: qualify for benefits, attain housing, seek mental health and substance abuse support, apply for employment, and mainstream benefits.
Additionally, CVAG’s crisis stabilization units all CV200 individuals to housing. These units can be apartments and local hotel rooms where clients can stay up to 90 days that keep them off the streets.
The last payment the City of Coachella provided to CVAG for homelessness was issued August 2022 for Fiscal Year 2021/22. Therefore, CVAG is looking for a CV Housing First program
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payment for the current Fiscal Year 2022/23. Additionally, CVAG is looking to execute a new MOU (see Exhibit 1) to seek funding for up to the next two years.
Currently, three (Indian Wells, Palm Desert, and Palm Springs) cities have paid for the Fiscal Year 22/23. The other cities along with their MOU status are as follows:
FISCAL IMPACT:
This will cause a fiscal impact of $100,000 for fiscal year 2022-23 that will come from fund balance reserves. The additional $100,000 per year could be budgeted as a General Fund expenditure over the next two years.
EXHIBIT(S):
1. DRAFT CVAG Multiyear MOU
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY/ TRIBAL NATION OF
XXXXXX
AND
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
This Memorandum of Understanding (the “Memorandum”) is made by and between the CITY/ TRIBE OF XXXX (“CITY” OR “TRIBE”) and the COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (“CVAG”), as of October xx, 2022 with respect to the following:
RECITALS
WHEREAS, the City/ Tribe is interested in providing food, emergency shelter, and outreach to thosein need and, in that regard would like to support the CVAG homelessness program; and
WHEREAS, the City/ Tribe has been supporting CVAG’s CV Housing First program as a regional solution for homeless individuals; and WHEREAS, CVAG agrees to use the City/ Tribe funding for the CV Housing First program to provide case management and outreach services to homeless individuals in the Coachella Valley for the coming years; NOW, THEREFORE, the City/ Tribe and CVAG agree to the following:
1.0 TERM OF MEMORANDUM. The term of this Memorandum shall expire on June 30, 2024.
2.0 OBLIGATIONS OF THE PARTIES.
2.1 CVAG shall provide the services set forth in Exhibit A attached hereto and incorporated herein by this reference (“Scope of Services”). CVAG shall deliver to the City/ Tribe quarterly reports detailing the CV Housing First program metrics as set forth in Exhibit B attached hereto and incorporated by this reference (“Quarterly Reports”). CVAG shall comply with any and all federal, state, and local laws and regulations applicableto CVAG, the Scope of Services, and the use of the City/ Tribe Funds(as defined in Section 2.2 below) and the use of any other public moneys (collectively, the “Compliance Requirements”).
2.2 The City/ Tribe will provide financial support of One Hundred Thousand Dollars each fiscal year for three years totaling Three Hundred Thousand Dollars ($300,000) (“City/ Tribe Funds”) to CVAG. Provided CVAG complies with its obligations under this Memorandum, the City shall disburse the City/ Tribe Funds no later than 60 days after the beginning of each fiscal year. All City/ Tribe Funds shall be used by CVAG
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for the Scope of Services and for no other purpose. If CVAG fails to provide CV Housing First services for a fiscal year, the City/ Tribe may withhold an installment disbursement of the City/ Tribe Funds thathas not yet been disbursed. If CVAG fails to comply with any Compliance Requirements, the City/ Tribe may (i) withhold an installment disbursement that hasnot yet been disbursed, (ii) order a return to the City/Tribe of any portion or all City/ Tribe Funds that were not used in compliance with this Memorandum or any other Compliance Requirements, and/or (iii) seek any other rights or remedies available at law or in equity.
3.0 INDEMNITY AND RELEASE. CVAG hereby agrees to indemnify, defend, and hold harmless the City/ Tribe and its officers, employees, agents and independent contractors (collectively, “Indemnitees”) from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys’ fees and costs of litigation (collectively “Claims”) arising out of and/or in any way relating to CVAG’s activities in the performance of this Memorandum, or to CVAG’s acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the City/ Tribe.
