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2.2 Escrow Fees and Other Charqes. At the Close of Escrow, Buyer agrees to pay all of Seller's and Buyer's escrow fees, charges and costs incurred in this transaction.
2.3 Closinq Date; Conditions Precedent to Close or Escrow. Provided all of the conditions precedent set forth in this Section 2.3 have been satisfied (or are in a position to be satisfied concurrently with the Close of Escrow), the Close of Escrow shall occur WITHIN 60 DAYS (the "Closing Date"), unless otherwise extended by mutual agreement.
As used in this Agreement, the "Close of Escrow" shall mean the date a Grant Deed as provided in Section 2.4.2(a) hereof ("Grant Deed"), is recorded in the Official Records of the County.
2.3.1 Conditions to Buyer's Obliqations. The Close of Escrow and Buyer's obligation to purchase the Rights-of-Way are subject to the satisfaction of the following conditions or Buyer's written waiver oT such conditions on or before the Closing Date, Buyer may waive in writing any or all of such conditions in its sole and absolute discretion. (a) The Purchase Price shall have been determined in
accordance with Section 1.2; and
(b) Seller shall have performed all obligations to be performed by Seller pursuant to this Agreement; and
(c) Noeventorcircumstanceshallhaveoccurredwhichwould
make any of Seller's representations, warranties and covenants set forth herein untrue as of the Close of Escrow; and
(d) There shall have occurred no material adverse change in the physical condition of the Property (such as those caused by natural disasters) which would render the Rights-of-Way unsuitable for Buyer's intended use or which would materially increase the cost or cause a material delay in the schedule for Buyer's planned improvements of the Rights-of-Way; and
(e) The Title Company shall be committed to issue to Buyer, as of the Closing Date, the Title Policy (defined below) covering the Rights-of-Way, subject only to the Permitted Exceptions; and
(f) All monetary encumbrances, if any, shall have been
reconveyed and title shall be conveyed free of all monetary encumbrances. Title to the Rights-of-Way shall be conveyed to Buyer free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes except for any nondelinquent taxes For the Fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction.
2.3.2 Conditions to Seller's Obliqations. The Close of Escrow and Seller's obligation to sell and convey the Rights-of-Way are subject to the satisfaction of the Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
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following conditions or Seller's written waiver of such conditions on or before the Closing Date. Seller may waive in writing any or all of such conditions as a condition to the Close of Escrow in its sole and absolute discretion.
(a) The Purchase Price shall have been determined in
accordance with Section 1.2;
(b) Buyer shall have performed all obligations to be performed by Buyer pursuant to this Agreement; and
(c) No event or circumstance shall have occurred which would make any of Buyer's representations, warranties and covenants set forth herein untrue as of the Close of Escrow.
2.3.3 WaiverofaConditionDoesNotExcusePerformance.lfanycondition precedent to the Close of Escrow is expressly waived, in writing, as a condition to the Close of Escrow by the Party for whose benefit such condition exists, then, to the extent such condition is capable of being satisfied following the Close of Escrow, such condition shall become a condition subsequent to the Close or Escrow and shall be satisfied by the party whose performance is required to satisfy such condition as soon as reasonably possible following the Close of Escrow.
2.4 Closing Documents. The parties shall deposit the following with Escrow Holder prior to the Close of Escrow:
2.4.1 Buyer's Deposits. Buyer shall deposit:
(a) ThePurchasePricetogetherwithBuyer'sescrowandother
cash charges; and
(b) ACertificateofAcceptancefortheGrantDeedasinalegally sufficient form typically used by Buyer.
2.4.2 Seller's Deposits. Seller shall deposit:
(a) The Grant Deed as in the form of Exhibit C attached hereto; and
(b) Subject to Section 2.5.1 below, an executed Affidavit of Nonforeign Status in the form of Exhibit D attached hereto and such other documentation necessary to exempt Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and (c) Subject to Section 2.5.1 below, a Withholding Exemption Certificate Form 593 as contemplated by California Revenue and Taxation Code §18662 (the "Withholding Affidavit") duly executed by Seller.
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2.4.3 Deposits of Additional Instruments. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to proceed to the Close of Escrow and consummate the conveyance of the Rightsof-way from Seller to Buyer in accordance with the terms of this Agreement.
2.5 .
2.5.1 Withholdinq.lntheeventthat,pursuanttoSection2.4.2(b)above, Seller fails to deposit with Escrow Holder the executed Affidavit of Non-foreign Taxpayer Status which exempts Seller from the withholding requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, Seller hereby authorizes Escrow Holder to withhold ten percent (10%) of the Purchase Price of the Rights-of-Way less any applicable closing costs and to report and transmit the withheld amount to the Internal Revenue Service. Additionally, in the event that, pursuant to Section 2,4.2(c) above, Seller fails to deposit with Escrow Holder any applicable tax document which exempts Buyer from California withholding requirements, if any, Seller hereby authorizes Escrow Holder to withhold such additional percentage of the Purchase Price of the Rights-of-Way as is required by California law, and Escrow Holder shall report and transmit the withheld amount in the manner required by California law. By agreeing to act as Escrow Holder hereunder, Escrow Holder expressly agrees to undertake and be responsible for all withholding obligations imposed pursuant to Section 1445 ofthe Internal Revenue Code of 1986, as amended, and the regulations thereunder and under any similar provisions or California law, and shall defend, indemnify and hold Buyer harmless in connection with such obligations.
2.5.2 Necessary Actions of Escrow Holder. On the Close of Escrow, Escrow Holder shall: (i) record the Grant Deed as in the Office of the County Recorder of the County, (ii) pay any transfer taxes, (iii) instruct the County Recorder to return the Grant Deed as to Buyer, (iv) distribute to Seller the Purchase Price, and (v) deliver to Buyer the Title Policy covering the Rights-of-Way subject only to the Permitted Exceptions, the Affidavit of Non-foreign Status and the applicable California withholding exemption form, if any.
2.5.3 Taxes and Assessments. Real property taxes and assessments shall be prorated as of the Close of Escrow on the basis of the most recent tax information and such proration shall be final. Said prorations shall be based on a three hundred sixtyfive (365) day year.
2.5.4 Title and Possession. Upon the Close of Escrow, title to and exclusive possession of the Property shall be conveyed to Buyer, subject only to the Permitted Exceptions.
3. ACTIONS PENDING CLOSING.
3.1. Title Review.
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3.1.1 Title Report. Within three (5) business days afier the Opening of Escrow, Commonwealth Land Title (the "Title Company") will furnish Buyer and Seller with an updated Title Commitment on the Property together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Property showing all the locations of all easements reverenced therein (collectively, the "Title Commitment").
3.1.2 Title Notices. Buyer shall have ten (10) business days after its actual receipt of the Title Commitment to deliver to Escrow Holder written notice (the "Preliminary Title Notice") of Buyer's approval, conditional approval or disapproval of the title matters disclosed in the Title Commitment. All matters not timely approved by Buyer will be deemed disapproved. All such exceptions disapproved by Buyer are referred to herein as "Disapproved Exceptions". All monetary encumbrances are hereby deemed Disapproved Exceptions and shall be removed and satisfied at the Close of Escrow.
3.1.3 Permitted Exceptions. "Permitted Exceptions" shall mean all exceptions appearing on the Title Commitment which are: (i) standard printed exceptions in the Title Policy issued by Title Company; (ii) general and special real property taxes and assessments, a lien not yet due and payable; and (iii) any other liens, easements, encumbrances, covenants, conditions and restrictions of record approved, or expressly waived by Buyer pursuant to this Section 3.1.
3.2. Title Policy. Buyer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Standard Coverage Owner's Policy of Title Insurance (the "Standard Coverage Policy"), showing title to the Property vested in Buyer with liability equal to the Purchase Price, subject only to the Permitted Exceptions. At Buyer's option, Buyer may require an ALTA Extended Coverage Owner's Policy instead of the Standard Coverage Policy provided that Buyer pays any additional premium on account thereof. The form of title policy selected by Buyer shall be referred to herein as the "Title Policy".
3.3. Right of Possession. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State (or other agency), including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause
1.2 herein are deposited into escrow controlling this transaction. The amount shown in Clause 1.2 herein includes, but is not limited to, Full payment for such possession and use, including damages, if any, from said date.
3.4. Seller's Covenant Not to Further Encumber the Property. Seller shall not, directly or indirectly, alienate, encumber, transfer, option, lease, assign, sell, transfer or convey its interest or any portion of its interest in the Property, or any portion thereof, or enter into any agreement to do so, so long as this Agreement is in force. Seller shall timely discharge, prior to the Closing, any and all obligations relating to work performed on or conducted at or materials delivered to or for the Property from time to time by Seller, or at Seller's direction or on its behalf, in order to prevent the filing of any claim or mechanic's Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
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lien with respect to such work or materials.
3.5. LossorDamaqetolmprovements.LossordamagetotheProperty,including any improvements existing thereon as of the date of this Agreement, by fire or other casualty, occurring prior to the recordation or the Grant Deed as shall be at the risk of Seller. In the event that loss or damage to the Property, or any such improvements thereon, by fire or other casualty, occurs prior to the recordation of the Grant Deed as Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance policy or policies which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the Purchase Price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS.
4.1. Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Buyer as follows, all of which shall survive the Close of Escrow:
4.1.1 Seller'sAuthority.Selleristhesoleownerinfeesimpleabsoluteof the Property and has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. Seller has not alienated, encumbered, transferred, leased, assigned or otherwise conveyed its interest in the Property or any portion thereof except as set fodh in the Title Commitment, nor entered into any Agreement to do so, nor shall Seller do so during the term of this Agreement. The entering into and peformance by Seller or the transactions contemplated by this Agreement will not violate or breach any other agreement, covenant or obligation binding on Seller, and there is no consent required from any third party before the Property may be conveyed to Buyer. This Agreement has been duly authorized and executed by Seller, and upon delivery to and execution by Buyer shall be a valid and binding agreement of Seller.
4.1.2 Hazardous Substances. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and LiabilityActs, and the California Environment QualityAct, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable Federal, state, and local agencies and bureaus.
Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
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damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
4.1.3 Mechanic'sLiens.Therearenomechanics',materialmen'sorother claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement or relating to the environmental condition of the Property. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges and fees, including without limitation attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow, unless performed by or at the request of Buyer.
4.1.4 0ther Facts and Circumstances. There are no other facts or circumstances known to Seller that would preclude, prevent or impair the development of the Property.
4.1.5 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or furnished to Buyer in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby.
Each of the representations and warranties made by Seller in this Agreement, or in any exhibit, or on any document or instrument delivered pursuant hereto shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement, are conditions precedent to the Close of Escrow. Seller shall immediately notify Buyer of any fact or circumstance which becomes known to Sellerwhich would make any of the foregoing representations or warranties untrue.
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4.2. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows, all of which shall survive the Close of Escrow:
4.2.1 Buyer's Authority. Buyer has the capacity and full power and authority to enter into and carry out the agreements contained in, and the transactions contemplated by, this Agreement, and that this Agreement has been duly authorized and executed by Buyer and, upon delivery to and execution by Seller, shall be a valid and binding Agreement of Buyer.
4.2.2 No Untrue Statements or Omissions of Fact. Neither this Agreement, nor any of the exhibits hereto, nor any document, certificate, or statement referred to herein or Furnished to Seller in connection with the transaction contemplated herein (whether delivered prior to, simultaneously with, or subsequent to the execution of this Agreement) contains any untrue statement of material fact or, omits to state a material fact in any way concerning the Property, or otherwise affecting or concerning the transaction contemplated hereby.
Each of the representations and warranties made by Buyer in this Agreement, or in any exhibit or on any document or instrument delivered pursuant hereto, shall be continuing representations and warranties which shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances which are contrary to the foregoing representations and warranties contained in this Section 4.2.
4.3, Mutuallndemnity.SellerandBuyershalldefend,indemnifyandholdfreeand harmless the other from and against any losses, damages, costs and expenses (including attorneys' fees) resulting from any inaccuracy in or breach of any representation or warranty of the indemnifying party or any breach or default by such indemnifying party under any of such indemnifying party's covenants or agreements contained in this Agreement.
5. CONDEMNATION. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Riverside, wherein the herein described property is included and also waives any and all claims to any money on deposit in the action and further waives all attorneys' fees, costs, disbursements, and expenses incurred in connection therewith. If, prior to the close of the execution of this transaction, Seller (or Seller's Tenant) is served with a Summons and Complaint in Eminent Domain in which Seller (or Seller's Tenant) is a named defendant, upon the close of escrow, Seller agrees and consents to Buyer taking a default in the action. Moreover, the total compensation to be paid by Buyer to Seller is for all of Seller's interest in the Property and any rights which exist or may arise out of the acquisition of the Property for public purposes, including Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
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without limitation, Seller's interest in the land and any improvements and fixtures and equipment located thereon, improvements pertaining to the realty (if any), severance damages, any alleged pre-condemnation damages, loss of business goodwill (if any), costs, interest, attorney's fees, and any claim whatsoever or Seller which might arise out of or relate in any respect to the acquisition of the Property by the Buyer. The compensation paid under this Agreement does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which Seller may be entitled to receive, if any. Relocation assistance, if any, will be handled via separate Agreement.
6. BROKERS.SellerandBuyereachrepresentsandwarrantstotheotherthat they have not dealt with or been represented by any brokers or finders in connection with the purchase and sale of the Property and that no commissions orfinder's fees are payable in connection with this transaction. Buyer and Seller each agree to indemnify and hold harmless the other against any loss, liability, damage, cost, claim or expense (including reasonable attorneys' fees) incurred by reason of breach ofthe foregoing representation by the indemnifying party. Notwithstanding anything to the contrary contained herein, the representations, warranties, indemnities and agreements contained in this Section 6 shall survive the Close of Escrow or earlier termination of this Agreement.
