Agenda packet — Coachella City Council, July 26, 2023 (part 2 of 12)

Item 9.

METER EXCHANGE PROJECT 2023 -47- CONTRACT FOR CONSTRUCTION Notary Acknowledgment
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.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2023, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

END OF CONTRACT

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Item 9.

METER EXCHANGE PROJECT 2023 -48-

PERFORMANCE BOND

BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, California 92236, (hereinafter referred to as the “City”) has awarded to The Van Dyke Corporation, (hereinafter referred to as the “Contractor”) an agreement for Meter Exchange Project 2023, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 24, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Eighty Thousand and Four Hundred Dollars and Zero Cents, ($80,400.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under

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Item 9.

METER EXCHANGE PROJECT 2023 -49-

PERFORMANCE BOND
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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Item 9.

METER EXCHANGE PROJECT 2023 -50-

PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2023.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

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Item 9.

METER EXCHANGE PROJECT 2023 -51-

PERFORMANCE BOND
Notary Acknowledgment
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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Item 9.

METER EXCHANGE PROJECT 2023 -52-

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

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Item 9.

METER EXCHANGE PROJECT 2023 -53-

PERFORMANCE BOND
Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on July 26, 2023, has awarded to The Van Dyke Corporation hereinafter designated as the “Principal,” a contract for the work described as follows Meter Exchange Project 2023 (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 24, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Eighty Thousand and Four Hundred Dollars and Zero Cents, ($80,400.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of

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Item 9.

METER EXCHANGE PROJECT 2023 -54-

PERFORMANCE BOND
any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2023.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

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Item 9.

METER EXCHANGE PROJECT 2023 -55-

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Item 9.

METER EXCHANGE PROJECT 2023 -56-

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

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Item 9.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: Authorize Awarding a Stipend to City of Coachella Resident Engagement Academy Participants in the Amount of $250 to Each Participant for a Total of $6,250
STAFF RECOMMENDATION:

Staff recommends that the City Council authorize awarding a stipend of $250 to each active participants of the City of Coachella Resident Engagement Academy in the amount of $6,250.00.

BACKGROUND:

On June 28, 2023, the City Council authorized the establishment of a City of Coachella Resident Engagement Academy. The academy is set to be an interactive civic education program for Coachella residents that will develop an avenue for the City to communicate its roles and functions and increase civic engagement in the City. The goals and purpose of the Resident Engagement Academy are as follows:

1. Inform the community regarding city government and the decision-making process

2. Provide residents with input opportunities

3. Teach residents how they can contribute to the City

4. Generate active citizens
The Resident Engagement Academy will include twenty-five (25) participants and is set to begin on October 03, 2023, which will take place once a week for a total of seven weeks.

DISCUSSION/ANALYSIS:

Coachella residents experience barriers that can impede them from participating in community engagement programs and/or events. An example of an existing barrier is lack financial resources for childcare. A stipend would serve an incentive and as a method to provide financial assistance to participants, which can also lead to a more diverse group of academy participants.

The academy will include 25 participants. Upon completion of the academy, each participant will receive a $250.00 stipend for a total amount of $6,250.00 as a reward for their active participation

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Item 10.
in the Coachella Resident Engagement Academy. The City will also assess the effectiveness of the stipend in program participation levels during the program evaluation.

FISCAL IMPACT:

If the Council approves the staff recommendation, the $6,250.00 in stipends would be sourced from ARPA funds.

ATTACHMENTS:

1. 06-28-23 Resident Engagement Academy Staff Report

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Item 10.

STAFF REPORT
6/28/2023
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: City of Coachella Resident Engagement Academy
STAFF RECOMMENDATION:

Staff recommends that the City Council authorize establishment of a Resident Engagement Academy for the City of Coachella and provide staff feedback.

BACKGROUND:

The City of Coachella General Plan encourages active community engagement with City of Coachella residents as a “high priority” with a short implementation timeframe of 2 to 4 years after Plan adoption. The General Plan encourages the City to work with partner agencies to create minimum protocols for community outreach and engagement processes for different types of municipal decisions so community members can easily learn about input opportunities and know how to best contribute in the City.

In 2013, the City of Coachella participated in the “Coachella Civic Engagement Academy” (CCAE), which was a conceptual product that resulted from a 1-year collaboration between the City and partner organizations working on the City’s General Plan Update. The CCAE focused on developing a system of community empowerment in the City, while also bridging traditional gaps between community and government. Although the concept was not implemented, the main purpose of the CCAE was to:

1. To create a space where community members can have an opportunity learn about decision-making processes, local government functions and operations, and their impact on the public’s health, and

2. To develop an avenue for the City of Coachella’s leadership to communicate its roles and functions and to raise an objective awareness of civic participation’s barriers.

DISCUSSION/ANALYSIS:

The establishment of a Resident Engagement Academy in the City of Coachella is fundamental as it plays a key role in the implementation of the City’s General Plan and has been in the works for the past 10 years. The academy is set to be an interactive civic education program for Coachella

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Item 10.
residents that will develop an avenue for the City to communicate its roles and functions and increase civic engagement in the City. The goals and purpose of the Resident Engagement Academy are as follows:

1. Inform the community regarding city government and the decision-making process

2. Provide residents with input opportunities

3. Teach residents how they can contribute to the City

4. Generate active citizens with a sense of belonging
The Resident Engagement Academy would be scheduled to start in the fall of 2023 with a group of up to 25 Coachella residents. Outreach would begin in the Summer through the City’s social media platform and flier postings in both English and Spanish. The following Academy modules are proposed and were identified discussion between local nonprofit, county and local government entities:

1. History of Coachella

2. Parks and Recreation

3. Wastewater and Water Utilities

4. City Finances

5. Land Use Planning/Building and Safety

6. Engineering and Streets

7. Community Health and Wellness

8. Community Engagement.

City Directors and Managers would facilitate each module based on their discipline, which will include a presentation and interactive group activity. At the conclusion of the Academy, participants would be presented with certificates at a closing ceremony in recognition of their participation. Staff has communicated with the Riverside University Health System to provide evaluation services for the program to determine the program’s effectiveness in increasing civic engagement and awareness of City government.

Staff seeks additional feedback and direction from the City Council in the implementation a Resident Engagement Academy in the City.

FISCAL IMPACT:

The provision of meals is budgeted for each Academy meeting in the Fiscal Year 23-24 budget for the Development Services Department. The program is designed to minimize the use of City resources and will be hosted in the conference rooms of the Coachella Library.

ATTACHMENTS:

1. 2013 Coachella Civic Engagement Academy Report

2. General Plan Implementation Actions

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Item 10.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Resolution No. 2023-58 approving a Part Time Public Works Parks Maintenance Worker, in the Parks Division, and defunding a Part Time Parks Ranger position, in the Parks and Recreation Division.

STAFF RECOMMENDATION:

Resolution No. 2023-58 approving a Part Time Public Works Parks Maintenance Worker, in the Parks Division, and defunding a Part Time Parks Ranger position, in the Parks and Recreation Division.

EXECUTIVE SUMMARY:

The approved fiscal year 2023-2024 budget included a new part-time Parks Ranger position within the Parks and Recreation Division of the Public Works Department. This position was intended to be a part-time Public Works Parks Maintenance Worker position within the Parks Division.

The duties assigned to this position will all be park maintenance duties. This position was created to absorb the park maintenance duties previously assigned to the Parks Ranger positions while they were in the Public Works Department. As part of the approved FY 23-24 budget, the Parks Ranger positions are now assigned to support the Code Enforcement Division, in the Development Services Department.

Staff is requesting approval of a Part Time Public Works Park Maintenance position, in lieu of the approved Part Time Parks Ranger position, as it better aligns with the duties and responsibilities of the Public Works Department.

FISCAL IMPACT:

The requested action will result in an annual savings of approximately $6,000; please see below salary scale grades for both positions.

Position Pay Grade Hourly Salary
PT Parks Maintenance Worker 2 $24.77 - $30.11
PT Parks Ranger 25 $28.93 - $35.16
Attachments - Resolution

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Item 11.

RESOLUTION NO. 2023-58

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COACHELLA, CALIFORNIA, APPROVING A PART TIME

PUBLIC WORKS PARKS MAINTENANCE WORKER POSITION IN THE PARKS

DIVISION AND DEFUNDING A PART TIME PARKS RANGER POSITION IN THE PARKS AND RECREATION DIVISION.

WHEREAS, the organizational structure and budget for Fiscal Year 2023-24 was approved to include a Part Time Parks Ranger Position (Parks and Recreation); WHEREAS, the Parks Rangers are now in the Development Services Department (Code Enforcement);
WHEREAS, the reassignment of the Parks Rangers to the Development Services Department requires an additional Part Time Public Works Parks Maintenance position to address the park maintenance duties previously assigned to the Parks Rangers; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

1. Defund a Part Time Parks Ranger Position as approved by Resolution 2023-32.

2. Approve and fund a new Part Time Public Works Parks Maintenance Position for the Parks Division of the Public Works Department.

PASSED, APPROVED and ADOPTED this 26th day of July, 2023. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 11.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-58 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 26th day of July 2023, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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Item 11.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Updated Cooperative Agreement for El Grito Event between: the City of Coachella, Telemundo and Mexican Consulate in San Bernardino and approve operation of a beer garden at Rancho Las Flore Park for the 2023 El Grito Event.

STAFF RECOMMENDATION:

Approve Updated Cooperative Agreement for El Grito Event between: the City of Coachella, Telemundo and Mexican Consulate in San Bernardino and approve operation of a beer garden at Rancho Las Flore Park for the 2023 El Grito Event.