4.0 CVAG INSURANCE OBLIGATIONS. Without limiting the indemnification provisions provided herein, CVAG, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the CVAG facility(ies) resulting from any actions or omissions of CVAG or any use of the CVAG facility(ies), or the CVAG’s invitees in accordance with the terms of this Memorandum. The policy or policies evidencing such insurance shall name the City/ Tribe as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the City/ Tribe, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the date of thisMemorandum, and upon renewal of such policies, CVAG shall submit to the City/ Tribe certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. The coverage contemplated in this paragraph will be primary and the City’s/ Tribe’s coverage will not contribute. CVAG shall provide workers’ compensation insurance in accordance with California law.
5.0 ADDITIONAL PROVISIONS.
5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this Memorandum.
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5.2 This Memorandum contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of CVAG’s CV Housing First Program.
5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum.
5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys’ fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys’ fees, expenses, and costs incurred in establishing the right to indemnification).
[signatures on next page]
Item 18.
IN WITNESS WHEREOF, Coachella Valley Association of Governments and PUBLIC ENTITY have executed this Memorandum as evidenced by the signatures contained below:
[PUBLIC ENTITY]
By:___________________________
Name:___________________________
Title:____________________________
Dated: ________________________
COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS
By:_____________________________
Name:___________________________
Title:____________________________
Dated: __________________________
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EXHIBIT A
Scope of Services
Provide services to unhoused individuals and families in the Coachella Valley, and more specifically in [CITY/GEOGRAPHIC AREA], who are literally homeless by providing outreach, connections to housing solutions (including crisis stabilization housing and/or permanent solutions), rapid resolution assistance for one-time emergency needs such as move-in costs, or other supportive services and resources such as food distribution, legal clinics, and linkages to services.
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EXHIBIT B
Reporting Requirements
The reporting that shall be provided should be similar to CVAG’s own CV Housing First quarterly reports.
CVAG will provide the City of Coachella with quarterly reports that incorporates city centric data which includes but not limited to: Housed from CV 200- Clients housed in Crisis Stabilization Units (CSH), Clients being helped through Rapid Resolution (RR), Clients returned to the street (failures), Clients moved into permanent housing from CSH (successes), Clients moved into permanent housing through RR (successes) and Non CV200 - Households Housed in CSH Units, Households being helped through RR, Households returned to the street (failures) Households moved into permanent housing from CSH (successes), Households moved into permanent housing from RR (successes).
The City may request a presentation at a City Council meeting should its City Council have questions about the program.
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STAFF REPORT
5/10/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
Gabriel Perez, Development Services Director
SUBJECT: Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for Cannabis Social Equity Consulting Services in a Not-toExceed Amount of $50,000 STAFF RECOMMENDATION:
Staff recommends that the City Council consider authorizing the City Manager to execute the attached Letter of Agreement with CannaBiz Consulting Group, in a not-to-exceed amount of $50,000 for the provision of cannabis technical assistance services.
BACKGROUND:
On May 13, 2021 the City Council approved a consulting agreement with CannaBiz Consulting Group for the “2020 Cannabis Consulting Services” in the amount of $25,000. The major tasks of the Agreement included staff assistance services for the following tasks:
Creating and processing a merit-based review program for new retail cannabis – round #2 applicants.
Assist in preparing scoring sheets and finalized scoring criteria and related print material. Establish an internet portal for applicants submitting new Applications. Establish regular communication with applicants as a City staff liaison. Develop clear forms and transparent procedures for applicants, on an Internet portal. Maintain all Application records and make them available to the public. Incorporate the City’s Cannabis Social Equity policies for applicants.
The consultant’s work was authorized by staff to be augmented in late 2020 to include additional tasks related to the City’s social equity program, applicant verifications, and technical assistance, and there were cannabis appeals meetings held in early 2021 that require extending the term of the Agreement. Accordingly, staff is recommending initiation of a new Agreement with CannaBiz Consulting Group until October 31, 2024.