7. MAINTENANCEANDREPAIR.TheSeller(s)andsuccessorsandassignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, in a first class condition, free From waste and debris, and in accordance with all applicable law, rules, ordinances, and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.
8. GENERAL PROVISIONS.
8.1. Counterparts; Facsimile Siqnatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument and any executed counterpart may be delivered by facsimile transmission with the same effect as if an originally executed counterpart had been delivered.
8.2. Further Assurances. Each of the parties agrees to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be appropriate or necessary to effectuate the agreements of the parties, whetherthe same occurs before or after the Close of Escrow.
8.3. Entire Aqreement. This Agreement, together with all exhibits hereto and documents referred to herein, if any, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior understandings or agreements. This Agreement may be modified only by a writing signed by both parties. All Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
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exhibits to which reference is made in this Agreement are deemed incorporated into this Agreement whether or not actually attached.
8.4. .HeadingsusedinthisAgreementareforconvenienceofreference only and are not intended to govern, limit, or aide in the construction or any term or provision hereof.
8.5. Choice of Law. This Agreement and each and every related document are to be governed by, and construed in accordance with, the laws of the State of California.
8.6. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction or rendered by the adoption of a statute by the State of California or the United States invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby; provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to, or the obligations imposed upon, any party hereunder, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.
8.7. WaiverofCovenants,ConditionsorRemedies.Thewaiverbyonepartyofthe performance of any covenant, condition or promise, or of the time for performing any act, under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise, or of the time for performing any other act required, under this Agreement. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law, and the provisions or this Agreement for any remedy shall not exclude any other remedies unless they are expressly excluded.
s.s. Leqal Advice. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question.
s.g. Relationship of Parties. The parties agree that their relationship is that of Seller and Buyer, and that nothing contained herein shall constitute either party, the agent or legal representative of the other for any purpose whatsoever, nor shall this Agreement be deemed to create any form of business organization between the parties hereto, nor is either party granted the right or authority to assume or create any obligation or responsibility on behalf of the other party, nor shall either party be in any way liable for any debt of the other.
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8.10. Attorneys' Fees. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby, or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred, in addition to any other damages or relief awarded.
8.11. Assignment. Neither Seller nor Buyer shall assign its rights or delegate its obligations hereunderwithoutthe priorwritten consent ofthe other, which consentshall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties to this Agreement.
8.12. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery), delivered by air courier next-day delivery (e.g. Federal Express), delivered by mail, sent by registered or certified mail, return receipt requested, or sent via telecopier, as follows:
If to Buyer, to: Attn: City Engineer
City of Coachella
53-990 Enterprise Way
Coachella, CA 92236
Telephone No.: (760) 398-3502
If to Seller, to: RMM Investment Capital, LLC
PO BOX 3022
Indio, CA 92202
If to Escrow Holder, to: Grace Kim
Commonwealth Land Title
4100 Newport Place Dr
Newport Beach CA 92660
Facsimile No.: (714)459-7217
Telephone No.: (949)724-3141
Notices delivered by air courier shall be deemed to have been given the next business day after deposit with the courier and notices mailed shall be deemed to have been given on the second day following deposit of same in any United States Post Office mailbox in the state to which the notice is addressed or on the third day following deposit in any such post office box other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. Notices sent via telecopy shall be deemed delivered the samebusinessdaytransmitted. Theaddresses,addressees,andtelecopynumbersforthe purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is Right-of-Way Agreement for Conveyance of Real Property and Escrow Instructions
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received, the last address, addressee, and telecopy number stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Delivery of a copy of a notice as set forth above is as an accommodation only and is not required to effectuate notice hereunder.
8.13. Survivability.AllcovenantsofBuyerorSellerwhichareintendedhereunderto be performed in whole or in part afier Close of Escrow and all representations, warranties, and indemnities by either Party to the other, shall survive Close of Escrow and delivery of the Deed, and be binding upon and inure to the benefit of the respective Parties.
7.14. Release.ThetotalcompensationtobepaidbyBuyerforthePropertyisthe Purchase Price, which consideration covers all land and improvements, attached or detached furniture, fixtures and equipment, loss of business goodwill, and is the full and complete acquisition cost of the Property. Buyer is in compliance with the California Relocation Assistance and Real Property Acquisition statutes and guidelines and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs. Except for any breach of terms or conditions contained in this Agreement, Seller waives and forever releases Buyer, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Buyer's behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the facts or allegations and circumstances arising from Buyer's acquisition of the Property, By such release, Seller expressly waives its rights, if any, under California Civil Code Section 1542 which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS
SETTLEMENT WITH THE DEBTOR."
7.15 City Council Approval of Aqreement. This Agreement is subject to the approvaloftheBuyer'sCityCouncil. lfthisAgreementremainsunapprovedbytheBuyer's City Council then the parties will have no further obligation under this Agreement.
7.16 . Neither party shall have the right to record this Agreement in the Recorder's Office for Riverside County.
[SIGNATURES ON NEXTPAGEJ
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IN WITNESS WHEREOF, the parties have executed this Agreement as oTthe date and year first above written.
BUYER:
CITY OF COACHELLA
City Manager
SELLER:
RMM Investment Capital, LLC
Its:
BY:
Name:
Its:
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CERTIFICATE OF ACCEPTANCE
APN 768-160-001
This is to certify that the interest in the GRANT DEED conveyed by the within instrument to the City of Coachella is hereby accepted by the undersigned officer/agent on behalf of the Board of Directors.
CITY OF COACHELLA
B7: /,Ad
Dr. Gabriel Martin
City Manager
Date: 4sh3
Item 22.
LLC-I
Articles of Organization
of a Limited Liability Company (LLC)
To form a limited liability company in California, you can fill out this form, and submit for filing along with:
- A $70 filing fee.
- A separate, non-refundable !515 service fee also must be included, if you drop off the completed form or document.
important! LLCs in California may have to pay a minimum $800 yearly tax to the California Franchise Tax Board. For more information, go to https://www.ftb.ca.gov.
LLCs may not provide "professional services," as defined by California Corporations Code sections 13401(a) and 13401.3.
Note: Before submitting the completed form, you should consult with a private attorney for advice about your specific business needs. 01 RMM INVEF lorqMuEeNstTioCnsAaPbnoAutLt,h
gotwww.sos.ca.go
!
LLC Name
Proposed LLC Name The name must end with: "LLC," "L.L.C.," "Limited Liability Company," "Limited Liability Co.,""Ltd.
Liability Co." or"Ltd. Liability Company;" and may not include: "bank," "trust," "trustee," "incorporated," "inc.," "corporation," or "corp.," "insurer," or "insurance company." For general entity name requirements and restrictions, go to www.sos.ca.gov/business/be/name-availability.htm.
Purpose
(2 The purpose orthe limited liability company is to engage in any lawful act Or activity for which a limited liability company may be organized under the Beverly-Killea Limited Liability Company Act.
LLC Addresses
(3 a, 43-040 TENNESSEEAVENUE PALM DESERT CA 92211
lnitialStreetAddressofLLC City(noabbreviations) State Zip b.
fnitiai Mai(rngAddress of LLC, if different from 3a City (no abbreviations) State Zip Service of Process (List a California resident or an active 1505 corporation in California that agrees to be your initial agent to accept service of process in case your LLC is sued. You may list any adult who lives in California. You may not list an LLC as the agent. Do not list an address if the agent is a '1505 corporation.)
(3) a. MARITZAMARTINEZ
Agent's Name
5, 43-040TENNESSEEAVENUE PALMDESERT , CA 92211
Agent'sStreetAddress(ifagentisnotacorporation) City(noabbreviations) --State Zip Management (Check only one.)
(5 TheLLCwillbemanagedby:
[Z]OneManager € MoreThanOneManager € AllLimitedLiabilityCompanyMember(s) This forrh must be signed by each 6rganizer. If you need more space, attach extra pages that are 1-sided and on standard letker-sized paper (8 U2" x '11"). All attachments are made part of these articles of organization. , ,{) /_ _ ______________
? m772?5 - ROBERTM PETERSON
Organizer- Sign he're Print yourname here
Make check/money order payable to: Secretary of State By Mail Drop-Off Upon filing, we will return one (1) uncertified copy of your filed Secretary of State Secretary of State documentfor free, and will certify the copy upon request and Business Entities, P.0. Box 944228 1500 41th Street., 3rd Floor payment of a $5 certification fee. ' Sacramento, CA 94244-2280 Sacramento, CA 95al4 CorporationsCode§§17051,17052,17375,RevenueandTaxationCode§17941 LIC-1 (REV01/2013)
2013CalifomiaSecretaryofState
www.sos.ca.gov/business/be
Item 22.
ALL-PURPOSE ACKNOWLEDGMENT
State of Qzl'irorw'iQ
Countyof Riverab'i(!e
On (3yy ga%" ,'atoz.S before me, \FSr'i cxCx S . ocz
D'ate ' Name, Title of Officer
personallyappeared la.y'ia%lC!( Moyra'+'xe al a
NAME(S) OF SIGNER(S)
who provedto me on the basis of satisfactoryevidenceto be the person@)whose name(/) is/ie subscribedto the within instrumentand acknowledgedto methat td/she/t4y executedthesameinMs/her/tdirauthorized capacity(j@4), andthatby t/s/her/th!fir signatures(/) On the instrumentthe person6d),orthe entity uponbehalfofwhich the person(aQacted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
rs ARIANAS.NUNEZ
/'% , N%, - ,[_Ja COMR4.#2291986
cqC - VlLy_" Xxorasypuaic-*cabirophia5
-Signat-ureofNotary e- a% cBms.lvffimss-EQ-io
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATT ACHED
TO THE DOCUMENT Number of Pages ___ DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
1079714.1
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy or validity of that
document.
Item 22.
Exhibit "A"
to the Grant Deed
LEGAL DESCRIPTION OF THE RIGHT OF WAY
EXHIBIT "A"
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 18 0F TRACT NO 3430, IN THE CITY OF COACHELtA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 55, PAGES 67 AND 68 0F MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY
ASSeSSOr'S Parcel Number. 768-160-001
Exhibit "A"
1079714.1
Item 22.
EXHIBIT "B"
FORM OF GRANT DEED
(Exhibit "B" follows this page).
I I ill
ly I # I
Exhibit "B"
1079714.1
Item 22.
EXHIBIT "C"
RECORDING REQUESTED BY
City of Coachella
WHEN RECORDED RETURN TO:
City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Exempt from recordtng fees
under Government Code §6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
(Avenue 50)
APN: 768-160-001
For a valuable consideration, receipt of which is hereby acknowledged, RMM Investment Capital, LLC, (hereinafier "Grantor"), hereby GRANTS to the City of Coachella, (hereinafter "Grantee"), all rights, title and interest in the following described property for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Coachella, Riverside County, California, more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference.
GRANTOR:
RMM Investment Capital, LLC
Dated:)-J 91k,2,,2,= NBya:m%eoa.uo,,,El
Its:
BY:
Name:
Its:
Exhibit "C"
1079714.1
Item 22.
EXHIBIT D
DO NOT RECORD.
DO NOT SEND
TO IRS.
TRANSFEREE (BUYER)
MUST RETAIN FOR
SIX YEARS AFTER
THE TRANSACTION.
CERTIFICATION OF NON-FOREIGN
ST ATUS BY TRANSFEROR
1. Section1445ofthelnternalRevenueCodiprovidesthatatransferee(Buyer) of a U. S. real property interest must withhold tax if the transferor (Seller) is a foreign person
(hereinafter referred to as "the Transferor"), the
undersigned hereby certifies, and declares by means of this certification, the following on behalf of the Transferor:
A. The one item marked below is true and correct:
X (l) The Transferor is not a foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as these terms are defined in the Internal
Revenue Code and Income Tax Regulations).
(II) The Transferor is a corporation incorporated under the laws of a foreign jurisdiction but has elected to be treated as a U. S. corporation under Section 897(i) of the Internal Revenue Code, AND HAS ATTACHED TO THIS
CERTIFICATE A TRUE AND GENUINE COPY OF THE
ACKNOWLEDGMENT OF SUCH ELECTION ISSUED
BY THE IRS.
B. The Transferor's social security number is
3. The Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained in this certification may be punished by fine or imprisonment (or both)
4. The Transferor understands that each transferee is relying on this certijicate in determining whether withholding is required and each transferee may face liabilities if any statement in this certificate is false.
5. The Transferor hereby indemnifies each transferee, and agrees to defend and hold each transferee harmless, from any liability, cost, damage, or expense which such transferee may incur as a result or:
Exhibit "D"
1079714.1
Item 22.
A. theTransferor'sfailuretopay.anyU.S.Federalincometaxwhichthe Transferor is required to pay under applicable U. S. law, or B. any false or misleading statement contained herein.
Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete; I Further declare thatl have authority to sign this document on behalf of the Transferor.
EXECUTED in 'RS'/rk bE County, State of (-AL-1!T4/S/)A
on l'(m s> >zg
Transferor:
BY:
Title:
Exhibit "D"
1079714.1
Item 22.
EXHIBIT E
HAZARDOUS SUBST ANCE DEFINITION
The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the statutes or regulations listed below and any and all of those substances included within the definitions of "hazardous substances", "hazardous materials", "hazardous waste", "hazardous chemical substance or mixture", "imminently hazardous chemical substance or mixture", "toxic substances", "hazardous air pollutant", "toxic pollutant" or "solid waste" in the statues or regulations listed below.