EXECUTIVE SUMMARY:

The El Grito event is an annual City event delivered in partnership with the following agencies:

Telemundo, and the Mexican Consulate in San Bernardino (Consulate). The City Council approved the Cooperative Agreement on May 10, 2023 with the listed event date as Saturday, September 16th from 3pm-10pm.

On June 28, 2023, Telemundo reported back to Council its recommendation that this year’s event date should be adjusted from Saturday, September 16th to Sunday, September 17th. This change will allow Telemundo to solicit higher quality talent for this year’s event. This event draws 15,000- 20,000 attendees to Rancho Las Flores Park annually; this is the largest of the city’s annual events.

Staff is recommending approval of the Updated Cooperative Agreement and authorizing operation of a beer garden at Rancho Las Flores Park for the 2023 “El Grito” event at Rancho Las Flores Park on September 17, 2023 from 3pm to 11pm.

FISCAL IMPACT:

This event has been included in the budget submittals for FY 2023/24; the recommended action will not have fiscal impact.

Attachment: Updated Cooperative Agreement

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Item 12.
1 UPDATED COOPERATIVE AGREEMENT
This Agreement (“Agreement”) is made as of July 26, 2023 by and between Gulf-California Broadcast Company for KUNA Telemundo 15 and La Poderosa 96.7 (“KUNA-TV-FM”), the City of Coachella (“City”) and the Mexican Consulate (“Consulate”) in reference to the following facts.

RECITALS
A. KUNA-TV-FM is in the business of advertising and promoting special events and festivals; B. The City has approached KUNA-TV-FM to partner in delivering Fiestas Patrias (“Event”) which in 2023 would be held on September 17, 2023 at Rancho Las Flores Park, in the City of Coachella, from 3pm to 10pm;
C. The City’s goal for the Event is to promote and enhance the good will and reputation of the City of Coachella, attract visitors to the City and to provide positive cultural education and experience for the residents and visitors to the City; and D. Therefore, the parties have agreed to collaborate with one another in connection with the development, production and promotion of the Event.

WHEREFORE, the parties agree as follows.

AGREEMENT

1. Collaboration. The parties hereby agree to collaborate for the purpose of presenting the Event.

The Event will be held on September 17, 2023. The target attendance is 15,000-20,000 participants, exclusive of event staff, vendors and performers.

2. Contributions By KUNA-TV-FM. KUNA Telemundo 15 and La Poderosa 96.7 will be responsible for performing and sponsoring payment of the following:
a. Arranging for marketing and promotion of the Event:
i. Five week on-air promotion (August 13, 2023 – September 18, 2023)

1. KUNA Telemundo 15
a. 150x – KUNA Telemundo, 30 second shared promos
b. Minimum of 10x – On-Air mentions during the KUNA Noticias newscast at 6pm and 11pm the week leading to the event
c. On air interviews with the City, Consulate or any talent available the week of the event.
d. 35x - Proof of Performance post event spots to air the week after the event

2. La Poderosa 96.7
a. 150x – KUNA-FM, 60 second shared promos
b. 90x – 30 second event promos
c. 375x – Live DJ On-Air Event Mentions
d. Minimum of 1,200 Artist/Event Headliners promoting the event e. On air Interviews during the morning show with the City, Consulate or any talent available the week of the event.

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Item 12.
2 f. 35x – Proof of Performance post event spots to air the week after the event

3. Social media and kunamundo.com
a. Frequent KUNA Noticias Telemundo 15 and La Poderosa 96.7 Facebook posts and KUNA Telemundo Instagram,
b. Rotating Leaderboard and rectangle web banners on
kunamundo.com
c. 150x – 60 second shared promos on streaming radio
d. Banner ad on streaming radio
ii. Provided for at Event site and on Event date:

1. KUNA Telemundo and La Poderosa 96.7 hourly Facebook posts and KUNA Telemundo Instagram coverage;

2. News coverage on KUNA Telemundo of event on air at 6pm and 11pm the following Monday on September 18th;

3. One (1), two(2) hour live remote on location from 1pm-3pm;

4. Eight (8) – live onsite mentions on day of event by remote staff;

5. Event Emcees for entire event 3pm-10pm (KUNA Telemundo and La Poderosa 96.7 On-Air Talent).
iii. Total media value of promotional support $80,000.00 iv. Live Entertainment

1. DJ to play in between sets on Event main stage 3pm-10pm

2. Book headliners for the Event commencing at 3pm on Event main stage; a. Headliners will include at least three bands performing for fortyfive (45) minutes each; b. Confirm and provide all headliner requested amenities and Green Room(s);
c. Confirm a local talent band performing for forty-five (45) minutes;
d. Provide Total entertainment value of booking headliners should equal not less than $20,000-$30,000;
e. Develop sponsorship packages;
f. Locating and engaging sponsors for the Event;
g. Locating and engaging a stage sponsor for the Event.

3. Contributions By City. The City will be responsible for performing and paying for the following:
a. Interfacing with all appropriate governmental agencies and facilitating, to the extent reasonably possible, required for the Event to be held lawfully (Fire Department, ABC License and Health Department Permit) and approvals which are required for the Event to be held lawfully as it pertains to beer and food sales; b. Provide youth activities and kid zone rentals;
c. Selecting and providing in-kind services for the following needs: parking attendants, sanitation, solid waste, and first aid;
d. Provide Utilities (water, power, greywater) as needed for Event;

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Item 12.
3 e. Furnish all public safety, traffic control services needed for Event; f. Arrange for all components of Event parking;
g. Furnish rentals for Food Vendor Booths and VIP Area; h. Provide food and beverages for VIP area;
i. Manage and secure all food vendor booth entries
j. Provide for stage and sound costs after sponsorship contributions are applied to the aggregate stage and sound expenses.
k. Selecting and contracting for security personnel for Event Beer Garden, Event Venue – personnel minimum 14;
l. Selecting and contracting for beer garden supplies and sales; m. VIP/Vendor event passes and VIP/Vendor/Artist parking passes

4. Contributions by the Mexican Consulate San Bernardino Office. The Consulate will be responsible for the following:
a. Perform “El Grito” Ceremony on September 17, 2023;
b. Arrange performance of Mexican Anthem.

5. Event Location. The location of the Event will be the Rancho Las Flores Park, in the City of Coachella, commencing at 3pm and ending at 10pm.

6. Default. In the event that one party believes the other party is in breach of this Agreement, written notice thereof will be delivered to that party who will have 30 days within which to cure the default. If the default is not cured in a timely manner, the party who served the notice may terminate the Agreement and recover any damages incurred; provided, however, no Event may be cancelled within three (3) months of the date of the Event for any reason.

7. Indemnity. The City will indemnify, defend and hold harmless the Telemundo, Consulate and their officers, directors, members, managers, agents and owners, of and from all liability, expense, injury, damage, judgement, award, attorney’s fees or costs, arising from or related to any breach of this Agreement by, or any act or omission of, the City. Telemundo will indemnify, defend and hold harmless the City, Consulate and their officers, directors, members, managers, agents and owners, of and from all liability, expense, injury, damage, judgement, award, attorney’s fees or costs, arising from or related to any breach of this Agreement by, or any act or omission of, Telemundo. The Consulate will indemnify, defend and hold harmless Telemundo, and City and their officers, directors, members, managers, agents and owners, of and from all liability, expense, injury, damage, judgement, award, attorney’s fees or costs, arising from or related to any breach of this Agreement by, or any act or omission of, the Consulate.

8. Sole Responsibility. Each Party acknowledges that it is solely responsible for any obligations it assumes or debts it incurs to third parties in the performance of the Agreement. Each Party will include in any agreements it enters into with third parties with respect to this Event that the Party is solely responsible for any failure to perform.

9. California Law. This Agreement shall be enforced and interpreted in accordance with the laws of the State of California.

10. Arbitration of Disputes. All disputes arising under or related to this Agreement will be decided by binding arbitration to take place in San Bernardino County before a mutually agreeable retired judge whose decision will be final and binding. The initial expense of the arbitration will

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4 be split evenly but will be a recoverable cost to the prevailing party. The prevailing party in any such arbitration, or in any court action between the parties, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs.

11. Binding on Successors. This Agreement will be binding on and inure to the benefit of the parties and their respective successors, transferees, assignees, representatives, and all like persons.

12. Amendments. No purported alteration, modification, or amendment of this Agreement will be valid or binding, to any degree or at all, unless and until it is reduced to writing and signed by all parties.

13. Entire Agreement. This document contains the sole, entire, and exclusive Agreement between the parties on any subject. There are no prior or contemporaneous promises, understandings, agreements, representations, inducements, or warranties made by one party hereof to the other party except for those expressly contained within this Agreement.

14. Notices. Any notices required or permitted to be given under this Agreement shall be served by personal delivery or by fax or email as follows:

If to City: City of Coachella
Attention: City Manager
53-990 Enterprise Way
Coachella, CA 92236
If to Telemundo:

Attention: General Sales Manager, KUNA
31276 Dunham Way
Thousand Palms, CA 92276
If to Mexican Consulate:

Attention: Head Consul
293 N. D Street
San Bernardino, CA 92401

15. Counterparts. This Agreement may be executed in three counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [Signatures on following page]

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5 Wherefore, This Agreement is made of the date first written above.

City of Coachella
By: ____________________________________
Gabriel D. Martin Ph.D, City Manager
Approved as to Form:

By: ___________________________________
Best Best & Krieger LLP, City Attorney
Gulf-California Broadcast Company for KUNA Telemundo 15 and La Poderosa 96.7 By: ____________________________________
Celeste Gonzalez, General Sales Manager-KUNA
Mexican Consulate, San Bernardino
By: ____________________________________

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d

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award construction agreement to Superb Engineering for Las Luna & Calle Bouganvilia Retention Basin Landscape Improvements, City Project No. LL-01 & LL-05, for $177,039.