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DISCUSSION/ANALYSIS:
Attached to this staff report is a document entitled Letter of Agreement that will include a termination date of October 31, 2024 and include the following tasks:
Amend the Social Equity Assessment Report
Improve the Social Equity Program
Conduct Operational Workshops
Provide technical assistance hours to CSEP Licensees
Provide assistance to City Staff
The CannaBiz Consulting Group Agreement will qualify for grant funding under California Bureau of Cannabis Control (BCC) social equity grant. The city currently has $50,000 of grant funds that can be used for technical assistance services.
ALTERNATIVES:
1. Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for the Provision of Cannabis Social Equity Consulting Services in a not-to-exceed Amount of $50,000
2. Not Authorize the City Manager to Execute a Letter of Agreement with CannaBiz Consulting Group for the Provision of Cannabis Social Equity Consulting Services in a not-to-exceed Amount of $50,000
FISCAL IMPACT:
The Agreement with CannaBiz Consulting Group will be paid out of existing GO-Biz Cannabis Grant funding. The City was awarded $50,000 for this provision of service.
ATTACHMENTS:
1. Agreement with CannaBiz Consulting Group
2. CannaBiz Consulting Group Proposal
3. Former Agreement with CannaBiz Consulting Group
Item 20.
April 01, 2023
Christopher Martinez
CannaBiz Consulting Group
P.O. Box 40
Indio, CA 92202
Re: Letter of Agreement for “Cannabis Social Equity Consulting Services” Dear Mr. Martinez:
This letter shall be our Agreement regarding consultant services for the City of Coachella’s Cannabis Social Equity Program as described below (“Services”) to be provided by CannaBiz Consulting Group, a California limited liability company (“Contractor”) as an independent contractor to the City of Coachella for the various applications to be received by the City (“Applications”).
The Services to be provided include the following:
1. Analyze Data. Review Coachella census data and Coachella policing agency's cannabis arrest records. Analyze Social Equity programs of cities with similar demographics to identify barriers for social equity applicants and equity policies with proven success.
2. Community Outreach. Conduct workshops to educate, solicit feedback, and inform community residents of current and future social equity opportunities.
3. Generate Report. Generate a report with findings from data and community outreach to amend the existing report. The report will include recommendations on how to incorporate social equity opportunities into the current local cannabis industry and how to improve the existing social equity program.
4. Consult. Allocate 20 hours of compliance consulting to existing social equity license holders. Consulting can be utilized for compliance, improving operational efficiencies, and application renewals.
5. Workshops. Host industry workshops to instruct cannabis operators on how to compliantly manage inventory, generate sales, report waste, and other required procedures.
6. Technical Assistance. Provide ongoing assistance to city staff and CSEP participants.
This will help cannabis equity applicants and licensees acquire the knowledge and/or
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skills necessary in order to gain entry to, and to successfully operate. One-on-one consulting and training, including direct interactions in group settings, to provide equity applicants and licensees the technical knowledge and expertise necessary to facilitate business ownership and employment in the cannabis industry.
7. The above tasks will be billed on a “time and material” basis based on the following rates:
Senior Consultant ……………....$200 per hour
Project Manager ……………......$125 per hour
Project Assistant………………… $75 per hour
Contractor shall perform all Services under this Letter of 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, and consistent with all applicable laws. 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. Compensation for the above services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the hourly rate of $200.00 for Contractor and support staff identified above. However, unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed fifty thousand dollars ($50,000.00).
Contractor shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of the Projects, Contractor shall also provide proof of workers’ compensation coverage for such employees which meet all requirements of state law. Contractor shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions and for a term acceptable to the City.
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 current billing period.
City shall review and pay the approved charges on such invoices in a timely manner. Services on the Projects shall begin as of April 01, 2023 and be completed by October 31, 2024 unless extended by the City in writing. The City may terminate this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Projects completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter of Agreement for cause only.
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To the fullest extent permitted by law, 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, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, 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.
If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records.