Hazardous Substances shall also mean any and all other similar terms defined in other federal state and local laws, statutes, regulations, orders or rules and materials and wastes which are, orin the future become, regulated under applicable local, state or federal lawTor the protection of health or the environment or which are classified as hazardous or toxic substances, materials or waste, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste.
In addition, a Hazardous Substance shall include:
(1) A "Hazardous Substance", "Hazardous Material" "Hazardous Waste", or "Toxic Substance" underthe Comprehensive Environmental Response, Compensation and Liability Act of 'l 980, 42 u.s.c. §§ 9601, et ., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et ., or the Resource Conservation and Recovery Act, 42 (2) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 u.s.c. § 1321, as well as any other hydrocarbonic substance or by-product;
(3) Listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity;
(4) A material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated,including remediation which such law or public agency requires in orderforthe property to be put to any lawful purpose;
Exhibit "E"
1079714.1
Item 22.
(5) Anymaterialthepresenceofwhichwouldrequireremediation,whetherornot the presence of such material resulted from a leaking underground fuel tank; (6) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 u.s.c. §§ 136 et .;
(7) Asbestos,PCBs,andothersubstancesregulatedundertheToxicSubstances Control Act, 15 u.s.c. §§ 2601 et .;
(8) Any radioactive material including, without limitation, any "source material", "special nuclear material", "by-product material", "low-level wastes", "high-level radioactive waste", "spent nuclear fuel" or "transuranic waste", and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 u.s.c. §§ 2011 et ., or the Nuclear Waste Policy Act, 42 u.s.c. §§ 10101 et sg. (9) Industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and RecoveryAct, 42 u.s.c. §§ 6901 eat All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and/or definition of Hazardous Substance defined herein.
Exhibit "E"
1079714.1
Item 22.
STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E. City Engineer
SUBJECT: Approving A Resolution of The City of Coachella City Council Summarily Vacating All Right of Way Interest of Said City for Street Easements Located on Assessor Parcel Number 778-081-003.
STAFF RECOMMENDATION:
Approve Resolution No. 2023-37, a Resolution of the City of Coachella, California, summarily vacating all right-of-way interest of said City for Street Easements.
BACKGROUND:
Chelsea Investment Corporation proposes to build an affordable housing complex known as Tripoli apartments with property frontage on Sixth Street, Tripoli Way, Bagdad Avenue and Cesar Chavez Street. A portion of this proposed development is encumbered by an easement as described and depicted in Exhibits A and B, attached to Resolution No. 2023-37. These easements were originally intended for public right-of-way use for a potential future alley. However, the easements have not been developed in accordance with its acquired purpose and no maintenance efforts or money has been expended in promoting the easement for its intended use. The easement has no public utilities and currently exists as an unimproved, unmaintained and inaccessible dirt area.
The development of the Tripoli apartment facility will vacate any public purpose of the easement.
In order for Tripoli to install decorative wrought iron fencing along their frontage and provide a secure facility, it is recommended that the City approve the vacation of the easement area.
ANALYSIS:
In order for the City to officially vacate the 20 foot public right-of-way easement the City Council mustfirst hold a public hearing for the street easement vacation to consider the evidence offered by any interested person. Followed by the adoption of an ordinance or resolution based upon the evidence that the said street easement is unnecessary for present or future Public Street purposes (Streets and Highways Code Section 8322).
The Streets and Highways Code requires public notice to be posted or published for at least two (2) successive weeks before passage of the ordinance or resolution, and notices of the street vacations shall be posted in a conspicuous place at least two (2) weeks before the date set for the
Item 23.
hearing.
The City Engineer and Staff have analyzed the proposed street easement vacation with respect to the City’s present and future need for the 20 foot public right-of-way easements for public street purposes and public utility easement. Staff is in agreement that vacation of this street easement is in the interests of the City of Coachella and its citizens.
FISCAL IMPACT:
This summary vacation will have no fiscal impact to the City’s General Fund.
ATTACHMENTS:
1. Resolution 2023-37
Item 23.
RESOLUTION NO. 2023-37
A RESOLUTION OF THE CITY OF COACHELLA CITY COUNCIL
SUMMARILY VACATING ALL RIGHT OF WAY INTEREST OF SAID
CITY FOR STREET EASEMENTS LOCATED ON ASSESSOR PARCEL
NUMBER 778-081-003
WHEREAS, the City council of the City of Coachella, California, is granted the authority to vacate any street right-of-way or utility easement or a part of any street right-of-way or utility easement within the limits of the City by section 8312 of the Streets and Highways Code; and, WHEREAS, this proceeding is being conducted under part 3 of the Public Street, Highways and Service Easements Vacation Law of the Streets and Highways Code; and, WHEREAS, it is the intention of the City Council of the City of Coachella to vacate the street easements within the City limits of the City of Coachella, California, as shown on Exhibits A and B, which describe and depict an unimproved roadway easement approximately 129 feet in length and 20 feet wide positioned East of Cesar Chavez Street, South of Sixth Street and North of Bagdad Avenue; and
WHEREAS, the City Council of the City of Coachella, finds that there are no in-place public utilities that would be affected by the vacation; and, WHEREAS, the City Council of the City of Coachella finds that the easement has not been used nor maintained for its dedicated or acquired purpose for five (5) consecutive years immediately preceding the proposed vacation; and,
WHEREAS, the City Council of the City of Coachella, finds that no public money has been expended for maintenance on the street easement during such period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella does hereby signify and declare its intention to vacate the street and utility easements herein above referred to and more particularly described on Exhibits A and B attached; and, BE IT FURTHER RESOLVED that the 28th day of June, 2023, at the hour of 6:00 p.m. of said date, in the City Council Chamber of Coachella, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the said proposed street easement vacation, said time being not less than fifteen (15) days from the date of the adoption of Resolution 2023-37; and,
BE IT FURTHER RESOLVED that the City Clerk of the City of Coachella, California, is hereby directed to cause this Resolution of Intention to be published in the manner prescribed by Section 8322 of the Streets and Highway Code.
Item 23.
Resolution No. 2023-37
PASSED, APPROVED and ADOPTED this 28
th day of June 2023
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 23.
Resolution No. 2023-37
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-37 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 28 th day of June
2023 by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 23.
Resolution No. 2023-37
Item 23.
Resolution No. 2023-37
Item 23.
CITY OF COACHELLA, CA
COMMUNITY BASED GRANT PROGRAM
APPLICATION FOR FUNDS REQUEST
Please Type Information and Print
Information entered in the provided spaces cannot be saved. (Attach additional pages as needed, however applicants are encouraged to be brief.)
1. Application Funding Cycle: Date: 06/09/2023
July 1, 20� - June 30, 20�
2. Total Amount Requested: $1,000
If requesting waiver of City fees or charges, please indicate the City service for which the waiver is being requested. N/A
3. Proposed Program/Service of Funding Request:
Two scholarship awards for City of Coachella residents.
4. Agency/Organization:
Theresa A. Mike Scholarship Found.
5. Mailing Address:
46-200 Harrison Place
City: CoacheJlaZip: 92236
6. Telephone:(442) 241-6151
Fax:
7. Official Contact Person:
Name: Makeyli Alvarez Marroquin
Title: Executive Director
Telephone: (442) 241-6151
Fax:
E-mail: [email protected]
Item 24.
Item 24.
Item 24.
Item 24.
Item 24.
STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
SUBJECT: Authorize a Community Based Grant to the Theresa A. Mike Scholarship Foundation in the Amount of $1,000 to Fund Two Scholarships for Coachella Residents
STAFF RECOMMENDATION:
Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to the Theresa A. Mike Scholarship Foundation in the amount of $1,000.00 to fund two scholarships to Coachella residents.
BACKGROUND:
The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.
DISCUSSION/ANALYSIS:
The Theresa A. Mike Scholarship Foundation is a nonprofit organization that awards individual scholarships to full time, enrolled tribal members of any tribe across the United States, and/or full time non-native students from the Coachella Valley and the Morongo Basin. It was established in honor of Theresa Mike’s legacy and dreams and honors commitment to developing a sense of cultural richness, history and future for the people of her tribe. Since it was created, the Foundation has awarded more than $800,000 to help deserving scholars fund their educational dreams.
Item 24.
ALTERNATIVES:
1. Authorize a Community Based Grant to the Theresa A. Mike Scholarship Foundation in the Amount of $1,000 to Fund Two Scholarships for Coachella Residents Do not award the Theresa A. Mike Scholarship Foundation a Community Based Grant.
2. Do Not Authorize a Community Based Grant to the Theresa A. Mike Scholarship Foundation FISCAL IMPACT:
If the Council approves the staff recommendation, the Community Based Grant account will be reduced by $1,000.00.
ATTACHMENTS:
1. Community-Based Grant Program Application
Item 24.
Item 25.
Item 25.
Item 25.
Item 25.
Item 25.
Item 25.
STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
SUBJECT: Authorize a Community Based Grant to Read With Me Volunteer Programs in the Amount of $1,000 to Purchase 300 Books for Students Attending Schools in the City of Coachella
STAFF RECOMMENDATION:
Staff recommends that the City Council consider awarding a Community Based Grant (CBG) to Read With Me Volunteer Programs in the amount of $1,000.00 to purchase books for students attending schools in the City of Coachella.
BACKGROUND:
The Community Based Grant Program was established in 2010 and allows the City of Coachella to offer financial assistance to local nonprofit organizations, schools, youth-serving organizations, and other community-based organizations that provide essential services, programs and activities to residents in Coachella. Applicant organizations are only eligible to submit one application for consideration each fiscal year and must be legally established with non-profit or tax-exempt status, be based in the Coachella Valley, or provide direct service to Coachella residents. Approval of grant funds does not constitute a precedent for grant allocations in subsequent years. All CBG grants are reimbursement grants to ensure that applicants are meeting their stated goals. The FY 22-23 budget includes an allocation of $15,000 for the Community Based Grant Program.
DISCUSSION/ANALYSIS:
Read with Me Volunteer Programs is a 501(c)(3) nonprofit organization established in 2004 and brings volunteers from eleven sponsoring churches to fourteen different schools. The schools are all in areas of high need and high poverty. Read With Me Volunteer Programs is requesting grant funding support from the City of Coachella to offset the cost of purchasing books for students attending schools in the City of Coachella during Dr. Seuss week and at the end of the school year.
Item 25.
ALTERNATIVES:
1. Authorize a Community Based Grant to the Read With Me Volunteer Programs in the amount of $1,000.00.
2. Do Not Authorize a Community Based Grant to the Read With Me Volunteer Programs at this time
FISCAL IMPACT:
If the Council approves the staff recommendation, the Community Based Grant account will be reduced by $1,000.00.
ATTACHMENT:
Community-Based Grant Program Application
Item 25.
STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Professional Service Agreement with Heptagon Seven to develop final Plans, Specifications and Engineer’s Estimates for the Bagdouma Park Restroom Projects, City Projects P-30 and P-32.
STAFF RECOMMENDATION:
Authorize the City Manager to use on-call Professional Service Agreement with Heptagon Seven in an amount of $39,800 plus 20% contingency to develop final Plans, Specifications and Engineer’s Estimates (PS&E) for the Bagdouma Park Restroom Projects, City Projects P-30 and P-32.
BACKGROUND:
The County of Riverside and City of Coachella executed a Cooperation Agreement, dated July 1, 2018 for the Community Development Block Grant, Home Investment Partnership Program and Emergency Solutions Grant, whereby the City elected to participate with the County and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974.
On February 24, 2021 and November 10, 2021, City Council adopted Resolutions 2021-15 and 2021-69, respectively, approving a Supplemental Agreement with the County of Riverside for use of Community Development Block Grant (CDBG) funds for the Bagdouma Restroom Projects.
To expedite the projects and maximize funding the City will design and construct the two projects simultaneously. The project will add a restroom and concession stand by the soccer fields located on the southeast corner of Avenue 51 and Frederick Street and replace an existing restroom next to the basketball courts located on the northeast corner of Avenue 52 and Frederick Street.
DISCUSSION/ANALYSIS:
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 Heptagon Seven. The qualified firms were evaluated and Heptagon Seven was selected based on experience, schedule and familiarity with the area. Heptagon Seven has previous experience working on the basketball courts and is familiar with area and City standards and specifications. This will provide an expedited timeline and a high-quality set of plans.
Item 26.
FISCAL IMPACT:
No fiscal impact to CIP FY 23/24 budget. Design services and contingencies in the amount of $47,760 are within appropriated budget and shall be funded by Fund 126 (Park DIF).
ATTACHMENTS:
1. Heptagon Seven Proposal
2. Heptagon Seven PSA
Item 26.
8413 E Baseline Road
Suite 106
Mesa, AZ 85209
Phone: 760.902.9367
May 25, 2023
Ms. Brianna Greenwood
Assistant Engineer
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Sent Via Email
Subject: Proposal for Engineering and Landscaping Services for the Bagdouma Park Restroom Upgrades Project, Coachella CA
Dear Brianna:
Heptagon Seven Consulting is pleased to submit our proposal for engineering and landscape architecture services associated with the replacement of the sports court restroom and installation of a concession stand and restroom building at the soccer fields at the Bagdouma Park in the City of Coachella. Our proposal has been prepared in accordance with the RFP issued by the City for this project.
We understand that the City is using their On-Call Consultant roster for proposals on this project. In addition, the following is our understanding of what the City is proposing for the building installations along with insights on each location. This project will install three new prefabricated structures on the Bagdouma Park site, two (2) restrooms and one (1) concession stand and provide the necessary pedestrian/ADA and parking lot improvements to accommodate the proposed buildings. Per the RFP, the project budget of $1,329,000 and is funded through the Community Development Block Grant (CDGB). Due to the funding source, all applicable services noted herein will be paid at prevailing wage.