STAFF RECOMMENDATION:

Award construction agreement to Superb Engineering for Las Luna & Calle Bouganvilia Retention Basin Landscape Improvements, City Project No. LL-01 & LL-05, for $177,039.

EXECUTIVE SUMMARY:

In May 2022, staff presented to Council the proposed landscape improvements to the retention basins on Calle Bouganvilia and Las Lunas. Bids and specifications were drafted and the City published a Bid for Las Luna & Calle Bouganvilia Retention Basin Landscape Improvements, City Project No. LL-01 & LL-05. This bid closed on June 27, 2023 and the City received the following five responses; with the apparent lowest responsible responsive bidder being Superb Engineering:

Contractor Bid Amount

1.Superb Engineering $177,039.00

2.Kormex Construction, Inc. $235,690.00

3.Urban Habitat $238,295.00

4.Conserve Landcare $262,770.00

5.Marina Landscape, Inc. $291,945.00
On July 3, 2023, staff received one bid protest from Urban Habitat (attached); Urban Habitat submitted the third lowest bid as identified above. The Bid Protest from Urban Habitat stated that the bids received from Superb Engineering and Kormex Construction, Inc. should be rejected as “Non-Responsive” and not considered. The City Attorney reviewed the Bid Protest and has advised the documents received were “Responsive.” Thus, staff can proceed to recommend award to Superb Engineering, the lowest responsible bidder, submitting a responsive bid; the response to the Bid Protest is also attached to this report.

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Staff recommends award of a construction agreement to Superb Engineering, in the amount of $177,039, for the Las Luna & Calle Bouganvilia Retention Basin Landscape Improvements, City Project No. LL-01 & LL-05. The project will landscape two retention basins; one located at the corner of Calle Bouganvillia/Calle Gardenia and the second located at Las Lunas/Las Cruces Street.

FISCAL IMPACT:

The recommended action will not have a negative fiscal impact on the budget. Funds for the identified improvements are available in the fund balance for the corresponding LLMDs and Proposition 1 turf removal grant funding.

Attachments:

Bid Protest
Bid Protest Response
Proposed Construction Agreement

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Joseph M. Hanna (retired)
Lauren B. Stec
Attorney at Law
[email protected]
{3078 30117}
625 The City Drive South, Suite 190, Orange, CA 92868 P 714-620-2350 F 714-703-1610 July 3, 2023

VIA E-MAIL AND HAND DELIVERY
Maritza Martinez
Office of the Public Works Director
City of Coachella
53462 Enterprise Way
Coachella, California, 92236
[email protected]
RE: URBAN HABITAT’S PROTEST OF SUPERB ENGINEERING AND KORMEX

CONSTRUCTION
Project: Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvements City of Coachella Project No. LL-01 & LL-05
Dear Ms. Martinez,
We represent Urban Habitat with regard to its bid on the City of Coachella (the “City”) Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvements City of Coachella Project No. LL-01 & LL-05. This letter serves as Urban Habitat’s formal protest against the first lowest bidder, Superb Engineering, and the second lowest bidder, Kormex Construction’s, bids. This bid protest is in compliance with the City’s Protest Instructions set forth in the Article 27. Superb and Kormex’s bids on the Project are non-responsive and not responsible thus must be rejected, as addressed in detail below. Urban Habitat requests that the City reject Superb and Kormex’s Bids and award the Project to Urban Habitat as the lowest responsive and responsible bidder.

I. URBAN HABITAT’S BID PROTEST IS TIMELY AND IN COMPLIANCE WITH ARTICLE 27.

Urban Habitat timely submits this bid protest two business days after receiving copies of Superb and Kormex’s bids in compliance with Article 27. Article 27 provides in part:

Bidders may file a “protest” of a Bid with the City. In order for a Bidder’s protest to be considered valid, the protest must: Any bid protest must be in writing and received by City at the Office of the Public Works Director located at 53462 Enterprise Way, Coachella, California, 92236, before 5:00 P.M., no later than two working days following the bid opening (the "Bid Protest Deadline")
Here, the bids were opened on Tuesday, June 27th. That same day, Urban Habitat requested copies of Superb and Kormex’s bids to review in anticipation of protesting. To Urban Habitat’s request, the City

File No. 30117

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responded, “Give us some time to get it scanned and we will get it to you by next Monday after our July 1 event.” Urban Habitat promptly responded:

Thank you, Vincent.

We just ask the city to allow us reasonable time to review what you send us before any deadline that may approach for us to respond.

Send whenever you can. (Emphasis added.)
Thereafter, copies of Superb and Kormex’s bids were provided on Thursday June 29th. A true and correct copy of the email exchange between Urban Habitat and the City is attached hereto as Exhibit A. Two business days following receipt of Superb and Kormex’s bids is today, Monday July 3, 2023.

Therefore, Urban Habitat’s bid protest is timely.

II. SUPERB AND KORMEX’S ARE NON-RESPONSIVE.

Superb and Kormex’s bids are nonresponsive because (1) Superb fraudulently listed projects performed prior to its incorporation, (2) Superb fraudulently listed projects that were performed by its president’s former employers, and (3) Kormex’s bid is non-responsive as it fails to complete Section F(1) of its Bid.

A basic rule of competitive bidding is that bids must conform to specifications, and that if a bid does not so conform, it may not be accepted. A truly nonresponsive bid may be summarily denied by a public entity even if the bid is otherwise monetarily the best for the entity. Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th 1425, 1428. A bid is responsive if it promises to do what the bidding instructions demand. Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341. Usually, whether a bid is responsive can be determined from the face of the bid without outside investigation or information. Id. at 1342. The test for responsiveness focuses on the four corners of the bid documents and does not consider information or details outside of the bid and bid documents. Great West Contractors, Inc., supra, 187 Cal.App.4th 1425, 1428. When evaluating a bid, a public entity must follow the requirements of the Public Contract Code and any additional requirements it mandates in the bid documents. Poza v. Department of Transp. (1983) 145 Cal.App.3d 269 (emphasis added). A public entity may only waive minor or inconsequential irregularities in a bid, and bids that differ materially from the bid specifications must be rejected. Ghilotti Construction Co. v. Richmond (1996) 45 Cal. App. 4th. 897, 904.

Typically, the material terms of a bid, which are not waivable, are those that affect price, quantity, quality, or delivery, along with those terms that the bid package clearly identifies as mandatory. Konica Business Machines v. Regents of the University of California (1988) 206 Cal.App.3d 449, 454-455. A bid also fails to comply materially with the bid package if it gives the bidder an unfair competitive advantage over other bidders. Ghilotti Construction Co., supra, 45 Cal. App. 4th. at 904. Unfair advantages include those errors and omissions which would allow a contractor to withdraw its bid.

Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1442. Finally, deviations that could be a vehicle for favoritism, influence potential bidders to refrain from bidding, or affect the ability of the party receiving the bids to make bid comparisons are material deviations that may not be

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waived. Konica Business Machines, supra, 206 Cal.App.3d at 455. This remains true even if there is no actual evidence of favoritism or other improprieties. Id.

III. SUPERB’S BID SHOULD BE REJECTED AS NON-RESPONSIVE.

Superb’s bid should be rejected as non-responsive because it failed to properly complete Section C, List of Completed Projects-Last Three Years. A true and correct copy of Superb’s Bid is attached as Exhibit B. Superb, in attempt to mislead the City, listed projects that were completed prior to the date Superb was opened. Additionally, the projects that were listed were completed by other contractors, namely, Urban Habitat and Conserve Landcare. Superb’s bid must be rejected for these reasons.

A. Superb’s Bid Should be Rejected Because it Fraudulently Listed Projects That Were Completed Prior to its Incorporation.

Superb’s Bid must be rejected because the Projects it listed on Section C were completed prior to Superb’s opening. Section C of the Bid Form expressly provides, “Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.” This section is used to confirm that the bidder who is bidding the project has the requisite skill and knowledge to complete this project for the City. However, Superb has failed to list a single project it completed, instead, it attempts to take credit for projects there were completed by other contractors before Superb was even organized as a company!
Under the Section Bidder Information and Experience Form, page 30 of Superb’s Bid, it states that the business was organized on May 25, 2023. Nevertheless, on Section C, List of Completed ProjectsLast Three Years, page 34, Superb lists three projects, all completed prior to 2023. The first project, North La Quinta Landscape Renovation Improvements was completed in December 2022, six months before Superb was organized. The second project, City of Temecula K-8 STEAM Academy was completed in April 2021, two years before Superb was organized. Finally, the third project Superb listed, was City of Yorba Linda Medians and Transitions which was completed in August 2021, almost two years before Superb was organized. It is clear that Superb did not perform any of these projects and thus cannot demonstrate the required experience and skill to complete this project for the City.

B. Superb’s Bid Should be Rejected Because it Deceitfully Listed Projects That Were Performed by the President, Estela Candelario’s, Former Employers.

Superb’s bid should also be rejected because it intentionally attempted to deceive the City by representing that it completed projects that were in fact completed by the president of Superb, Estela Candelario’s former employers, Urban Habitat and Conserve Landcare. The first project, North La Quinta Landscape Renovation Improvements, DIR Project #427531, was actually a project that was awarded to and performed by Urban Habitat, the protester here. Ms. Candelario is a former employee of Urban Habitat. Nevertheless, Ms. Candelario lists this project to try to defraud the City into thinking her brand new company, Superb, performed the project. It did not. A true and correct copy of the Project Details for DIR Project #427531 from the DIR website is attached as Exhibit C.