CITY OF COACHELLA CONTRACTOR
Approved by: Reviewed and Accepted by Contractor:
Gabriel Martin Date: Signature Date:
City Manager
Approved as to form:
Name
Carlos Campos Title
City Attorney
Item 20.
CITY OF COACHELLA
PROPOSAL
PREPARED BY:
CHRISTOPHER MARTINEZ
SENIOR CONSULTANT
[email protected]
(760) 899-8025
CANNABIS SOCIAL
EQUITY CONSULTING
Item 20.
Implementation of social equity policies into cannabis licensing procedures; Oversight of cannabis social equity policy and verification processing; Oversight of social equity grant disbursement for cannabis businesses; Hosting cannabis licensing and application workshops to assist applicants; Creating a website to provide cannabis application and social equity information; Successful procurement of conditional use permits, regulatory permits, business licenses, and state cannabis operating licenses in several jurisdictions; Writing and implementing standard operating procedures in compliance with local and state regulations;
Writing and implementing security procedures in compliance with local and state regulations;
Writing and implementing track and trace procedures and waste management procedures;
Establishing compliant packaging, labeling, and marketing procedures; Establishing procedures to meet strict and extensive audit and record-keeping requirements;
Compliance oversight of cultivation, manufacturing, and distribution facilities; and Applying and obtaining state cannabis licenses.
Since 2018, CannaBiz has taken vital roles in representing cannabis clients, establishing compliant and effective operating procedures, and licensing procurement for multiple corporate cannabis facilities in Southern California. Our most recent work consisted of consulting for a retail license recipient in the City of Moreno Valley, where we provided technical assistance to license and open the business compliantly on January 6, 2023. This project and our overall experience in the industry have exposed us to a myriad of demands and responsibilities associated with managing a project from construction buildout to acquiring the necessary licenses to begin operations. We are familiar with a multitude of cannabis application programs including social equity programs throughout the State of California. Our experience has given us the ability to recognize, anticipate, and resolve potential issues to ensure the desired outcome is achieved. The range of our experience in California includes but is not limited to:
Technical Proposal
Qualifications
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Engage community and industry input to understand current needs Identify disparities in cannabis-related arrests through police data Identify disproportionately disadvantaged communities through census data Identify cannabis arrest hotspots with police data
Identify potentially eligible communities with the findings of the data review Improve the CSEP to better serve social equity applicants Amending the existing CSEP analysis to be used for future SEED Grants Soliciting community engagement
Soliciting industry feedback
Retrieving Data related to cannabis arrests is limited
Some residents may not welcome additional cannabis businesses Providing resources for existing social equity applicants Incorporating a viable equity program into a matured local cannabis industry Situation Analysis: The City of Coachella has permitted licensed cannabis operations under Proposition 215 state regulations and was the first city in the Coachella Valley to pursue policies to allow cannabis operations within the City legally. On January 1, 2018, Medical and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) became the new cannabis law of California.
Unfortunately, individuals who were disproportionately affected by the previous cannabis regulations have encountered numerous barriers of entry in their pursuit of a cannabis license under the new regulations. In the cannabis arrest report prepared by the Marijuana Arrest Research Projects and presented to the Drug Policy Alliance and the California NAACP, African Americans were arrested for cannabis offenses up to 12 times the rate of White Americans between 2008 and 2010. These types of disparities can be seen across the state to this day and are also experienced by Latinos. The disproportionate arresting of minorities by the previous marijuana laws has made it more difficult for minorities to participate in the current cannabis market. This is why the State of California has created a social equity program. Coachella has implemented a Social Equity program in an attempt to lower this barrier and has an opportunity to improve the program. Since the creation of the program, the City has licensed three social equity retailers with two currently operating. Christopher Martinez will utilize his professional experience of reviewing California Social Equity programs of various jurisdictions for Coachella and will implement his personal experience of being a social equity applicant of Los Angeles to better understand how to best engage and serve the community to improve the existing program. In order to reach our goal of lowering the barrier of entry into the cannabis industry and providing opportunities for success, we must execute on the following items:
Goals
Challenges
Work Plan
Overview