Sports Court Restroom Replacement
The City is in the process of completing a sports court renovation at the southern restroom location. For this
location, there is an existing AT&T cell tower and
building located adjacent to the existing restroom
facility. This AT&T building will need to be protected in place during the construction operations for the
restroom replacement. From our work on the sports
court project, we know that the electrical service for the building is fed from the electrical panel located
immediately east of the existing building, which will be replaced with a free-standing electrical meter pedestal.
With most prefabricated buildings, the structure will come out in units, complete with a floor.
Therefore, the removal of the existing building will require the removal of the structure and foundation.
In addition, the plans will note the replacement of the utility services under the new building footprint.
Since the area around the existing restroom facility is decomposed granite (DG) covered, we are not anticipating any new landscaping for this location, only restoration of DG.
Item 26.
Bagdouma Park Restroom Upgrades
Heptagon Seven Proposal
Soccer Field Concession Stand & Restroom Buildings
Per the RFP, the City would like to install one concession stand and one restroom facility at the west side of the soccer fields. As part of the scope of work for this location, Heptagon Seven would appropriately locate each of the
buildings to provide maximum exposure and use for the
patrons of the soccer facility while minimizing the overall impact to the site, thus managing the overall project costs.
Spotting of the buildings will require a review of existing electrical services and soccer field lighting location, accessibility to the pedestrian walkway, and accessibility to both sewer and water mains. The parking lot west of the fields sits approximately four to five feet above the play surface, so any building placement parallel with the parking lot would either encroach into the play green space or require modifications to the parking lot. A possible location for the two structures that may minimize the impacts to both the soccer field and parking lot would be closer to the electrical enclosure for the soccer field lighting.
At the soccer field location, Heptagon Seven will coordinate with IID to provide a new electrical service for both buildings.
It is assumed that the concession stand and restroom
buildings will be located next to each other, with the
concession stand building housing the electrical panel and meter for both buildings. In addition, the plans will include the installation of the required water and sewer service connections.
Based on our current experience with prefabricated
buildings, it is highly advisable for the City to select the preferred units and acquire those buildings prior to the bidding of the installation work, as the lead time for delivery can be up to 8 months following placement of the order.
The following is our proposed scope of services and associated fees:
SCOPE OF WORK:
TASK 1: PROJECT MANAGEMENT
Consultant will manage project management duties for the duration of the project in order to assure a cost-efficient, quality design process. Our staff will effectively coordinate and communicate the project with City Staff and necessary agency partners from inception to final approval. Project Management activities will begin at the project initiation and will not end until construction activities have concluded.
Consultant utilizes a hands-on approach to our business and thus our principal will be actively involved for the duration of the project.
Agency Coordination. Consultant will coordinate with appropriate City Department and agencies through regular meetings and direct contact. Concerns and issues expressed by agency representatives will be documented in a database to ensure that expressed concerns are recorded, communicated all interested agency partners, and addressed. Consultant will specifically coordinate with IID early in the design process to ensure a timely delivery of all undergrounding plans.
Quality Control/Quality Assurance. All reports, plans, specifications and other deliverables are reviewed by a dedicated Quality Control Manager prior to submittal to the City. The review of the plans and specifications will also include a constructability review.
Item 26.
Bagdouma Park Restroom Upgrades
Heptagon Seven Proposal
TASK 2: TOPOGRAPHIC BASE MAP
Consultant will provide a field topographic survey to collect existing features within proposed construction areas. The collected feature shall include but are not limited to surrounding street curb and gutter, building footprint, existing utility manholes, valves and above ground structures, irrigation values, top of curb, flow line of valley gutters, walls, all above ground features / structures and other hardscape features. The Consultant will deliver a topographic base file, land base file depicting center, section and right of way lines. Following the gathering and processing of the field topographic data, Consultant will prepare a base map containing information such as parcel lines and underlying easements, if readily available through recorded maps.
TASK 3: UTILITY RESEARCH AND COORDINATION
Consultant will review existing utility data available from the City from Record Plan drawings and through requested utility plat information for the park site.
Utility Outreach. Immediately following processing of a Task Order, Consultant will prepare Utility Information Request letters to be sent to various utility companies, along with the base plans, requesting the utility facility maps (“Atlas Maps” and Record drawings) within the project limits.
Following receipt of all utility plats, Consultant will field verify, to the extent possible, the accuracy of the existing utility base information.
Utility Base File. Based on the City and utility company provided information, Consultant will prepare a utility base file noting the approximate location of each utility facility on and adjacent to the building sites.
Utility Service Coordination. Following the concurrence on the final project scope of work by the City, Consultant will initiate design coordination activities with those utilities who prepare their own design plans (Imperial Irrigation District (IID), Frontier Communications and Spectrum) for new the underground services. The initiation of the agency designed facilities will be necessary to assist in determining overall project costs as well as to obtain design information on a timely basis for construction activities. Consultant will coordinate with all utility relocation/undergrounding up through the completion of contract documents and plans.
TASK 4: PREFABRICATED BUILDING COORDINATION
Consultant shall coordinate with prefabricated building vendors to obtain proposed floorplans and pricing for each of the proposed building structures. In addition, the Consultant will work with each vendor on the possible building enhancements to meet the City’s architectural standards. If the City elects to pre-purchase the prefabricated buildings due to the long lead time for delivery, Consultant will assist with the procurement process.
TASK 5: CONCEPTUAL SITE PLAN
Consultant will prepare a combination civil and landscape conceptual site plan. The conceptual plan will depict proposed building locations and other required ADA, parking lot and landscape improvements.
Consultant will provide up to two revisions of the concept plan. Concept plans will be provided to the City via PDF, on an 11”x17” sheet format.
TASK 6: GEOTECHNICAL ANALYSIS
Consultant proposes to explore the subsurface conditions by drilling three (3) to five (5) hand auger borings to a depth of 6 to 10 feet below existing surface. Undisturbed and disturbed soil samples will be recovered for laboratory testing. Standard Penetration Tests (SPT) in accordance with ASTM procedure D1586 will also be conducted. A staff engineer or geologist will maintain a continuous log of the soils encountered and obtain samples for visual classifications and subsequent laboratory testing.
Item 26.
Bagdouma Park Restroom Upgrades
Heptagon Seven Proposal
Laboratory Testing. In-situ samples will be recovered to perform the following:
• Moisture Content & Unit Weight
• Gradation
• Collapse Potential
• Corrosion Potential
• R-Value
The laboratory testing program may be modified based on subsurface conditions encountered.
To summarize the project finding, Consultant will prepare a geotechnical report that describes the work performed, the subsurface soils conditions encountered, and presents the findings of our work, along with professional opinions regarding project design.
The project specific report will address the following:
• feasibility of site for proposed construction;
• identification and mitigation of geologic and seismic hazards, including liquefaction study; • recommendation for foundation design, including allowable bearing pressures, estimated total and differential settlement;
• recommendation for lateral pressures;
• recommendations for site preparation and engineered fill placement, including a description of the on-site soils and the suitability of these soils for use in compacted fills; • recommendations for slab-on-grade, including damp proofing or waterproofing interior slabs; • discussion of the sulfate content of the on-site soils and preliminary recommendations for concrete in contact with soil;
• recommendations for imported fill (if required) for use in backfills; and • recommendations for preliminary pavement structural sections.
TASK 7: ARCHITECTURAL RENDERINGS
Consultant shall prepare 3D architectural renderings depicting the proposed site buildings and landspace. For each location, Consultant will prepare up to three (3) rendered views for a total of six (6) colored renderings for the full project. In addition, Consultant will provide two revisions to the renderings for the City’s use on the approval of the project. Consultant will use an existing site picture for the background of the rendering.
TASK 8: FINAL IMPROVEMENT PLANS
Based on the City approved Concept Plan, Consultant will prepare precise grading plan for the proposed site improvements, which will include but not be limited to one removed and replaced restroom, one new restroom facility and one new concession stand facility, and sidewalk / ADA and parking lot improvements to accommodate the proposed buildings. The plan will also contain a private utility sheet depicting the private sewer and water connections from the buildings to the water and sewer main facilities. The plan set will consist of a title sheet, removals, grading, miscellaneous details, horizontal control plan, private utility plan and striping plan (as needed). All plans will be prepared utilizing AutoCAD software and at an appropriate scale in conformance with City Standards. Plans will be submitted for City Review via an electronic submittal (PDF file) on 24x36 plan sheets.
TASK 9: LANDSCAPE PLANS
Consultant will prepare final landscape showing new plant material, irrigation, construction details and general construction specifications for incorporation into the final bid set. The landscape plans will only include improvements around the proposed restroom and concession stand buildings at the soccer fields.
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Bagdouma Park Restroom Upgrades
Heptagon Seven Proposal
Irrigation Plans: includes diagrammatic layout at 1” = 20’ of landscape irrigation piping, valves, control equipment, sprinkler heads, and related equipment for the irrigation of planted areas, specifically calling out pipe and equipment sizing and types, brand and model. This will also include necessary details for the installation of the system, and coordination with all consultants for conflicts.
Final Landscape Plans: prepare a final landscape plan, which will include plans at a scale of 1” = 20’ indicating the location and arrangement of all plant materials.
TASK 10: COST ESTIMATE
Consultant will prepare an Engineers Estimate of Probable Construction Costs for the proposed improvements based upon the approved preliminary design plans utilizing the current edition of the Caltrans Contract Cost Data Book and recent bid information from area bids for unit costs. The construction cost estimate will be updated at each plan submittal stage including the concept plan.
TASK 11: SPECIFICATIONS
Using the City provided “Boilerplate” bid package and project specifications, Consultant shall prepare the technical specifications for each item of work in the Project not sufficiently covered by the Standard Specifications (Greenbook). The Consultant shall also prepare the bid schedule, update any utility relocation requirements for the project, review and modify the traffic control and staging for the project and determine the liquidated damages and working days for the proposed construction work.
TASK 12: BIDDING ASSISTANCE
Consultant will assist the City with the bidding and award process for this project. These services will be performed on a Time and Material (T&M) basis.
Activities associated with this task include but are not limited to:
• Bid Support. All key team members will be available to attend a pre-bid meeting. • Respond to Inquiries. Consultant will respond to bidder inquiries by phone or email. • Prepare Addenda. Consultant will prepare addenda as requested by the City. • Review/Recommended Award. Consultant will assist in recommendation for award.
For this task, Consultant assumes 6 total hours, to be billed Time and Materials at a rate of $200 / hour.
TASK 13: POST DESIGN SERVICES
Consultant will assist project staff with construction support services. Upon request from City staff the following will be provided:
• RFI documentation and response to questions regarding construction documents; • Periodic site visits during construction, as requested; • Input from the consultant regarding change orders;
• Final project review to ensure plan conformance; and
• Prepare Record Drawings based on Contractor As-Built plans.
For this task, Consultant assumes 10 total hours, to be billed Time and Materials at a rate of $200 / hour.
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8413 E Baseline Road
Suite 106
Mesa, AZ 85209
Phone: 760.902.9367
PROJECT FEE
Task 1 Project Management $2,800
Task 2 Topographic Base Map $2,900
Task 3 Utility Research & Coordination $1,900
Task 4 Prefabricated Building Coordination $1,600
Task 5 Conceptual Site Plan $2,400
Task 6 Geotechnical Report $7,000
Task 7 Architectural Renderings $2,800
Task 8 Final Plans $10,500
Task 9 Landscape Plans $2,100
Task 10 Cost Estimate $1,200
Task 11 Specifications $1,400
Task 12 Bidding Assistance (T&M) $1,200
Task 13 Post Design Services (T&M) $2,000
TOTAL $39,800
Thank you for the opportunity to provide you with a proposal on this work. Please review the scope of work and fee and let me know if you have any comments or questions.
Sincerely,
Brad Donais, PE
Principal
Heptagon Seven Consulting, Inc.
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STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Lizzandro Diaz, Building Official
SUBJECT: Professional Service Agreement with Access Services Plus to provide the City with an American with Disabilities Act (ADA) Self-evaluation and Transition Plan.
STAFF RECOMMENDATION:
Authorize City Manager to execute a Professional Service Agreement with Access Services, Plus to prepare an ADA transition plan as required by the State of California. This plan is an essential document that outlines the strategies and steps the City will take to comply with the Americans with Disabilities Act.
BACKGROUND:
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA provides civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.
DISCUSSION/ANALYSIS:
As California works towards enhancing accessibility for all, the City of Coachella recognizes the value and importance of developing an ADA Transition Plan. This plan is necessary to ensure that city facilities, parks, sidewalks, electronics, and communications are fully compliant with the ADA and meet the disability community's needs as much as possible.
The plan will be implemented by engaging the services of consultants specializing in ADA compliance. The consultants will conduct a comprehensive survey of facilities and outdoor areas within the city, as well as analyze existing plans, policies and practices. Once the survey is completed, they will develop tailored recommendations to make all city facilities, outdoor areas
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pedestrian paths, and electronics fully accessible, utilizing best practices and state-of-the-art designs. The report will outline a comprehensive action plan for implementation, and will set out metrics for measuring success, ensuring compliance with the ADA. The project will be funded under the city budget to ensure that the costs of compliance are met responsibly and efficiently.
FISCAL IMPACT:
There will be a fiscal impact to the FY 22/23 of $45,000 coming from surplus funds from the Building Departments Professional/Contract Services account. The contract is in the amount not to exceed $45,000.