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The second project City of Temecula K-8 STEAM Academy, DIR Project #329357 was awarded to and performed by several contractors but not by Superb. A true and correct copy of the Project Details for DIR Project #329357 from the DIR website is attached as Exhibit D.

The third project Superb listed, City of Yorba Linda Medians and Transitions, DIR Project # 244396, was awarded to Conserve Landcare back in 2018, not Superb. A true and correct copy of the Project Details for DIR Project #244396 from the DIR website is attached as Exhibit E.

Based on this information, specifically, that Superb has attempted to deceive the City by misrepresenting the projects it has completed, Superb’s bid should be rejected.

IV. KORMEX’S BID SHOULD BE REJECTED AS NON-RESPONSIVE.

Kormex’s bid should also be deemed non-responsive by the City because it failed to complete the Bid Form. A true and correct copy of Kormex’s Bid is attached hereto as Exhibit F. Specifically, on page 19 of Kormex’s Bid Form, under Section F(1) it states:

F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number: N/A
Expiration date: N/A
License classification: N/A
Kormex fails to fill out this section with license information. By failing to complete this information, Kormex does not certify to the City that “it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California” and that it will be “properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded.” Kormex’s failure to complete the Bid Form renders its bid non-responsive. Additionally, because this is a material certification required by the Bid Documents, Kormex’s failure to fill out this section provides it with an unfair advantage because it would be allowed to withdraw its bid claiming an inadvertent clerical mistake, and thus, releasing its bid bond without consequence. This material advantage is why the City cannot waive this defect and why the City should reject Kormex’s non-responsive bid.

V. CONCLUSION
Superb and Kormex’s bids failed to comply with the requirements of the bid documents. The failures of Superb and Kormex to comply with the bid requirement, as identified in detail above, constitute material deviations from the Invitation for Bid. These failures provide Superb and Kormex with an

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unfair competitive advantage. Furthermore, Superb has attempted to defraud the City by listing projects that it was never awarded or completed. As a result of Superb and Kormex’s bids being nonresponsive, Urban Habitat requests the City reject Superb and Kormex’s bids and award the Project to Urban Habitat as the lowest responsive and responsible bidder.

Urban Habitat is appreciative of the time the City has spent on this matter and hopes for a quick resolution.

Sincerely,
LAUREN B. STEC
Attorney at Law for the Firm
Enclosures
cc: Via email only
Estela Candelario dba Superb Engineering
President
[email protected]
Via email
Monick Lopez
President
Kormex Construction, Inc.

Fax: 909-218-5701
[email protected]
[email protected]

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EXHIBIT A

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1 Lauren B. Stec
To: Charles K. Stec
Subject: RE: RFP - Bid Opening (Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvements LL-01 & LL-05
From: Brett Brennan <[email protected]>
Date: Tuesday, June 27, 2023 at 4:24 PM
To: Vincent Orfano <[email protected]>, Tony Ponce <[email protected]> Cc: Theresa Brennan <[email protected]>, Josie Lechuga <[email protected]> Subject: Re: RFP - Bid Opening (Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvements LL-01 & LL-05
Thank you, Vincent.

We just ask the city to allow us reasonable time to review what you send us before any deadline that may approach for us to respond.

Send whenever you can.

Thanks Again.

Brett Brennan
CEO
PO Box 1177 · La Quinta, CA 92247
Office 760·345·1101 · Cell 661·877·8171 · Fax 855·469·4224

From: Vincent Orfano <[email protected]>
Sent: Tuesday, June 27, 2023 4:19 PM
To: Tony Ponce <[email protected]>
Cc: Theresa Brennan <[email protected]>; Josie Lechuga <[email protected]>; Brett Brennan <[email protected]>
Subject: RE: RFP - Bid Opening (Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvements LL-01 & LL-05

Hi Tony,
Give us some time to get it scanned and we will get it to you by next Monday after our July 1 event.

Thank you,
Vince

Vincent Orfano

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2 Management Analyst
City of Coachella
53-462 Enterprise Way
Coachella, California 92236
[email protected]
Main: 760.501.8100
Office: 760.501.8127

From: Tony Ponce <[email protected]>
Sent: June 27 23 4:18 PM
To: Vincent Orfano <[email protected]>
Cc: Theresa Brennan <[email protected]>; Josie Lechuga <[email protected]>; Brett Brennan <[email protected]>
Subject: RFP - Bid Opening (Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvements LL-01 & LL-05

Good Afternoon Vincent, we just spoke a few minutes ago.

This email is regarding our request to view the bid documents for the 2 lowest bidders on Las Lunas & Calle Bougainvillea. (Superb Engineering & Kormex Construction Inc).

Your help with this is greatly appreciated.

Thanks.

Tony Ponce
Estimating and Sales Manager
Physical Address: 47250 Washington St., Ste. B, La Quinta, CA 92253 Mailing Address: PO Box 1177 · La Quinta, CA 92247
Office 760·345·1101 · Cell 760·972-2192· Fax 855·469·4224 California License 963744

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EXHIBIT B

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EXHIBIT C

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CA.gov | Contact Us | DLSE
Division of Apprenticeship Standard / Division of Labor Standards Enforcement Back to Top | Conditions of Use | Accessibility | Contact Us | Data Collections and Use Copyright © 2010 State of California
Home Labor Law Cal/OSHA - Safety & Health Workers' Comp Self Insurance Apprenticeship Director's Office Boards Home Search PWC-100 Search Results
SEARCH RESULTS - 1 record found
Click the DIR Project ID to see more information about the project.

ID
Awarding Body/
Development Proponent Project Name Site Address Dates Classification County Project Number:
2016-03F2
&2016-03F3
DIR Project
ID: 427531
The City of La Quinta La Quinta Landscape
Renovation Improvement -
Desert Pride, Marbella,
and Sierra Del Rey
Amount:
$1,595,208.71
South side of Miles Ave,
east and west side of
Adams and the corner of
Ashley Way and Desert
Stream
Advertised:
06/15/2022
Award:
07/19/2022
Est. Start:
08/08/2022
Est. Comp:
01/31/2023

CEMENT MASONS

LABORERS

OPERATING ENG

RIVERSIDE
Contractor Sub Contractor
PWCR/CSLB/Lic Name PWCR/CSLB/Lic Name
1000003890 URBAN HABITAT
New Search

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EXHIBIT D

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ID
Awarding Body/
Development Proponent Project Name Site Address Dates Classification County Project Number:
2019-20-13082
DIR Project
ID: 329357
Temecula Valley Unified
School District
K-8 STEAM ACADEMY -
Phase 1 Inc 2
Amount:
$24,440,000.00
35780 Abelia Street
Winchester, CA 92596
Advertised:
03/23/2020
Award:
05/05/2020
Est. Start:
05/18/2020
Est. Comp:
10/30/2021

CEMENT MASONS

LABORERS

RIVERSIDE
Contractor Sub Contractor
PWCR/CSLB/Lic Name PWCR/CSLB/Lic Name
1000000953 BOGH ENGINEERING INC
1000006947 DAVID M. BERTINO MANUFACTURING, INC.
1000008296 B.F. STEEL, INC.
1000005533 CUYAMACA CONST., INC.
1000007015 ARCHIBALD SHEET METAL, INC.
1000002082 MCKERNAN INC.
1000001222 CASTON, INC.
1000005041 REED FAMILY ENTERPRISES INC.
1000002449 CONTINENTAL FLOORING, INC
1000411497 FAS PAINTING & WALLCOVERING INC
1000377799 SOUTHCOAST ACOUSTICAL INTERIORS, INC,.
1000001538 EMPYREAN PLUMBING, INC.
1000001207 ALL STAR AIR SYSTEMS, INC.
1000001571 CHAMPION ELECTRIC INC
1000000801 JPI DEVELOPMENT GROUP, INC
1000456875 PREMIER CULINARY SOLUTIONS, INC.
1000007443 LEIGHTON CONSULTING, INC
1000001928 DIGITAL NETWORKS GROUP, INC.
1000000466 BAKER ELECTRIC & RENEWABLES LLC
1000004292 AVIDEX INDUSTRIES, LLC
New Search

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EXHIBIT E

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ID
Awarding Body/
Development Proponent Project Name Site Address Dates Classification County Project Number:

PW-LMAD-MRPPH-03
DIR Project
ID: 244396
City of Yorba Linda MEDIAN LANDSCAPE
RENOVATION PHASE 3
Amount:
$750,370.50

VARIOUS MEDIANS

THROUGHOUT THE CITY

OF YORBA LINDA
Advertised:
04/19/2018
Award:
06/05/2018
Est. Start:
07/09/2018
Est. Comp:
02/15/2019

LABORERS ORANGE
Contractor Sub Contractor
PWCR/CSLB/Lic Name PWCR/CSLB/Lic Name
1000009166 CONSERVE LANDCARE
New Search

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CONTRACTOR AGREEMENT
This Contract for Construction (“Contract”), is made and entered into this 26 th day of June, 2023,
by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Superb Engineering, with its principal place of business at 1052 Oregon Trail, Banning, CA 92220, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Las Lunas & Calle Bouganvilia Retention Basin Landscape Improvement CITY PROJECT NO. LL-01 & LL-05
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TERM.

The term of this Agreement shall commence on the 1
st day of August 2023, and shall terminate
by the 30
th day of November 2023, unless terminated earlier as set forth herein. The full project shall be completed within 30 Working Days from the date specified in the Notice to Proceed.