ATTACHMENTS:
1. Professional Service Agreement – Access Services, Plus
2. Exhibit “A” Scope of Services
3. Exhibit “B” Proposals from Consultants
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CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
CITY OF COACHELLA PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this June day of 29, 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 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and Access Services, Plus, a LIMITED LIABILITY COMPANY, with its principal place of business at 1548 Columbia St., Redlands, CA 92374 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing accessibility consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the American with Disabilities Act compliance and transition project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional accessibility consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to December 1, 2023, unless earlier terminated as provided herein.
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3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation for hereunder shall not exceed forty five thousand dollars ($45,000.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City.
Consultant represents that it has the professional and technical personnel required to perform the
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Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Daniel F. Kaiser.
3.3.5 City's Representative. The City hereby designates Lizzandro Diaz, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Daniel F. Kaiser, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any
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employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following:
(1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
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3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant 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.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
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3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All
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policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
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3.4.4 Labor Certification. By its signature hereunder, Consultant 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 Worker's 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 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant 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.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a
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final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Consultant 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. Consultant 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.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below.
Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 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:
Consultant: Access Services, Plus
1548 Columbia St., Redlands, California 92374
ATTN: Daniel F. Kaiser
City: City of Coachella 1515 6th Street, Coachella, CA 92236 ATTN: Lizzandro Diaz
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 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 Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project.
Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be
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responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant 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 Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant 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.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 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.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ 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
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such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services 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.
3.7.13 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 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
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given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 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.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants 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.
3.7.19 Authority to Enter Agreement. Consultant 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.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
3.7.22.1 Amendment(s)
3.7.22.2 This Agreement
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SERVICES BETWEEN THE
CITY OF COACHELLA AND ACCESS SERVICES, PLUS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA Access Services, Plus
Approved By:
Gabriel Martin Daniel F. Kaiser
City Manager
President
Title
Approved as to Form:
Best Best and Krieger, LLP
City Attorney
Attested By:
City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
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Exhibit “B” Proposals
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STAFF REPORT
5/24/2023
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Community Facilities District (CFD No. 2005-01) Annexation 35 – (Tripoli Apartments)
SPECIFICS: Ordinance No. 1203 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 35 Annexed to Said District (2nd Reading)
STAFF RECOMMENDATION:
Staff recommends that the City Council open the public hearing and take the following actions:
1) Adopt Ordinance No. 1203 Authorizing the Levy of a Special Tax within Annexation Area No. 35 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 April 19, 2023, the City Council adopted Resolution No. 2023-19 stating its intention to annex certain property (APN# 778-081-003 and -001), consisting of Tripoli Apartments (“Annexation Area No. 32”) into the District pursuant to the Act. A copy of Resolution No. 2023-19 which includes a description and map of Annexation Area No. 35, 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. 22-04, which includes construction of a new 108-unit multifamily residential community on 2.8 acres located at the northeast corner of Cesar Chavez Street and Bagdad Avenue, the project site must be annexed into the City-wide Community Facilities District (CFD No. 2005-01). The City Council took the first
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step in this process by adopting a resolution of intention on April 19, 2023 (Resolution No. 2023- 19) describing the property in question for 108 units. The second phase of the development will be part of a separate CFD annexation area and special election.
The resolution of intention affirmed the Annexation 35 Map, and the rate and method of tax collection for the annexed property. The CFD is collected through the annual property tax assessment rolls and, for this project, may be subject to a subsequent Agreement for deferral of assessments. The City Council held a public hearing on May 24, 2023 and adopted the following resolutions and introduced Ordinance No. 1203:
Resolution 2023-34 of the City Council Determining the Validity of Prior Proceedings relating to Annexation of Property (Annexation 35) in the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services).
Resolution 2023-35 of the City Council acting on Behalf of the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) Calling a Special Election within Annexation Area 35.
Resolution 2023-36 of the City Council acting on Behalf of the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) Canvassing the Results of the Election Held Within Annexation Area No. 35 Annexed to Said District.
Ordinance No. 1203 – Introduce an Ordinance of the City Council acting on Behalf of the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) Authorizing the Levy of a Special Tax Within Annexation Area No. 35 Annexed to Said District (First Reading).
The City Council will need to adopt Ordinance No. 1203 by second reading to levy the special tax for Annexation No. 35.
FISCAL IMPACT:
The attached resolutions and ordinance actions would pave the way to annex the Tripoli Apartments site (Annexation No. 35) 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 Ordinance 1203 for 2nd Reading.
2. Continue this item and provide staff with direction.
3. Take no action.
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RECOMMENDED ALTERNATIVE(S):
Staff recommends alternative #1.
Attachments:
1. Ordinance No. 1203 (2nd Reading)
2. Exhibit A - Rate and Method (CFD 2005-01)
3. Exhibit B - CFD Annexation Map 35
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ORDINANCE NO. 1203
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. 35 ANNEXED TO SAID DISTRICT
WHEREAS, on April 19, 2023, the City Council (the “Council”) of the City of Coachella, California (the “City”), adopted Resolution No. 2023-19 stating its intention to annex certain properties, consisting of Tripoli Apartments (“Annexation Area No. 35”), 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. 35 into the District; and
WHEREAS, on May 24, 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. 35 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. 35 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. 35 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-34 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 35, annexed Annexation Area Nos. 35, into the District and authorized the levy of a special tax within Annexation Area No. 35; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-35 which called an election within Annexation Area No. 35, for May 24, 2023 on the proposition of levying a special tax; and
WHEREAS, on May 24, 2023 an election was held within Annexation Area No. 35, 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. 35 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. 35 prior to the annexation of Annexation Area Nos. 35, 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. 2023-19 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 28th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Steven Hernandez, Mayor
ATTEST:
_____________________________
Delia Granados, Deputy City Clerk
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APPROVED AS TO FORM:
______________________________
Carlos Campos, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF COACHELLA )
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I, Delia Granados, 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. 1203 duly passed and adopted at regular meeting of the City Council of the City of Coachella, California held on the 28th day of June 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. 1203
NOTICE IS HEREBY GIVEN that on May 24, 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. 1203. A summary of Ordinance No. 1203 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. 1203 was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By: Delia Granados, Deputy City Clerk
City of Coachella
Dated: June 28, 2023
Item 28.
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. 35 Annexed
to City of Coachella Community
Facilities District No. 2005-1 (Law
Enforcement, Fire and Paramedic
Services)
) ORDINANCE NO. 1203 SUMMARY
)
)
)
)
)
)
The ordinance authorizes the levy of an annual special tax within Annexation Area No. 35 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. 35, prior to the annexation of Annexation Area Nos. 35, 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. 35.
By: Delia Granados, Deputy City Clerk
City of Coachella
Dated: June 28, 2023
Item 28.
CESAR CHAVEZ (HARRISON)
6TH STREET (1ST STREET SOUTH)
TRIPOLI AVENUE
BAGDAD AVENUE
7TH STREET
ANNEXATION MAP NO. __
IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PUEBLO VIEJO VILLAS - PARCEL 1 OF PARCEL MERGER 2023-01 FILED IN THE OFFICE OF THE CITY CLERK THIS ____ DAY OF _______________, 20_____.
I HEREBY STATE THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. __, TRIPOLI APARTMENTS, TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), CITY OF
COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF ___________, 2023, BY ITS RESOLUTION NO. ________.
_________________________________________
ANGELA ZEPEDA
CITY CLERK
CITY OF COACHELLA
SHEET 1 OF 1
COMMUNITY FACILITIES DISTRICT NO 2005-01
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
LEGEND
ASMT. NO.
1ST ST
2ND ST
3RD ST 4TH ST
5TH ST 6TH ST
7TH ST
8TH ST
PALM AVE
ORCHARD ST
DATE AVE
BAGDAD AVE
SHADY LN
VINE AVE
111
CESAR CHAVEZ (HARRISON ST)
NOT TO SCALE
NOT TO SCALE
VICINITY MAP
COACHELLA TRIPOLI WAY
GRAPEFRUIT BLVD
SITE
FILED THIS ______ DAY OF __________________, 2023, AT THE HOUR OF ___________ O'CLOCK _____ M. IN THE BOOK ____ PAGES _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AND AS INSTRUMENT NO. _______________________ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
_________________________________________
PETER ALDANA
ASSESSOR - COUNTY CLERK - RECORDER
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
REFERENCE IS MADE TO THAT BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) OF THE CITY
OF COACHELLA RECORDED WITH RIVERSIDE COUNTY RECORDERS OFFICE ON SEPTEMBER 7, 2005, IN BOOK 63 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT, PAGE 1000, AS INSTRUMENT NO. 2005-0737672.
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM
SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSORS MAPS FOR THOSE PARCELS LISTED.
THE RIVERSIDE COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMESNIONS OF SUCH LOTS OF PARCELS.
ASSESSOR'S PARCEL NO. ACREAGE
1 778-081-001 0.28± ACRES
# ASSESSMENT NUMBER
ASSESSMENT BOUNDARY
1 SCALE: 1"=50'
50 25 0 50 100 150
SCALE: 1"=50'
2 2 778-081-003 2.48± ACRES
TOTAL 2.76± ACRES
Item 28.
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
Item 28.
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
Item 28.
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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Item 29.
STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: William Pattison, Interim Finance Director
SUBJECT:
SPECIFICS:
Annual Investment Policy Update:
a) Resolution No. 2023-47, a Resolution of the City Council of the City of Coachella
b) Resolution No. WA-2023-03, a resolution of the Coachella Water Authority
c) Resolution No. SD-2023-03, a resolution of the Coachella Sanitary District
d) Resolution No. FD-2023-03, a resolution of the Coachella Fire Protection District
STAFF RECOMMENDATION:
1. Approve Resolution No. 2023-47, a Resolution of the City Council of the City of Coachella, California to Amend and Reestablish the Investment Policy Originally Adopted July 9, 2003 and Amended Annually by the City Council for fiscal year 2023- 2024.
2. Approve Resolution No. WA-2023- 03, a Resolution of the Board of Directors of the Coachella Water Authority, Coachella, California to Amend and Reestablish the Investment Policy Originally Adopted July 9, 2003 and Amended Annually by the Authority Board for fiscal year 2023-2024.
3. Approve Resolution No. SD-2023-03, a Resolution of the Board of Directors of the Coachella Sanitary District, Coachella, California to Amend and Reestablish the Investment Policy Originally Adopted July 9, 2003 and Amended Annually by the District Board for fiscal year 2023- 2024.
4. Approve Resolution No. FD-2023-03, a Resolution of the Board of Directors of the Coachella Fire Protection District, Coachella, California to Amend and Reestablish the Investment Policy Originally Adopted July 9, 2003 and Amended Annually by the District Board for fiscal year 2023- 2024.
Item 30.
BACKGROUND:
The California Government Code, City and Agency Resolutions, and their respective Investment Policies require that their respective Investment Policies be updated, reviewed and then filed with the legislative body on an annual basis. This is a request to reestablish the amended investment policy currently in effect as adopted on June 8, 2022. The City and its related agencies have been following the current investment policy as adopted July 9, 2003 and as amended on an annual basis.
Staff requested that PFM Asset Management review our existing investment policy and recommend changes to assure that the City’s policy is comprehensive and remains compliant with all applicable California Government Code statutes regulating the investment of public funds.
There were no recommended changes are outlined in the attached memo from PFM.
FISCAL IMPACT:
None, this report is receive and file only.
EXHIBITS:
1. Recommended Investment Policy for fiscal year 2023- 24
3. PFM Memo of Recommended Changes
4. Investment Policy Resolution City 2023- 47
5. Investment Policy Resolution Water WA -2023-03
6. Investment Policy Resolution Sanitary SD - 2023-03
7. Investment Policy Resolution Fire FA -2023-03
Item 30.
June 16, 2023
Memorandum
To: Ruben Ramirez, Accounting Manager
City of Coachella
From: Sarah Meacham, Managing Director
Richard Babbe, CCM, Senior Managing Consultant
PFM Asset Management LLC
RE: 2023 Investment Policy Review
At your request, we reviewed the City of Coachella’s (the “City”) Investment Policy (the “Policy”) as part of the City’s annual review process. The Policy is consistent with the applicable California Government Code (the “Code”) sections regulating the investment of public funds.
Although no Policy changes are required, we also wanted to bring to your attention two recent Code changes that were part of Senate Bill 1489, which took effect January 1, 2023. SB 1489 lengthened the reporting deadline for submitting quarterly reports in Code section 53646 (b)(1) to 45 days from 30 days. The change provides local agencies with more time to prepare the report, recognizing the time needed to collect data and finish the report. As the Policy’s (Section 16.0 Reporting) current 30- day reporting deadline is more restrictive than the Code’s new 45-day reporting deadline, it is the City’s option on whether to keep its current reporting limit or use the Code’s new, longer reporting deadline.
SB 1489 also clarified that an investment’s remaining maturity is to be measured from the settlement date of the purchase to its final maturity (the Bill further specifies that the forward settlement date of an investment cannot exceed 45 days from the trade date). The Code had not previously indicated whether a security’s remaining maturity at purchase was to be calculated from the trade or settlement date. By specifying that an investment’s remaining maturity is calculated from the settlement date, the change offers local agencies more opportunities to consider new issue five‐year securities. The remaining maturity on a five‐year new issue security may exceed five years if calculated to the trade date but not if calculated to the settlement date. As neither trade nor settlement date are referenced in the Policy, no Policy changes are necessary.
Please let us know if you have any questions or if you would like to set up a time to discuss.
Item 30.
CITY OF COACHELLA
STATEMENT OF INVESTMENT POLICY
FOR FISCAL YEAR 2023-24
ADOPTED June 28, 2023
1.0 POLICY:
This statement is intended to provide guidelines for the prudent investment of the City of Coachella's (hereafter called "City") temporarily idle cash in all funds, and outline the policies for maximizing the efficiency of the City's cash management system.
It is the objective of this investment policy to provide guidelines for:
• Insuring the safety of funds invested;
• Meeting the City's daily cash flow demands;
• Maximizing investment interest income for the City;
• Conform with all laws and statutes governing the investment of public funds.
2.0 SCOPE:
The investment policy applies to the temporary idle cash of the City and its component units as accounted for in the Audited Comprehensive Financial Report. Policy statements outlined in this document focus on the City's pooled funds. This policy is applicable, but not limited to all funds listed below:
• General Fund
• Special Revenue Funds
• Capital Outlay Funds
• Debt Service Funds
• Enterprise Funds
• Fiduciary Funds
• Any new fund created by the City Council unless specifically exempted Exceptions may exist with funds for retiree pension and medical benefits held in a trust and bond proceeds held by a trustee or fiscal agent and governed by the instructions in the bond document.
In addition, if in the opinion of the City Treasurer or their Authorized Designee (Designee), matching the segregated investment portfolio of the bond reserve fund with the maturity schedule of an individual bond issue is prudent given current economic analysis, the investment policy authorizes extending beyond the five year maturity limitation with City Council authorization no less than three months prior to the investment as outlined in this document.
3.0 PRUDENCE:
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
The City Treasurer or Designee are authorized to make investment decisions on behalf of the City and considered as trustees and therefore fiduciaries subject to the prudent investors' standard.
When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Treasurer or Designee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct and management of their own affairs.
Within the limitations of this section and considering individual investments as part to an overall strategy, the City Treasurer or Designee are authorized to acquire approved and suitable investments as described in paragraph 8.0 hereof.
The City Treasurer, Authorized Designee and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
4.0 OBJECTIVES:
The three fundamental considerations, in order of priority, for managing the City's investments are safety, liquidity, and yield. At no time should safety or liquidity be compromised in exchange for higher yields.
Safety of Principal
The preservation of invested capital is the foremost objective of the City and of primary importance. The City shall only invest in financial instruments that are considered safe. The safety and risk associated with an investment refers to the potential loss of principal, accrued interest, or a combination of these amounts. Each investment decision shall seek to ensure that capital losses are avoided. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.
Liquidity
The City's investment portfolio shall contain investments with a diversified mix of maturities in order to provide sufficient liquidity to meet projected operating cash requirements of the City.
Return on Investments
The City's investment portfolio shall be designed with the objective of obtaining a reasonable and competitive market rate of return taking into consideration risk constraints, prudent investment principles and the cash flow characteristics of the portfolio.
5.0 DELEGATION OF AUTHORITY:
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
The authority to invest or to reinvest funds or to sell or exchange securities so purchased of City Funds is vested in the City Council. Government Code Section ("GCS") 53607 authorizes the delegation of the above duties to the City Treasurer for a one-year period. Therefore, the authority to invest and reinvest City funds or to sell or exchange the securities so purchased with City funds is hereby delegated to the City Treasurer for a one year period unless sooner terminated by the City Council.
The City Treasurer or Designee shall prepare written procedures for the operation of the investment program consistent with this investment policy. The procedures shall also include reference to:
safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. The written procedures may provide for the delegation of authority to an Authorized Designee, who upon assuming such position shall become responsible for investment transactions. No person may engage in an investment decision except as permitted by this policy and by the procedures approved by the City Treasurer or Designee.
The City may delegate investment authority to an investment advisor. The advisor will follow the Investment Policy and such other written instructions as are provided.
6.0 ETHICS AND CONFLICTS OF INTEREST:
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials are required to annually file all applicable financial disclosures as required by the Fair Political Practices Commission (FPPC).
7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS:
For any investment not purchased directly from the issuer, the City shall transact business only with banks, savings and loans, and investment broker/dealers. The broker/dealers should be primary dealers regularly reporting to the New York Federal Reserve Bank. The City Treasurer or Designee shall select all security dealers and depositories subject to City Council approval and the execution of an appropriate written agreement. Investment transactions shall be conducted with several competing, reputable security broker/dealers. The selection process shall focus on financial viability, knowledge, experience and ethics in the fixed-income security industry. The City Treasurer or Designee will maintain a list and a written agreement with financial institutions authorized to provide investment services.
All financial institutions and broker/dealers who desire to become an authorized financial institution for investment transactions must supply the City Treasurer or Designee with the following: most recent audited financial statements, proof of Financial Industry Regulatory Authority (FINRA) certification, trading resolution, proof of state registration, completed broker/dealer questionnaire, certification of having read the City's investment policy and City of
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
Coachella depository contracts. The City Treasurer or Designee will conduct an annual review of the financial condition and registrations of qualified bidders.
The City Treasurer or Designee shall annually send a copy of the current investment policy to all broker/dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the dealer understands the City's investment policies and intends to sell the City only appropriate investments authorized by this investment policy. If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City.
8.0 AUTHORIZED INVESTMENTS:
As provided in GCSs 16429.1, 53601, 53601.1, 53631, 53649 and 53684, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Where this Policy specifies a percentage limitation for a particular security type or issuer, that percentage is applicable at the time the security is purchased. No more than 5% of the City's portfolio shall be invested in any one issuer regardless of sector except for the U.S. Treasury, Federal Agencies, supranational, and pools (including LAIF, County Pools, LGIPs, and money market funds). Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the City's investment advisor (if any) and Treasurer will review the rating agency action and decide whether to sell or hold the investment. The City may invest funds in the following instruments and subject to the limitations set forth in Section 11.0:
State Treasurer's Local Agency Investment Fund (LAIF): As authorized in GCS 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $75 million in this investment program administered by the California State Treasurer.
U.S. Treasury Bills and Notes: U.S. Treasury bills, notes, bonds or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest.
Federal Agencies: Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
State of California Obligations: Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state rated in a rating category of "A" long-term or "A-1" short-term or its equivalent or higher by a nationally recognized statistical rating organization ("NRSRO").
Obligations of the Other 49 States: Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California, rated in a rating category of "A" long-term or "A-1" short-term or its equivalent or higher by a NRSRO.
Obligations of Local Agencies in California: Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency rated in a rating category of "A" long term or "A-1" short-term or its equivalent or higher by a NRSRO.
County Pooled Investment Funds: As authorized by GCS 53684, the City may invest in pooled investments managed by the County of Riverside.
Bankers' Acceptances: Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers' acceptances. Purchases of bankers' acceptances may not exceed 180 days maturity or total more than 40% of the cost value of the City's investment portfolio.
Eligible bankers' acceptances must be rated in the highest letter and number rating as provided for by a NRSRO.
Commercial Paper: Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2):
1) The entity meets the following criteria: Is organized and operating in the United States as a general corporation. Has total assets in excess of five hundred million dollars ($500,000,000). Has debt other than commercial paper, if any, that is rated in a rating category of "A" or higher, or the equivalent, by a NRSRO.
2) The entity meets the following criteria: Is organized within the United States as a special purpose corporation, trust, or limited liability company. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. Has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO.
Purchases of eligible commercial paper may not exceed 25% of the market value of the City's portfolio or have a term to maturity which exceeds 270 days.
Negotiable Certificates of Deposit: Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association ( as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank rated in a rating category of "A" long-term or "A-1" short-term or its equivalent or higher by a NRSRO. No more than 30% of the City's portfolio may be invested in negotiable CDs.
Non-Negotiable Certificates of Deposit: Non-negotiable certificates of deposit from eligible depositories are fixed-term investments. There are no portfolio limits on the amount or maturity
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
for this investment vehicle. Eligible depositories may be a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, which must have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities. Deposits in excess of federal deposit limits must be collateralized per Section 9.0.
Medium Term Corporate Notes: Medium-term corporate notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of 5 years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Medium-term corporate notes shall be rated in a rating category of "A" or its equivalent or better by a NRSRO.
No more than 30% of the City's portfolio may be invested in corporate notes.
Demand Deposits: The City Treasurer may establish accounts for deposits in a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company in the State of California, which must have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities.
Deposits in excess of federal deposit limits must be collateralized per Section 9.0.
Money Market Funds: Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment pursuant to this subdivision these companies shall either: have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than 5 years experience managing money market mutual funds and with assets under management in excess of $500,000,000, or attain the highest ranking letter or numerical rating provided by not less than two
of the three largest NRSROs. No more than 20% of the City's portfolio may be invested in money market funds.
Local Government Investment Pools (LGIPs): Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
Asset-Backed Security (ABS): Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-back certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum of five years maturity. Eligible securities shall be rated in a rating category of "AA" or its equivalent or better by an NRSRO. No more than 20% of the City's portfolio may be invested in this type of security.
Supranational: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of"AA" or its equivalent or better by a NRSRO. No more than 30% of the City's portfolio may be invested in this security type.
Any other permissible investments outlined within Section 53601 may be purchased from time to time.
Notwithstanding any other provision oflaw, moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of the City, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provision governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance. This includes investing bond proceeds in guaranteed investment contracts with United States financial institutions rated in a rating category of "AA," or equivalent, or better by A NRSRO.
9.0 PROHIBITED INVESTMENTS:
Any security type or structure not specifically approved by this policy is hereby specifically prohibited. Security types which are thereby prohibited include, but are not limited to, inverse floaters, derivatives, range notes, interest only strips that are derived from a pool of mortgages, or in any investment that could result in zero interest accrual if held to maturity, except as authorized by Government Code Section 53601.6
10.0 COLLATERALIZATION:
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
Collateral is required for investments in Non-Negotiable Certificates of Deposit and Demand Deposits. Investments in excess of federal deposit insurance limits must be collateralized at 105% to 150% depending on the specific security pledged as collateral in accordance with GCS 53630 et seq. The collateral pool is administered by the State, and is composed of a wide variety of government securities, including those indicated above, as well as promissory notes secured by first mortgages on improved residential property located in the state and letters of credit issued by the Federal Home Loan Bank of San Francisco.
11.0 SAFEKEEPING AND CUSTODY:
To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all deliverable securities owned by the City shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement or professional services agreement (PSA). All trades executed by a dealer will settle delivery vs. payment (DVP) through the City's safekeeping agent.
Securities held in custody for the City shall be verified on an annual basis by the City's independent auditor.
12.0 DIVERSIFICATION:
It is the City's policy to minimize portfolio risk by diversifying maturity, sector and class allocation. Default risk shall be minimized by investing in an assortment of permitted investments as outlined in Section 8.0. To minimize overall portfolio risk, the following not-to-exceed diversification goals shall guide the City's operating fund portfolio, based upon the portfolio structure at the time of purchase.
Investment Type Not-to Exceed Limit Other Restrictions
Local Agency Investments
Fund (LAIF)
$75 million Established by the State Treasurer
U.S. Treasury No Limit None
Federal Agency No Limit Maximum of 40% per issuer
State of California
Obligations
No Limit No more than 5% per issuer
Rated in a rating category of “A”
or its equivalent or higher by a
NRSRO for maturities in excess of
one year
Rated in a rating category “A-1” or
its equivalent or higher by a
NRSRO for maturities under one
year
Obligation of the Other 49 No Limit No more than 54% per issuer
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
Investment Type Not-to Exceed Limit Other Restrictions
States Rated in a rating category of "A" or
its equivalent or higher by a
NRSRO for maturities in excess of
one year
Rated in a rating category of "A-l"
or its equivalent or higher by a
NRSRO for maturities under one
year
Obligations of Local
Agencies in California
No Limit No more 5% per issuer
Rated in a rating category of “A”
or its equivalent or higher by a
NRSRO for maturities in excess
of one year
Rated I a rating category of “A-1”
or its equivalent or higher by
NRSRO for maturities under one
year
County Pool $10 million None
Banker’s Acceptances 40% No more than 5% per issuer
regardless of security type
Maximum maturity of 180 days
Must be rated in highest category
by a NRSRO
Commercial Paper 25% No more than 5% per issuer
regardless of security type
Maximum maturity of 270 days
Must be rated in highest category
by a NRSRO
Negotiable CDs 30% No more than 5% per issuer
regardless of security type
Investment Type Not-to Exceed Limit Other Restrictions
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
Rated in a rating category of "A" or
its equivalent or higher by a NRSRO
for maturities in excess of one year
Rated in a rating category of "A-1"
or its equivalent or higher by a
NRSRO for maturities under one
year.
Non-Negotiable CD’s See Section 9.0 for collateral
requirements
Medium Term Corporate
Notes
30% No more than 5% per issuer
regardless of security type
Maximum maturity of five years
Minimum credit rating of “A” or its
equivalent by a NRSRO
Demand Deposits No Limit See Section 9.0 for collateral requirements
Money Market Funds 20% See Section 8.0 for advisor
requirements or the Fund must have
the highest rating by two NRSRO
Local Government
Investment Pools (LGIPs)
No Limit See Section 8.0 for advisor
requirements
Asset-Backed Securities
(ABS)
20% No more than 5% per issuer
Rated in a rating category of “AA”
(Issue) or higher by a NRSRO
Supranational 30% Rated in a rating category of “AA”
or its equivalent or higher by a
NRSRO
13 .0 MAXIMUM MATURITIES:
The average dollar weighted maturity of a portfolio may not exceed 3 years. No investment shall be made in an investment authorized by this Policy (and that GCS 53601 does not specific a
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
maximum maturity) that has a term remaining to maturity in excess of 5 years from date of purchase. Maturities shall be staggered to minimize liquidity risk and to enhance the stability of incoming cash flows. At least 10% of the portfolio shall be invested in instruments, which can be liquidated on one day's notice.