Contractor and City agree that time is of the essence regarding the performance of this Agreement. All work called for under this Agreement will require the Contractor submit and City approve a Project Schedule for completion of work requested.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the not to exceed sum of One Hundred Seventy-Seven Thousand Thirty Nine Dollars and No Cents ($177,039.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Proposal Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time (per approved Project Schedule). Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section

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53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Proposers
ProposalForms
ProposalAcknowledgement
ProposalSchedule
ProposalGuarantee
Designation of Subcontractors
Information Required of Proposers
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

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All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By:

Dr. Gabriel D. Martin
City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

SUPERB ENGINEERING
By:

Its:

Printed
Name:

By:

Its:

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

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Item 13.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize award of a professional services agreement to Rhythm Tech Productions LLC, in the amount of $32,799.81, for the 2023 El Grito event.

STAFF RECOMMENDATION:

Authorize award of a professional services agreement to Rhythm Tech Productions LLC, in the amount of $32,799.81, for the 2023 El Grito event.

EXECUTIVE SUMMARY:

On May 10, 2023, City Council approved a Cooperative Agreement between the City of Coachella and the following partners to develop and present Fiestas Patrias – El Grito- Event for 2023:

KUNA/Telemundo and the Mexican Consulate of San Bernardino. As identified in the Cooperative Agreement the City of Coachella provide for the sound, stage and lighting costs for the event. Staff has solicited informal bids and received the following responses:
1) Rhythm Tech Productions LLC. $32,799.81
2) SDC Sound $42,638.00
3) Props AV $50,000.00
Based on the responses received staff requests authorization to award a professional services agreement to Rhythm Tech Productions LLC, in the amount of $32,799.81, for the 2023 Fiestas Patrias-El Grito Event sound, stage and lighting services.

FISCAL IMPACT:

Approval of the recommended action is budgeted for in the approved FY 23/24 budget.

Attachment:

Agreement

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Item 14.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize execution of Rideshare Services Agreement with Latino Equity Advocacy Policy Institute and authorize the City Manager to sign the Master Lease Equity Agreement with Enterprise Fleet Management, Inc. for the purchase of seventeen (17) Model Y Teslas, in the amount of $1,029,010.

STAFF RECOMMENDATION:

Authorize execution of Rideshare Services Agreement with Latino Equity Advocacy Policy Institute and authorize the City Manager to sign the Master Lease Equity Agreement with Enterprise Fleet Management, Inc. for the purchase of seventeen (17) Model Y Teslas, in the amount of $1,029,010.

EXECUTIVE SUMMARY:

In 2020, the City received an Affordable Housing and Sustainable Communities (“AHSC”) Program grant from the California Department of Housing and Community Development (“HCD”). One of the programmatic commitments the City identified in the grant was that the City would provide rideshare services in partnership with the Latino Equity Advocacy and Policy Institute (LEAP Institute). The LEAP Institute’s proposal identified it would provide the rideshare programmatic services by utilizing Model Y Tesla vehicles purchased with the grant funding awarded.

To meet the grant requirements staff is requesting the City Manager be authorized to sign the attached Master Lease Equity Agreement with Enterprise Fleet Management Inc. for the purchase of seventeen (17) Model Y Tesla units, which will be used to provide the rideshare services. The cost of each Tesla unit is $60,530 and the total cost for seventeen (17) units is $1,029,010.

Staff is also requesting authorization for the City Manager to sign the attached Rideshare Services Agreement between the City of Coachella and LEAP. The Rideshare Services Agreement outlines the rideshare services the LEAP Institute will provide locally and also transfers title/maintenance/liability for the seventeen (17) Tesla units, after they are procured, to the LEAP Institute. The ridesharing program will provide for trips throughout the community for a variety of uses including employment, doctor visits, commute to school and will be managed by the LEAP Institute. LEAP will designate a Program Manager who will serve as the City’s primary point of contact; rideshare services will be available from an on-demand application. The Program

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Manager will also appoint members to the Program Team to handle operations, dispatch, driver onboarding, driver management, fleet maintenance, marketing, and data analytics.

FISCAL IMPACT:

Affordable Housing and Sustainable Communities (“AHSC”) Program grant funds will be used to purchase the seventeen (17) Teslas; the recommended action does not have a fiscal impact.

Attachments:

Master Lease Equity Agreement with Enterprise Fleet Management, Inc.

Rideshare Services Agreement

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80237.00000\40918539.3
1 CITY OF COACHELLA

RIDESHARE SERVICES AGREEMENT
This Rideshare Services Agreement (“Agreement”) is made and entered into this 26th day of July, 2023 (“Effective Date”) 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 53990 Enterprise Way, Coachella, California 92236, County of Riverside, State of California (“City”) and The Latino Equity Advocacy and Policy Institute, with its principal place of business at 1515 E. Divisadero Street, Suite 108, Fresno, California 93721 (“LEAP”). City and LEAP are sometimes referred to herein individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, the City received an Affordable Housing and Sustainable Communities (“AHSC”) Program grant award from the California Department of Housing and Community Development (“HCD”) to, among other things, purchase 40 vans for the use by CalVans to provide vanpool services throughout Riverside County and memorialized in Standard Agreement Number 19-AHSC-12800 (the “Standard Agreement”) and the Affordable Housing and Sustainable Communities Program Disbursement Agreement dated September 21, 2020 (the “Disbursement Agreement”). Copies of the Standard Agreement and Disbursement Agreement are on file with the City and are incorporated herein by this reference.

WHEREAS, LEAP provided to the City an updated proposal dated August 31, 2022 (“Proposal”) to operate a new rideshare service in lieu of the City purchasing 40 vans for the use by CalVans to provide vanpool services throughout Riverside County. A copy of the Proposal is attached hereto Exhibit “A” and incorporated herein by this reference.

WHEREAS, on September 2, 2022, the City requested HCD’s approval to change the scope in the Standard Agreement from the purchase of 40 vans for the use by CalVans to provide vanpool services throughout Riverside County to the purchase of 17 Model Y Teslas (“Teslas”) for use by LEAP to provide car share services throughout Riverside County. HCD approved this request. A formal authorization letter from HCD approving the rideshare program using the Teslas was provided to the City on May 11, 2023.

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by City and LEAP as follows:

TERMS

1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein.

2. Term. This Agreement shall be effective as of the Effective Date and shall continue in effect for eight (8) years (the “Term”), unless terminated earlier in accordance with this Agreement.

3. City Services. City will perform the following services:

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2 3.1 Contingent on City receiving grant funding under the Standard Agreement and Disbursement Agreement, City will purchase the Teslas. City intends to purchase 17 Teslas; however, the number of vehicles ultimately purchased will be dependent on the amount of grant funding received and the price of the vehicles at the time of purchase.

3.2 Following the purchase of the Teslas, City will transfer title of the Teslas to LEAP.

4. Obligations of LEAP. LEAP agrees to perform the following Services during the Term of this Agreement:

4.1 LEAP shall provide Scope of Services listed in Exhibit “B” for the Term of the Agreement (the “Services”).

4.2 LEAP shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, laws, ordinances, and regulations in any manner affecting the performance of this Agreement, including, but not limited to, the Standard Agreement and Disbursement Agreement.

4.3 At the end of the Term, LEAP shall transfer title of the Teslas back to the City and return the Teslas to the City, unless other arrangements are agreed to in writing by the Parties.

4.4 LEAP’s rates are as set forth in Exhibit “C” Background and Rates. Should LEAP make any adjustments to the rates identified in Exhibit “C,” LEAP shall provide ten (10) business days’ advance notice of the rate adjustments to the City.

5. Termination.

5.1 City may terminate this Agreement at any time by giving notice to LEAP of such termination (including the effective termination date) at least sixty (60) calendar days before the effective date of such termination. On or prior to the termination date, LEAP shall transfer title of the Teslas back to the City.

5.2 If through any cause LEAP ceases to utilize the Teslas as required by this Agreement prior to end of the Term or fails to abide the obligations in this Agreement, the City may terminate this Agreement for cause. Within thirty (30) days of such termination (including the effective termination date), LEAP shall, at the sole discretion of the City, either return the Teslas to the City, or pay to the City the greater of the fair market value (i.e. Blue Book or similar) of the Teslas on the termination date or the total amount of funds sought from the City by HCD pursuant to the Standard Agreement and Disbursement Agreement.

5.3 City may terminate this Agreement immediately upon written notice to LEAP in the event LEAP makes an assignment for the benefit of creditors (excluding an assignment allowable per the terms of the Assignment clause contained in this Agreement), files an involuntary petition in bankruptcy or is adjudicated bankrupt or insolvent, has a receiver appointed for any portion of its business or property, or has a trustee in bankruptcy or trustee in insolvency appointed for it under federal or state law. In this instance, LEAP will transfer title of the Teslas back to the City within ten (10) calendar days of the City’s notice of immediate termination.

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3 6. Standard of Care; Performance of Employees. LEAP 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. LEAP represents an maintains that it is skilled in the professional calling necessary to perform the Services. LEAP warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services. Finally, LEAP represents that it, its employees, and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature, including criminal background checks that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

7. Indemnification. To the fullest extent permitted by law, LEAP shall defend (with counsel of City’s choosing), indemnify and hold the City, HCD, their elected officials, appointed officials, officers, employees, volunteers, and agents free and harmless from any and all claims, actions, suits, 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 LEAP, its officials, officers, employees, subcontractors, consultants or agents in connection with this Agreement or use of the Teslas, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses. LEAP’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by LEAP, the City, HCD, or their officials, officers, employees, agents, or volunteers. This provision shall survive termination of this Agreement.

8. Insurance. LEAP shall take out and maintain:

8.1 Commercial General Liability Insurance, of at least $2,000,000 per occurrence/$4,000,000 general aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01.

8.2 Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $2,000,000 per occurrence for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto).

8.3 Workers’ Compensation Insurance in compliance with applicable statutory requirements and Employer’s Liability Coverage of at least $1,000,000 per occurrence.