Bond reserve funds may be invested in securities exceeding 5 years if the maturities of such investments are made to coincide as nearly as possible with the expected use of the funds.
14.0 INTERNAL CONTROL:
The City Treasurer or Designee shall establish sufficient internal controls to ensure compliance with all applicable federal, state and local regulations. These internal controls will be incorporated into an annual process of independent review by the City's external auditor. This will provide a review of the internal controls by assuring compliance with policies and procedures.
15.0 INTEREST EARNINGS:
All moneys earned and collected from investments authorized in this policy shall be allocated monthly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio. Interest earnings on bond proceeds, bond reserves or other restricted investments held by trustees shall be allocated directly to the appropriate fund and not be part of the pooled allocation.
16.0 PERFORMANCE STANDARDS:
The City's policy is to achieve a market rate of return on public funds while minimizing risks and preserving capital. In evaluating the performance of the City's portfolio in complying with this policy, the City shall establish an appropriate performance benchmark and compare the total return of its portfolio to the total return of the benchmark.
17.0 REPORTING:
The City Treasurer or Designee shall provide to the City Council a monthly investment report, which provides a clear picture of the status of the current investment portfolio. Based on GCS 53646, the report shall include, at a minimum, the following information for each type of investment held in the City's investment portfolio: the issuer, date of purchase, date of maturity, amount of investment, current market value, yield on investment, income generated from investments, dollar amount invested on all securities, investments and moneys held by the local agency, and shall additionally include a description of any of the local agency's funds, investments, or programs, and a description of unusual investment activity or developments during the month for which the report is prepared. Based on GCS 53607, the report shall also include a listing of investment transactions. With respect to all securities held by the local agency, and under management of any outside party that is not also a local agency or the State of California Local Agency Investment Fund, the report shall also include a current market value as of the date of the
Item 30.
City of Coachella
Statement of Investment Policy
June 28, 2023
report and shall include the source of this same valuation.
The report shall state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance and include a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available.
The City Treasurer or Designee may supply to the City Council the most recent statement or statements received by the local agency from the Local Agency Investment Fund (LAIF), County Investment Pools, or Federal Deposit Insurance Corporation-insured accounts in a bank or savings and loan association.
The City Treasurer or Designee shall prepare and deliver such a report each month to the Mayor and each City Council member no later than 30 days after the close of the month for which each report is prepared.
In the event that an investment advisor is retained by the City, the investment advisor shall prepare and deliver a report for each month's investment activity as required herein to the City in such time as to allow compliance with the delivery times for each report required by this policy. The City Council may relieve the City Treasurer of his or her duties under this policy in the event of any failure to comply with the reporting requirements of this policy.
18.0 INVESTMENT POLICY ADOPTION:
The City's investment policy shall be adopted annually by the City Council. The policy shall be reviewed annually by the City Treasurer and/or Designee with any and all modifications made thereto approved by the City Council at a public meeting.
Item 30.
RESOLUTION NO. 2023-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA TO AMEND AND REESTABLISH THE
INVESTMENT POLICY ORIGINALLY ADOPTED JULY 9, 2003 AND
AMENDED BY THE CITY COUNCIL FOR FISCAL YEAR 2023-2024
WHEREAS, Government Code Section 53601 of the State of California authorizes the legal bodies of local agencies to invest surplus money which is not required for the immediate necessities of the local agencies in accordance with the rules set forth in the section; and WHEREAS, Government Code Section 53607 authorizes the local legislative body to delegate to the Treasurer of the local agency, the authority to invest or reinvest funds of the local agency, or to sell or exchange securities so purchased; and WHEREAS, said Section 53607 requires that once the Treasurer of the local agency is delegated that authority, he thereafter assumes full responsibility for such transactions until such time as the delegated authority is revoked; and
WHEREAS, said Section 53607 requires the Treasurer of the local Agency to make a monthly report of such transactions to the legislative body; and WHEREAS, said Section 53607 requires an annual ratification of the delegation of authority of the legislative body to the Treasurer; and WHEREAS, Government Code Section 53646 (2) requires that the Treasurer shall annually render to the City Council and any oversight committee a Statement of Investment Policy and any change in the policy, which the City Council shall consider at a public meeting; and WHEREAS, it is in the best interest of the City of Coachella to have any surplus or idle City funds invested so as to provide additional income to the City of Coachella.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA HEREBY RESOLVES AS FOLLOWS:
SECTION 1 - That the City Treasurer, or their authorized designee(s), of the City of Coachella is hereby delegated the authority to invest or reinvest surplus funds of the City of Coachella, or to sell, or exchange securities so purchased.
SECTION 2 - The City Treasurer, or their authorized designee(s), will assume full responsibility for such transactions until such time as the aforementioned delegated authority is revoked, and that the City Treasurer will make a monthly report of such transactions to the City Council of the City of Coachella,
Item 30.
Resolution No. 2023-47
SECTION 3 - The City Treasurer shall render to the City Council a Statement of Investment Policy in the first quarter of each calendar year. Any changes to said policy shall be considered by the City Council at such a public regular meeting.
SECTION 4 - The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of investment Policy of the City of Coachella for fiscal year 2023- 2024.
SECTION 5 - The City Treasurer shall comply with the Statement of investment Policy of the City of Coachella adopted by this Resolution.
SECTION 6 - The City Treasurer shall report to the City Council, the City Manager and the City' s Auditor as required by the Statement of investment Policy and all applicable laws.
PASSED, APPROVED and ADOPTED, this 28th day of June 2023. _______________________________
Steven A Hernandez
Mayor
ATTEST:
_______________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
_______________________________
Carlos Campos
City Attorney
Item 30.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2023-47 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 28th day of June 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Delia Granados
Deputy City Clerk
Item 30.
RESOLUTION NO. SD-2023-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF COACHELLA
SANITARY DISTRICT, COACHELLA, CALIFORNIA TO AMEND AND
REESTABLISH THE INVESTMENT POLICY ORIGINALLY ADOPTED
JULY 9, 2003 AND AMENDED BY THE CITY COUNCIL FOR FISCAL YEAR 2023-2024
WHEREAS, the Board of Directors of the Coachella Sanitary District (hereafter BOARD” and “DISTRICT” respectively) wants to be in compliance with State law; and WHEREAS, Government Code Section 53601 of the State of California authorizes the legal bodies of local agencies to invest surplus money which is not required for the immediate necessities of the local agencies in accordance with the rules set forth in the section; and WHEREAS, Government Code Section 53607 authorizes the local legislative body to delegate to the Treasurer of the local agency, the DISTRICT to invest or reinvest funds of the local agency, or to sell or exchange securities so purchased; and
WHEREAS, said Section 53607 requires that once the Treasurer of the local agency is delegated that DISTRICT, he thereafter assumes full responsibility for such transactions until such time as the delegated DISTRICT is revoked; and
WHEREAS, said Section 53607 requires the Treasurer of the local Agency to make a monthly report of such transactions to the legislative body; and
WHEREAS, said Section 53607 requires an annual ratification of the delegation of DISTRICT of the legislative body to the Treasurer; and
WHEREAS, Government Code Section 53646 (2) requires that the Treasurer shall annually render to the BOARD and any oversight committee a Statement of Investment Policy and any change in the policy, which the BOARD shall consider at a public meeting; and
WHEREAS, it is in the best interest of the DISTRICT to have any surplus or idle DISTRICT funds invested so as to provide additional income to the DISTRICT.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE COACHELLA SANITARY DISTRICT HEREBY RESOLVES AS FOLLOWS:
SECTION 1 - That the DISTRICT Treasurer, or their authorized designee(s), is hereby delegated the DISTRICT to invest or reinvest surplus funds of the DISTRICT, or to sell, or exchange securities so purchased.
SECTION 2 - The DISTRICT Treasurer, or their authorized designee(s), will assume full responsibility for such transactions until such time as the aforementioned delegated DISTRICT is revoked, and that the DISTRICT Treasurer will make a monthly report of such transactions to the BOARD of the DISTRICT.
Item 30.
Resolution No. SD-2023-03
SECTION 3 - The DISTRICT Treasurer shall render to the BOARD a Statement of Investment Policy in the first quarter of each calendar year. Any changes to said policy shall be considered by the BOARD at such a regular public meeting.
SECTION 4 - The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the DISTRICT for fiscal year 2022- 2023.
SECTION 5 - The DISTRICT Treasurer shall comply with the Statement of Investment Policy of the DISTRICT adopted by this Resolution.
SECTION 6 - The DISTRICT Treasurer shall report to the BOARD, the Executive Director and the DISTRICT’S Auditor as required by the Statement of Investment Policy and all applicable laws.
PASSED, APPROVED and ADOPTED, this 28th day of June 2023. _______________________________
Steven A Hernandez
President
ATTEST:
_______________________________
Angela M. Zepeda
Secretary
APPROVED AS TO FORM:
_______________________________
Carlos Campos
DISTRICT Attorney
Item 30.
Resolution No. SD-2023-03
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. WA-2023-XX was duly adopted by the Board of Directors of the Coachella Sanitary District at a regular meeting thereof, held on this 28th day of June 2023, by the following vote of the of the Board:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Delia Granados
Deputy City Clerk
Item 30.
RESOLUTION NO. WA-2023-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF COACHELLA
WATER AUTHORITY, COACHELLA, CALIFORNIA TO AMEDN AND
REESTABLISH THE INVESTMENT POLICY ORIGINALLY ADOPTED
JULY 9, 2003 AND AMENDED BY THE CITY COUNCIL FOR FISCAL YEAR 2023-2024
WHEREAS, the Board of Directors of the Coachella Water Authority (hereafter BOARD” and “AUTHORITY” respectively) wants to be in compliance with State law; and WHEREAS, Government Code Section 53601 of the State of California authorizes the legal bodies of local agencies to invest surplus money which is not required for the immediate necessities of the local agencies in accordance with the rules set forth in the section; and WHEREAS, Government Code Section 53607 authorizes the local legislative body to delegate to the Treasurer of the local agency, the authority to invest or reinvest funds of the local agency, or to sell or exchange securities so purchased; and
WHEREAS, said Section 53607 requires that once the Treasurer of the local agency is delegated that authority, he thereafter assumes full responsibility for such transactions until such time as the delegated authority is revoked; and
WHEREAS, said Section 53607 requires the Treasurer of the local Agency to make a monthly report of such transactions to the legislative body; and
WHEREAS, said Section 53607 requires an annual ratification of the delegation of authority of the legislative body to the Treasurer; and
WHEREAS, Government Code Section 53646 (2) requires that the Treasurer shall annually render to the BOARD and any oversight committee a Statement of Investment Policy and any change in the policy, which the BOARD shall consider at a public meeting; and
WHEREAS, it is in the best interest of the AUTHORITY to have any surplus or idle AUTHORITY funds invested so as to provide additional income to the AUTHORITY.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE COACHELLA WATER AUTHORITY HEREBY RESOLVES AS FOLLOWS:
SECTION 1 - That the AUTHORITY Treasurer, or their authorized designee(s), is hereby delegated the authority to invest or reinvest surplus funds of the AUTHORITY, or to sell, or exchange securities so purchased.
SECTION 2 - The AUTHORITY Treasurer, or their authorized designee(s), will assume full responsibility for such transactions until such time as the aforementioned delegated authority is revoked, and that the AUTHORITY Treasurer will make a monthly report of such transactions to the BOARD of the AUTHORITY.
Item 30.
Resolution No. WA-2023-03
SECTION 3 - The AUTHORITY Treasurer shall render to the BOARD a Statement of Investment Policy in the first quarter of each calendar year. Any changes to said policy shall be considered by the BOARD at such a regular public meeting.
SECTION 4 - The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the AUTHORITY for fiscal year 2022-2023.
SECTION 5 - The AUTHORITY Treasurer shall comply with the Statement of Investment Policy of the AUTHORITY adopted by this Resolution.
SECTION 6 - The AUTHORITY Treasurer shall report to the BOARD, the Executive Director and the AUTHORITY’S Auditor as required by the Statement of Investment Policy and all applicable laws.
PASSED, APPROVED and ADOPTED, this 28th day of June 2023. _______________________________
Steven A Hernandez
President
ATTEST:
_______________________________
Angela M. Zepeda
Secretary
APPROVED AS TO FORM:
_______________________________
Carlos Campos
Authority Attorney
Item 30.
Resolution No. WA-2023-03
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. WA-2023-03 was duly adopted by the Board of Directors of the Coachella Water Authority at a regular meeting thereof, held on this 28th day of June 2023, by the following vote of the of the Board:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Delia Granados
Deputy City Clerk
Item 30.
RESOLUTION NO. FD - 2023-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF FIRE
PROTECTION DISTRICT, COACHELLA, CALIFORNIA TO AMEND
AND REESTABLISH THE INVESTMENT POLICY ORIGINALLY
ADOPTED JULY 9, 2003 AND AMENDED BY THE CITY COUNCIL FOR FISCAL YEAR 2023-2024
WHEREAS, the Board of Directors of the Fire Protection District (hereafter BOARD” and “DISTRICT” respectively) wants to be in compliance with State law; and WHEREAS, Government Code Section 53601 of the State of California authorizes the legal bodies of local agencies to invest surplus money which is not required for the immediate necessities of the local agencies in accordance with the rules set forth in the section; and WHEREAS, Government Code Section 53607 authorizes the local legislative body to delegate to the Treasurer of the local agency, the DISTRICT to invest or reinvest funds of the local agency, or to sell or exchange securities so purchased; and
WHEREAS, said Section 53607 requires that once the Treasurer of the local agency is delegated that DISTRICT, he thereafter assumes full responsibility for such transactions until such time as the delegated DISTRICT is revoked; and
WHEREAS, said Section 53607 requires the Treasurer of the local Agency to make a monthly report of such transactions to the legislative body; and
WHEREAS, said Section 53607 requires an annual ratification of the delegation of DISTRICT of the legislative body to the Treasurer; and
WHEREAS, Government Code Section 53646 (2) requires that the Treasurer shall annually render to the BOARD and any oversight committee a Statement of Investment Policy and any change in the policy, which the BOARD shall consider at a public meeting; and
WHEREAS, it is in the best interest of the DISTRICT to have any surplus or idle DISTRICT funds invested so as to provide additional income to the DISTRICT.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE FIRE PROTECTION DISTRICT HEREBY RESOLVES AS FOLLOWS:
SECTION 1 - That the DISTRICT Treasurer, or their authorized designee(s), is hereby delegated the DISTRICT to invest or reinvest surplus funds of the DISTRICT, or to sell, or exchange securities so purchased.
SECTION 2 - The DISTRICT Treasurer, or their authorized designee(s), will assume full responsibility for such transactions until such time as the aforementioned delegated DISTRICT is revoked, and that the DISTRICT Treasurer will make a monthly report of such transactions to the BOARD of the DISTRICT.
Item 30.
Resolution No. FD-2023-03
SECTION 3 - The DISTRICT Treasurer shall render to the BOARD a Statement of Investment Policy in the first quarter of each calendar year. Any changes to said policy shall be considered by the BOARD at such a regular public meeting.
SECTION 4 - The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the DISTRICT for fiscal year 2022- 2023.
SECTION 5 - The DISTRICT Treasurer shall comply with the Statement of Investment Policy of the DISTRICT adopted by this Resolution.
SECTION 6 - The DISTRICT Treasurer shall report to the BOARD, the Executive Director and the DISTRICT’S Auditor as required by the Statement of Investment Policy and all applicable laws.
PASSED, APPROVED and ADOPTED, this 28th day of June 2023. _______________________________
Steven A Hernandez
President
ATTEST:
_______________________________
Angela M. Zepeda
Secretary
APPROVED AS TO FORM:
_______________________________
Carlos Campos
DISTRICT Attorney
Item 30.
Resolution No. FD-2023-03
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. FD-2023-03 was duly adopted by the Board of Directors of the Fire Protection District at a regular meeting thereof, held on this 28th day of June 2023, by the following vote of the of the Board:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Delia Granados
Deputy City Clerk
Item 30.
STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Lizzandro Diaz, Building Official
SUBJECT: Professional Service Agreement with Access Services Plus to provide the City with an American with Disabilities Act (ADA) Self-evaluation and Transition Plan.
STAFF RECOMMENDATION:
Authorize City Manager to execute a Professional Service Agreement with Access Services, Plus to prepare an ADA transition plan as required by the State of California. This plan is an essential document that outlines the strategies and steps the City will take to comply with the Americans with Disabilities Act.
BACKGROUND:
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA provides civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.
DISCUSSION/ANALYSIS:
As California works towards enhancing accessibility for all, the City of Coachella recognizes the value and importance of developing an ADA Transition Plan. This plan is necessary to ensure that city facilities, parks, sidewalks, electronics, and communications are fully compliant with the ADA and meet the disability community's needs as much as possible.
The plan will be implemented by engaging the services of consultants specializing in ADA compliance. The consultants will conduct a comprehensive survey of facilities and outdoor areas within the city, as well as analyze existing plans, policies and practices. Once the survey is completed, they will develop tailored recommendations to make all city facilities, outdoor areas
Item 31.
pedestrian paths, and electronics fully accessible, utilizing best practices and state-of-the-art designs. The report will outline a comprehensive action plan for implementation, and will set out metrics for measuring success, ensuring compliance with the ADA. The project will be funded under the city budget to ensure that the costs of compliance are met responsibly and efficiently.
FISCAL IMPACT:
There will be a fiscal impact to the FY 22/23 of $45,000 coming from surplus funds from the Building Departments Professional/Contract Services account. The contract is in the amount not to exceed $45,000.
ATTACHMENTS:
1. Professional Service Agreement – Access Services, Plus
2. Exhibit “A” Scope of Services
3. Exhibit “B” Proposals from Consultants
Item 31.
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
CITY OF COACHELLA PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this June day of 29, 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 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and Access Services, Plus, a LIMITED LIABILITY COMPANY, with its principal place of business at 1548 Columbia St., Redlands, CA 92374 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing accessibility consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the American with Disabilities Act compliance and transition project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional accessibility consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to December 1, 2023, unless earlier terminated as provided herein.
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3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation for hereunder shall not exceed forty five thousand dollars ($45,000.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner.
Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City.
Consultant represents that it has the professional and technical personnel required to perform the
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Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Daniel F. Kaiser.
3.3.5 City's Representative. The City hereby designates Lizzandro Diaz, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Daniel F. Kaiser, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any
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employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following:
(1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
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3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant 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.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
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3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate.
Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All
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policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
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3.4.4 Labor Certification. By its signature hereunder, Consultant 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 Worker's 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 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant 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.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a
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final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Consultant 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. Consultant 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.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below.
Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 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:
Consultant: Access Services, Plus
1548 Columbia St., Redlands, California 92374
ATTN: Daniel F. Kaiser
City: City of Coachella 1515 6th Street, Coachella, CA 92236 ATTN: Lizzandro Diaz
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 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 Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project.
Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be
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responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant 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 Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant 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.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 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.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ 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
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such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services 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.
3.7.13 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 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
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given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 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.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants 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.
3.7.19 Authority to Enter Agreement. Consultant 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.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
3.7.22.1 Amendment(s)
3.7.22.2 This Agreement
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SERVICES BETWEEN THE
CITY OF COACHELLA AND ACCESS SERVICES, PLUS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA Access Services, Plus
Approved By:
Gabriel Martin Daniel F. Kaiser
City Manager
President
Title
Approved as to Form:
Best Best and Krieger, LLP
City Attorney
Attested By:
City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
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Exhibit “B” Proposals
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STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Lizzandro Diaz, Building Official
SUBJECT: Adopt Ordinance No. 1201, Second Reading, Revising Municipal Code Title 15 for the Purpose of Adopting the 2022 California State Building Codes STAFF RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 1201 by second reading to amend Chapter 15 of the Coachella Municipal Code.
BACKGROUND:
It is customary to conduct regular updates to the building code every three years. These updates are carried out to bring the state building code in line with current standards and reflect any changes made to the Coachella Municipal Code.
We are pleased to report that the latest building code was successfully adopted in January 2023.
As a result, we are now bringing forward an update to ensure that the language used in the municipal code aligns with the state building code. This will enable us to maintain consistency and accuracy in our regulations and ensure that all relevant rules and requirements are accurately reflected in our building code.
DISCUSSION/ANALYSIS:
The proposed adoption of revisions to the California Building Code to align with the City of Coachella Municipal Code is a positive development that will go a long way in improving the safety of structures within the City. By aligning the building code with the specific needs of Coachella, the construction process will be safer and more efficient.
One of the key advantages of this adoption is that it will help address the challenges posed by the City's unique environment. With specific guidelines for construction materials and practices, the building code will better serve the needs of Coachella, which experiences extreme weather and seismic activity. This will lead to more resilient structures that can withstand the environmental challenges the City faces.
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Aligning the building code with the municipal code will also streamline the building permit process. By ensuring that the building code matches the specific needs of the City, obtaining building permits will be faster and smoother. This means that construction projects can be completed on time and within budget, resulting in less disruption to the community.
Overall, the adoption of revisions to the California Building Code to align with the City of Coachella Municipal Code is a positive step for the City. It will enhance the safety and resilience of structures and streamline the building permit process. The result will be a more vibrant and thriving Coachella that can better meet the needs of its community.
ENVIRONMENTAL REVIEW:
It is recommended Council make the following determination that this action is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) under the general rule contained in Section 15061(b)(3). This action involves updates and revisions to existing regulations consistent with State law and will not result in any direct or indirect physical changes to the environment.
FISCAL IMPACTS:
Adoption of the proposed Code Amendment would not have a fiscal impact to the City’s General Fund. The cost to administer the Codes is recovered through permit fees.
ALTERNATIVES:
1. Adopt Ordinance No. 1201 (second reading) adopting the new California State Building Code.
2. Continue this matter and provide staff direction.
3. Take no action.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as shown above.
Attachments:
1. Ordinance No. 1201 (second reading)
Amendments to Coachella Municipal Code Title 15 adopting California Building Codes Title 24 Parts 1,2,2.5,3,4,5,6,8,10,11,12
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ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COACHELLA, CALIFORNIA, ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24), INCLUDING THE 2022
CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA
ELECTRICAL CODE; THE 2022 CALIFORNIA
MECHANICAL CODE; THE 2022 CALIFORNIA
PLUMBING CODE; THE 2022 CALIFORNIA FIRE CODE;
MAKING CERTAIN LOCAL AMENDMENTS THERETO;
ADOPTING THE 2022 CALIFORNIA EXISTING BUILDING
CODE; AMENDING CHAPTER 15.54 OF THE
COACHELLA MUNICIPAL CODE RELATED TO
RECYCLING AND DIVERSION OF WASTE FROM
CONSTRUCTION AND DEMOLITION; AND FINDING THE
ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. (Second reading)
WHEREAS, the City Coachella, California (“City”) is a general law city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, in July 2022, the California Building Standards Commission adopted the 2022 Edition of the California Building Standards Code (“CBSC”), effective January 1, 2023 and codified in Title 24 of the California Code of Regulations (“CCR”); and WHEREAS, the CBSC consists of building standards that regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, electrical systems, plumbing, mechanical systems, and maintenance of all buildings in the state and includes the California Building Code (CCR, Title 24, Part 2); the California Residential Code (CCR, Title 24, Part 2.5); the California Electrical Code (CCR, Title 24, Part 3); the California Mechanical Code (CCR, Title 24, Part 4); the California Plumbing Code (CCR, Title 24, Part 5); the California Energy Code (CCR, Title 24, Part 6); the California Existing Building Code (CCR, Title 24, Part 10); and the California Green Building Standards Code (CCR, Title 24, Part 11); and
WHEREAS, pursuant to California Government Code Section 50022.2, the City may adopt the 2022 Edition of the CBSC by reference; and
WHEREAS, pursuant to sections 17958.7 and 18941.5 of the California Health & Safety Code, the City may adopt local amendments to the CBSC determined by the City Council to be reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City desires to adopt the 2022 edition of the CBSC with local amendments to provide for the issuance of permits and the collection of fees, to provide adequate
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remediesfor code violations, to establish administrative procedures consistent with City protocols, and to ensure that the state standards are reasonably tailored to local conditions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Findings. Based on the foregoing, the City Council of the City of Coachella does hereby find that the proposed amendments to the 2022 Edition of the CBSC are reasonably necessary for reasons of local climatic, geologic, and topographic conditions as set forth in Exhibit “A” of this Ordinance.
SECTION 3. Code Amendment.
Chapter 15.08 of Title 15 of the Coachella Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.08 Building Code
15.08.010 Adoption of specific sections of the California Building Code.
15.08.020 Enforcement.
15.08.025 Express Findings.
15.08.030 Amendments to the California Building Code.
15.08.010 Adoption of specific sections of the California Building Code.
Except as amended in this chapter, those certain building codes known and designated as the 2022 California Building Code (CBC), including Chapters 2 through 35, and Appendix C, G, H, I, J, N, and O as adopted by the State of California, based on the 2021 International Building Code as published by the International Code Council, except as amended herein, shall become the building code of the City of Coachella for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The 2022 California Building Code and its adopted appendices and amendments are on file for public examination in the offices of the Building Official.
15.08.020 Enforcement.
Pursuant to California Building Code, (California) Chapter 1, Section 1.11.2.1, the delegated enforcement official responsible for the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R, Division 3 Dwellings shall be the Building Official.
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15.08.025 Express Findings.
The City of Coachella finds that the proposed amendments to the California Building Code are reasonable and necessary because of local climactic, geologic, and topographical conditions within the City of Coachella. This finding is supported and based upon the following express findings which address each of these conditions and present the local situation which make the proposed amendments necessary.
I. Climatic Conditions:
A. The City of Coachella located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi-arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns.
Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of seventy (70) miles per hour or greater, are common to the area. Examples are:
Santa Ana/Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.
These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the county. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.
B. Although Riverside County and the City of Coachella occasionally experiences periods of significant drought, the county can also experience periods of substantial rainfall. Annual rainfall varying from three inches in Blythe to over thirty-three (33) inches in Pine Cove. When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the county are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.
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C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly ten million over the next quarter of a century with fifty (50) percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable.
This necessitates the need for additional and on-site fire protection features.
It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as fifty (50) to seventy-five (75) percent.
II. Topographical Conditions
A. Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sea-level, flat desert communities, to mountains over ten thousand (10,000) feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of twenty-five (25) percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the state of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.
B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.
C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
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III. Geological Conditions: Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.
The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas sixty-five (65) miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).
A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
B. Road circulation features located throughout the county also make amendments reasonably necessary. Located through the county are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the five-minute goal.
IV. Administrative Conditions. Alternatively, the City of Coachella finds that the proposed amendments to the California Building Code are administrative in nature.
California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers.
Therefore, the City Council finds that the following table sets forth the 2022 California Existing Building Code sections that have been modified and the associated local climatic, geological, topographical, and/or administrative conditions described above supporting the modification. 2022 BUILDING
CODE SECTION
TITLE/SUBJECT FINDINGS I, II, III
1904.3 Type of cement I, II, III
1907.1 Base course required I, II, III
G101.6 Administration and enforcement Administrative