8.4 Professional Liability (Errors and Omissions) Insurance, if required by the City, that covers the Services to be performed, in the minimum amount of $1,000,000 per claim and in the aggregate, with conditions and for a term acceptable to the City.

Defense costs shall be payable in addition to the limits. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an “A:VII” rating according to the latest Best Key Rating unless otherwise approved by City. LEAP shall add City, HCD, their officers, officials, employees, agents, and volunteers as additional insureds on

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4 LEAP’s Commercial General Liability and Automobile Liability. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, HCD, and their elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow LEAP or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Coverage provided by LEAP shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.

9. Records/Documents. LEAP shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, or other documents relating to this Agreement (“Books and Records”) for three (3) years following completion of the Agreement. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The City shall have full and free access to such Books and Records at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. In addition, on a monthly basis, LEAP shall provide data generated by the Program to the City, pursuant to Exhibit “A” Scope of Services, attached hereto and incorporated herewith. City will retain the right to request Program data after the Term of this Agreement expires.

10. Written 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:

CITY:

City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attn: City Manager
LEAP:

LEAP Institute
1515 E. Divisadero Street, Suite 108
Fresno, CA 93721
Attn: Executive Director
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.

11. California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and the Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.

12. Independent Contractor. The Parties agree and intend that City and LEAP are independent entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association between them, except as may be agreed to

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5 expressly by this Agreement. Each Party shall perform their services hereunder in an independent capacity and not as an employee or agent of the other Party.

13. Amendments. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

14. Assignment. Neither Party may assign or transfer its respective rights or obligations under this Agreement without the express written consent of the other Party. Any purported assignment or transfer by one Party without the express written consent of the other Party shall be null and void and of no force or effect.

15. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

16. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

17. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, shall survive any such expiration or termination.

18. Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

20. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings. [SIGNATURES ON FOLLOWING PAGE]

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80237.00000\40918539.3
6 SIGNATURE PAGE TO RIDESHARE SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA AND LEAP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first herein above written.

CITY OF COACHELLA THE LEAP INSTITUTE
By:

Reynaldo Leon
Executive Director
Approved By:

Dr. Gabriel D. Martin
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

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7 EXHIBIT “A”

PROPOSAL
Purchase of 17 Model Y Teslas for use by The LEAP Institute to provide rideshare services Address: Throughout Riverside County
Total GHG Reductions: 8,942.69
Budget: $1,160,000
Service offering: Ridesharing trips throughout the community for a variety of uses including employment, doctor visits, commute to school, etc. Services are available from on-demand application.

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8 EXHIBIT “B”

SCOPE OF SERVICES
The Services include, but are not limited to, the terms in the Proposal and the following:

1. General Scope. LEAP will design, launch, operate, market, and maintain a rideshare program that will operate throughout Riverside County (“Program”).

2. Program Management. LEAP will take responsibility for Program management on a continuous basis during the Term. LEAP will designate a Program Manager who will serve as the City’s primary point of contact. The Program Manager will appoint members to the Program Team to handle operations, dispatch, driver onboarding, driver management, fleet maintenance, marketing, and data analytics.

3. Service Parameters.

3.1 Scheduling: LEAP will develop a rideshare system and schedule that will include numerous systems for different types of rides including “Van-pool” for work, rideshare for education (college or university), non-emergency medical (NEM), pharmacy, other health related, social services, groceries, and recreation. The schedule will be influenced by riders’ needs as they will, essentially, “dial-a-ride” unless they are using a pre-schedule periodic “Van-Pool” service for workforce, recreation or education.

3.2 Service Days/Hours: Rideshare services will operate from ________ to ______, seven days a week.

3.3 Ride pricing. Rates are described in Exhibit “C” attached to and incorporated with this Agreement.

3.4 Maintenance: LEAP will be solely responsible for all maintenance of the Teslas, including obtaining and maintaining insurance on all of the Teslas.

4. Customer and Driver Support. LEAP shall provide high-quality customer service to Program customers and drivers during the Term. If an issue arises for a customer or driver before, during, or after a ride, these parties will be able to reach LEAP staff by text message in real time, or by submitting an email ticket, which will be replied to promptly by LEAP staff. Upon request by the City, LEAP shall create for the City a periodic reporting system of customer service events.

5. Marketing & Promotions. LEAP shall work closely with the City, other local partners, institutions, agencies, and leaders to create a unified marketing and promotional program that increases community awareness of the Program and maximizes its success. The City will cooperate with LEAP in all respects and support LEAP’s team by providing useful local insights, and leveraging existing marketing platforms to amplify the Program. More specifically, LEAP will distribute flyers, posters and brochures and will conduct various earned media hits through publications, radio and television. Social media apps and tools will be utilized as well as mailings to the over 500 residents engaged during the process of the Coachella and Mecca Transportation

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9 Needs Assessment. LEAP will work closely with its communications and marketing consultants, Tzunu Solutions, who will help with the above-mentioned marketing and promotional activities and a launch event.

6. Primary and Backup Drivers. LEAP will recruit, train, and certify numerous ‘Green Raiteros,’most likely retired farmworkers, students (21+) and under-employed adults. LEAP will strive to have at least two drivers certified per vehicle.

7. Tesla Overnight Parking. LEAP will park the Teslas overnight at a publicly-owned property that is gated, well lit and has potential for the installation of EV Chargers. LEAP will work with partner corporations to acquire and install Level 2 EV Chargers. LEAP will also help recruit Coachella area residents to participate in its California Energy Commission sponsored EV Charger Maintenance and Installation Certification Courses.

8. Park and Ride and Transit Hub Information. In coordination with the City and with input from residents, LEAP will identify the best locations for safe group pick-ups and drop offs. LEAP will provide instructions to drivers about the importance of safe pickups and drop-offs that comply with all applicable traffic laws. LEAP may also provide door-to-door services for the more vulnerable participants in the community.

9. Data Sharing & Reporting.

Each month, LEAP shall share with the City a collection of data generated by the Program so that City can use to monitor and test the benefits and efficacy of the Program. No personal identifiable information shall be provided to the City. This data will include:
 Individual ride data (anonymized)
o Requested Origin
o Requested Destination
o Number of passengers
o Time and length of ride
o Fare paid
 Aggregated service data (for a given period):
o Completed Rides
o Active Drivers
o Driver Hours
o Utilization (rides per vehicle per hour)
o Average trip duration (minutes)
 Performance standards (for a given period):
o Average ETA to pick-up
o % of on-time rides
o % completed rides
o Rider satisfaction metrics
o Historical trends (over longer periods)
o Overall ride volume/growth
o Top requested origins and destinations
o Demand ‘heat maps’

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10 This data shall be made available in formatted numerical and graphical reports.

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11 EXHIBIT “C”

LEAP BACKGROUND AND RATES
Membership Monthly Rates:
$100 at $0.25 per mile
$50 at $0.50 per mile
$10 at $2.00 per mile
All non-emergency medical through LEAP’s partner, American Logistics, is free to the clients.

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Item 15.

Prepared For: City of Coachella Date 07/18/2023
Martinez, Maritza AE/AM RRM/am
Unit #
Year 2023 Make Tesla Model Model Y
Series Long Range 4dr All-Wheel Drive Sport Utility
Vehicle Order Type Ordered Term 12 State CA Customer# 588084 $ 60,530.00 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 787.69 * Initial License Fee
$ 0.00 * Registration Fee
$ 400.00 Other: (See Page 2)
$ 60,929.00 * Capitalized Price Reduction
$ 5,331.29 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name pool driver
Exterior Color (0 P) Pearl White Multi-Coat
Interior Color (0 I) Black w/Vegan Leather Seat Trim
Lic. Plate Type Unknown
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.08 Depreciation Reserve @ 8.0000%
$ 60.93 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 61.01 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 7,500 OverMileage Charge $ 0.0500 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 5.34 Sales Tax 8.7500% State CA
$ 66.35 Total Monthly Rental Including Additional Services $ 0.04 Reduced Book Value at 12 Months
$ 0.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,500
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

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

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

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

LESSEE City of Coachella

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

Open-End (Equity) Lease Rate Quote Quote No: 7308990
Printed On 07/18/2023 05:23:18 PM Page 1 of 7

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Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 275.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 400.00
Other Charges Total $ 400.00
Open-End (Equity) Lease Rate Quote Quote No: 7308990
Printed On 07/18/2023 05:23:18 PM Page 2 of 7

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Item 15.

VEHICLE INFORMATION:
2023 Tesla Model Y Long Range 4dr All-Wheel Drive Sport Utility - US Series ID: MODELYLR
Pricing Summary:

INVOICE MSRP
Base Vehicle $50,490 $50,490.00
Total Options $4,250.00 $4,250.00
Destination Charge $1,390.00 $1,390.00
Total Price
SELECTED COLOR:

Exterior: PPSW-(0 P) Pearl White Multi-Coat
Interior: BLK-(0 I) Black w/Vegan Leather Seat Trim
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
7SEAT 7 Seat Interior $4,000.00 $4,000.00
BLK_02 (0 I) Black w/Vegan Leather Seat Trim NC NC
DLR MF Adjustment $-1,000.00 $-1,000.00
FEE Non-Refundable Order Fee $250.00 $250.00
PAINT Monotone Paint STD STD
PPSW_01 (0 P) Pearl White Multi-Coat NC NC
STDAX 9.0 Axle Ratio STD STD
STDEN Dual Motor: Fr AC Induction/Rr AC Permanent Magnet STD STD STDGV GVWR: 5,712 lbs STD STD
STDRD Radio: Premium Audio System STD STD
STDTM Vegan Leather Seat Trim STD STD
STDTN Transmission: 1-Speed Automatic STD STD
STDTR Tires: 255/45R19 STD STD
STDWL Wheels: 19" x 9.5" Gemini STD STD
TOW Tow Hitch $1,000.00 $1,000.00
$56,130.00 $56,130.00
Open-End (Equity) Lease Rate Quote Quote No: 7308990
Printed On 07/18/2023 05:23:18 PM Page 3 of 7

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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Driver And Passenger Mirror: auto dimming power remote heated power folding side-view door mirrors with tilt down Skid Plates: skid plates
Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers Body Material: galvanized steel/aluminum body material
: class II trailering with harness, hitch
Fender Flares: black fender flares
Grille: black grille
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Console Ducts: console ducts
Steering Wheel A/C Controls: steering-wheel mounted A/C controls Power Sunroof: front and rear fixed laminated glass sunroof Seat Memory: 5 driver memory seat settings (includes door mirrors, steering wheel, audio, HVAC,) Cruise Control: cruise control with steering wheel controls, Traffic-Aware Cruise Control distance pacing Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with front and rear 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: smart device-as-key remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: proximity key
Valet Key: valet function
Trunk FOB Controls: keyfob trunk/hatch/door release
Window FOB Controls: remote window controls
Steering Wheel: heated steering wheel with power tilting, power telescoping, auto tilt-away Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Navigation System: navigation system with voice activation Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
IP Storage: covered bin instrument-panel storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
Entertainment Features:
radio FM/HD with seek-scan
Radio Data System: radio data system
Amplifier: amplifier
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 14 speakers
Internet Access: internet access
1st Row LCD: 1 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: window grid antenna
Lighting, Visibility and Instrumentation Features:

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Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-levelling Headlights: auto-leveling headlights
Auto-Dimming Headlights: auto high-beam headlights
Front Fog Lights: front fog lights
Front Wipers: variable intermittent rain detecting wipers wipers with heating wiper park Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Door Curb/Courtesy Lights: 4 door curb/courtesy lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital appearance
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: front and rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: front pedestrian detection
Following Distance Indicator: following distance alert
Forward Collision Alert: forward collision
Clock: in-dash clock
Systems Monitor: driver information centre
Rear Vision Camera: rear vision camera
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front and rear seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: immobilizer
Security System: security system Sentry Mode with video recording Tracker System: tracker system
Electronic Stability: electronic stability
Traction Control: ABS and driveline traction control
Front and Rear Headrests: fixed front head restraints
Rear Headrest Control: 3 rear head restraints
3rd Row Headrests: 2 manual adjustable third row head restraints Printed On 07/18/2023 05:23:18 PM Page 5 of 7

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Break Resistant Glass: break resistant glass
Seats And Trim:

Seating Capacity max. seating capacity of 7
Front Bucket Seats: front bucket seats
Front Heated Cushion: driver and passenger heated-cushions Front Heated Seatback: driver and passenger heated-seatbacks Heated Rear Seat: heated rear seat
Heated 3rdRow Seat: heated third row seat
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and passenger seats Driver Lumbar: power 4-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 40-20-40 split-bench seat Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback
Rear Seat Armrest: rear seat centre armrest
3rd Row Seat Type: fixed third row 50-50 split-bench seat Leather Upholstery: leatherette front and rear seat upholstery Door Trim Insert: simulated suede door panel trim
Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: aluminum/genuine wood instrument panel insert, door panel insert, console insert LeatherSteeringWheel: leatherette steering wheel
Floor Mats: carpet front and rear floor mats
Interior Accents: metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:

Engine 425-hp, (electric)
Standard Transmission:

Transmission 1-speed automatic
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Item 15.

AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT TO MASTER EQUITY LEASE AGREEMENT (this "Amendment") is made and entered into as of the , by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor") and City of Coachella ("Lessee").

WITNESSETH:

WHEREAS, Lessor and Lessee are parties to certain Master Equity Lease Agreement dated 12th day of Feb, 2020, as amended (the "Agreement"; all capitalized terms used and not otherwise defined in this Amendment shall have the respective meanings ascribed to them in the Agreement as amended by this Amendment); and
WHEREAS, Lessor and Lessee desire to amend the Agreement in the manner hereinafter set forth; NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows:

1. Notwithstanding the second to last sentence of Section 1 of the Agreement, Lessor and Lessee hereby agree that, solely for federal, state and local income tax purposes, the lease by Lessor to Lessee under the Agreement of following Vehicles (the “Specified Vehicles”) will be treated as a conditional sale rather than a true lease and that Lessee will be treated as the owner of the Vehicle solely for such income tax purposes:

Year Make Model Quote #
2023 Tesla Model Y 7308990
The Agreement and this Amendment have the specific intent of creating a conditional sale rather than a true lease with respect to the vehicles listed above, and by design, give appropriate consideration to tax statutes, Regulations, Court decisions, and IRS rulings and positions. In recognition of that intent, each of Lessor and Lessee hereby further agrees that it will not take any action or file any return or other document inconsistent with such tax treatment or with the ownership of the Specified Vehicles by Lessee solely for such income tax purposes.

Notwithstanding the foregoing, or anything else in this Amendment, the Agreement or any Schedule to the contrary, and given the inherent uncertainty that exists with respect to any advertised tax result or outcome, Lessee hereby acknowledges and agrees that Lessor makes no representation, warranty or covenant that any tax authority will not assert a contrary position or assert that (a) the lease of the Specified Vehicles by Lessor to Lessee is a true lease for tax purposes, (b) Lessee is not the owner of the Specified Vehicles for tax purposes and/or (c) Lessee is not entitled to claim any depreciation or recovery deduction for tax purposes with respect to the Specified Vehicles. Lessee shall be solely liable for any and all costs and expenses, including, without limitation, any and all attorneys' fees, incurred in contesting any such treatment of the lease of the Specified Vehicles as other than a conditional sale and shall keep Lessor informed, in writing, of any dispute with any tax authority as to the tax treatment of the lease of the Specified Vehicles.

2. All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed.

IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the Enterprise FM Trust (Lessor) City of Coachella ("Lessee") By: Enterprise Fleet Management, Inc., its attorney in fact By Tom Dolan Digitally signed by Tom Dolan By
Title: Fleet Management AVP Title:

Quote No: 7308990
Printed On 07/18/2023 05:23:18 PM Page 7 of 7

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Item 15.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: William B. Pattison, Finance Director
SUBJECT: Coachella Valley 1 Apartments– Subordination Agreement STAFF RECOMMENDATION:

Staff recommends that the City authorize the City Manager to execute any Subordination Agreements necessary for the subordination of the City Loan (as defined below), subject to changes recommended by the City Attorney, and other documents required for the closing of the permanent financing.

BACKGROUND:

In 2022, the City entered into an Affordable Housing Loan Agreement and Agreement to Prepay Tax Obligations for CFD 2005-1. The City loan was in the amount of $3,794,000 (the “City Loan”) for the development of an 56-unit affordable apartment complex in the City (the “Project”).

The City Loan was evidenced by a promissory note and secured by a deed of trust that was recorded against the Project property (together, the “City Loan Documents”).

As a condition to closing on the permanent financing the City must subordinate the lien of the City Loan to the lender. The City is also receiving from the Owner of the Project an Affordable Housing Regulatory Agreement to evidence the City’s ongoing affordability requirements to restrict 49% of the units to affordable, just like Riverside County.

DISCUSSION/ANALYSIS:

The subordination of the lien of the City Loan to the lien of the permanent lender pursuant to the Subordination Agreement is required by the rules and regulations of such lender The City Attorney will review the draft Subordination Agreement provided by Borrower that is attached hereto. The City Manager will execute once City Attorney has approved of the language and any suggested revisions.

The City has an interest in supporting the continued operation of the Project, and the request for subordination is a typical and noncontroversial request in connection with the permanent financing.

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FISCAL IMPACT
None – The Subordination Agreement does not impact the economic benefits anticipated by the City.

ATTACHMENTS:

1. Subordination Agreement

2. Affordable Housing Regulatory Agreement

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FREE RECORDING IN ACCORDANCE

WITH CALIFORNIA GOVERNMENT
CODE SECTIONS 6103 AND 27383

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Coachella
53-990 Enterprise Way
Coachella, CA 92236
Attn: City Manager

AFFORDABLE HOUSING REGULATORY AGREEMENT
This Affordable Housing Regulatory Agreement (the “Regulatory Agreement”) dated August 1, 2023, for reference purposes only, by CVDH LP, a California limited partnership (“Owner”), hereby given to and on behalf of the City of Coachella (the “City”).

RECITALS
This Regulatory Agreement affects that certain real property located at 84908, 84910, 84912, and 84914 Bagdad Avenue in the City of Coachella, County of Riverside, State of California, as more particularly described in the Legal Description attached hereto as Exhibit “A” and incorporated herein by this reference (the “Property”) and is entered into based on the following facts and understandings:

1. Pursuant to the terms of the Affordable Housing Loan Agreement dated as of April 26, 2022 (the “Loan Agreement”), the City agreed to provide Owner with a loan (the “Loan”) in an amount not to exceed $3,794,000. The Loan Agreement requires Owner to use the Loan to prepay the special assessments to be imposed upon a 56-unit affordable housing development (the “Affordable Housing Development”) to be constructed on the Property for the next fiftyfive (55) years, all as specified in the Loan Agreement.

2. To ensure the operation and maintenance of the property as affordable housing for the purposes of the City, Owner agreed to enter into this Regulatory Agreement to set forth the restrictions on occupancy, rents, and use applicable to the Affordable Housing Development as approved by the City.

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3. The term “Owner” as used in this Regulatory Agreement shall include all successors, assigns and transferees of any or all of the Owner’s interest in the Affordable Housing Development and the Property.

NOW, THEREFORE, Owner, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby covenants, agrees and declares that the Property shall be owned, held, used, maintained, and transferred pursuant to the following restrictive covenants (the “Covenants”) and that such Covenants shall be binding upon all of Owner’s successors, assigns and transferees to the Property, and all leases, tenants, contractors, agents, and all persons claiming an interest in the Property, or claiming an interest by and through any of the foregoing.

COVENANTS

1. Affordability Restrictions. Owner, for itself and for any successors-in-interest to and transferees or assigns of the Property, hereby declares and covenants that the Property is restricted to the development and use of the Affordable Housing Development as set forth herein. The Affordable Housing Development shall be comprised of, at the minimum, the number of units and have such affordability restrictions and such other characteristics as are described in Exhibit B, “Affordable Housing Development Description,” attached hereto and incorporated herein by this reference.

2. Repair and Maintenance of the Property and other Building or Improvements of the Affordable Housing Development. Owner agrees:
a. To keep the Property in a decent, safe, sanitary, rentable, tenantable condition and repair, and permit no waste thereof;
b. Not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable;
c. Not to construct any buildings or improvements on the Property, other than the buildings and improvements contemplated as part of the Affordable Housing Development or add to, remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property; d. To repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to this Covenant;
e. To comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; f. Not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the City's prior written consent; and

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g. Not to alter the use of all or any part of the Property without prior written consent of the City.

3. Restrictions on Sale, Encumbrance, and Other Acts.
a. Except with the City’s prior written approval, which shall not be unreasonably withheld, Owner shall not make any sale, encumbrance, hypothecation, assignment, refinancing, pledge, conveyance, or transfer in any other form of the Property or the Affordable Housing Development or of any of its interest in either of them.
b. The City may grant its approval for a sale, transfer or conveyance of the Property or the Affordable Housing Development subject to such terms and conditions as may be necessary to preserve or establish the fiscal integrity of the Property or the Affordable Housing Development
c. Notwithstanding anything to the contrary herein, City consent is not required for (i) a transfer of general partner interest in the event that the investor limited partner removes the general partner in accordance with Owner's limited partnership agreement or (ii) a transfer of the property or an interest in the property to an affiliate of Owner in accordance with the investor limited partner's exit at the end of the initial low income housing tax credit compliance period.

4. Charges; Liens. Owner shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property or to the Affordable Housing Development, if any, by Owner making payment, when due, directly to the payee thereof. Owner shall promptly furnish to City all notices of amounts due under this paragraph, and in the event Owner shall make payment directly, Owner shall promptly furnish to City receipts evidencing such payments.

Owner shall pay when due all encumbrances, charges, and liens, on the Property or to the Affordable Housing Development, any portion thereof and payments on notes or other obligations secured by an interest in the Property or Affordable Housing Development, any portion thereof, with interest in accordance with the terms thereof. Owner shall have the right to contest in good faith any claim or lien, or payment due thereunder, provided that Owner does so diligently and without prejudice to City.

5. Hazard and Liability Insurance and Condemnation.
a. The Owner shall at all times keep the Property and the Affordable Housing Development insured against loss by fire and such other hazards, casualties, liabilities and contingencies, and in such amounts and for such periods as required by the City. All insurance policies and renewals thereof shall be issued by a carrier and in form acceptable to the City.
b. In the event of any fire or other casualty to the Property or Affordable Housing Development or eminent domain proceedings resulting in condemnation of the Property or Affordable Housing Development or any part thereof, Owner shall have the right to rebuild the Property or the Affordable Housing Development, and, subject to the rights of senior lenders, to use all available insurance or

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condemnation proceeds therefore, provided that, as determined by the City in its sole discretion, (a) such proceeds are sufficient to rebuild the Property or Affordable Housing Development in a manner that ensures continued operation of the Affordable Housing Development and as consideration for the Loan, (b) the City shall have the right to approve plans and specifications for any major rebuilding and the right to approve disbursements of insurance or condemnation proceeds for rebuilding under a construction escrow or similar arrangement, and (c) no material breach or default then exists under the Loan. If the casualty or condemnation affects only part of the Property or Affordable Housing Development and total rebuilding is infeasible, then, subject to the rights of senior lenders, proceeds may be used for partial rebuilding and/or partial repayment of the Loan.

6. Covenants Run with the Land. The Property is held and hereafter shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to these Covenants. All of the Covenants are intended to constitute both equitable servitudes and covenants running with the land. Owner expressly acknowledges and agrees that the Covenants are reasonable restraints on Owner’s right to own, use, maintain, and transfer the Property and any estate or interest therein and are not and shall not be construed to be an unreasonable restraint on alienation. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether the Covenants are set forth in such contract, deed or other instrument.

7. Binding Effect. Any purchaser of the Property or of any portion of or interest in the Property, by the acceptance of a deed therefor, whether from Owner or from any subsequent owner of the Property, or by the signing of a contract or agreement to purchase the Property, shall by the acceptance of such deed or by the signing of such contract or agreement be deemed to have consented to and accepted the Covenants set forth in this Regulatory Agreement.

8. Term of Regulatory Agreement. The Covenants in this Regulatory Agreement shall be binding, effective and enforceable commencing upon the execution of this Regulatory Agreement and shall continue in full force and effect for a period of fifty-five (55) years after a certificate of occupancy or its equivalent has been issued for the Affordable Housing Development by the local jurisdiction or, if no such certificate is issued, from the date of initial occupancy of the Affordable Housing Development.

9. Building Permits. Owner agrees not to apply for or accept any permits for the construction of improvements on the Property inconsistent with the Affordable Housing Development as described in Exhibit B hereto.

10. Default. Any failure to perform the Covenants under this Regulatory Agreement, which remains uncured for sixty (60) days following written notice to Owner thereof, shall constitute a default of this Regulatory Agreement and shall entitle the City to all of the remedies contained herein.

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11. Remedies. The City and its successors and assigns may use any or all of the following provisions in the event of a default of this Regulatory Agreement. The failure by the City to exercise any specific right or remedy shall not preclude the City from exercising any other right or remedy, or from maintaining any action to which it may otherwise be entitled at law or in equity:
a. Specific Performance. The development, use and maintenance of the Property as an Affordable Housing Development in accordance with Exhibit B attached to this Regulatory Agreement is of a special and unique kind and character, so that a breach of any material provision of this Regulatory Agreement by Owner, its successors, assigns or transferees, would not have an adequate remedy at law.

Therefore, the City’s rights in the affordable housing provisions may be enforced by an action for specific performance and such other equitable relief as is provided by the laws of the State of California.
b. Injunctive Relief. In pursuing specific performance of the Covenants, the City shall be entitled to petition the court for injunctive relief to preserve the City’s interests in the Property and its rights under this Regulatory Agreement. Such injunctive relief may include, but is not limited to, an order of the court restraining any development of the Property inconsistent with the Covenants made herein.

12. City Monitoring and Compliance Review.
a. At any time during the term of this Regulatory Agreement and upon prior written notice of at least three business days, the City or its designee may enter and inspect the Property and inspect all accounting records pertaining to compliance with this Regulatory Agreement. Upon request by the City, the Owner shall notify occupants of upcoming inspections of their units in accordance with state law. b. At the City's request, the Owner shall provide, at Owner’s expense, a special audit of the Affordable Housing Development certified by an independent certified public accountant.
c. The City may request any other information that it deems necessary to monitor compliance with the Covenants set forth in this Regulatory Agreement. The Owner shall provide such information within 14 days from the City’s written request for such information.
d. The Owner agrees to regular monitoring of the housing development by the City or such designee the City may name at any time during the term of this Regulatory Agreement, to verify compliance with the requirements of this Regulatory Agreement. The Owner, or designee, shall submit annual reports as required by the City on forms approved or provided by the City, detailing components of the ongoing operations of the Affordable Housing Development, as noted in this subsection. The components of annual operations for which reporting is required, which the City retains the right to inspect, or cause to be inspected, include, and are not limited to:

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(1) The Affordable Housing Development, including interior of units, common areas, and exterior of the development;
(2) Tenant files, demonstrating compliance with affordability standards under this Regulatory Agreement;
(3) Financial records, including the right to request a certified financial audit of the revenue, expenses, and operations of the housing development; and (4) Insurance records to ensure continuous insurance coverage in accordance with City and Program requirements.

13. Owner Representations. Owner represents and warrants to the City that: (1) Owner has sufficient interest in the Property to own, develop, construct and operate the Affordable Housing Development in accordance with this Regulatory Agreement, (2) to Owner’s actual knowledge and belief, there are no agreements, contracts, covenants, conditions or exclusions to which Owner (or its predecessor in interest) is a party which would, if enforced, prohibit or restrict the use of the Property in accordance with the terms of this Regulatory Agreement, (3) Owner has the full right and authority to enter into this Regulatory Agreement, (4) this Regulatory Agreement constitutes a valid and legally binding obligation on Owner, enforceable in accordance with its terms, and (5) Owner is duly organized and authorized to do business in the State of California.

14. Governing Law. This Regulatory Agreement shall be interpreted and be governed by the laws of the State of California.

15. Severability. Every provision of this Regulatory Agreement is intended to be severable.

If any provision of this Regulatory Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

IN WITNESS WHEREOF, the Owner has caused this Regulatory Agreement to be signed by its duly authorized representative, as of the day and year first written above.

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OWNER:

CVDH LP,
a California limited partnership
By: SHOC2 LLC,
a California limited liability company,
its General Partner
By: Community Housing Opportunities Corporation,
a California nonprofit public benefit corporation,
its sole member and manager
By
Name
Title
All signatures must be acknowledged.

ADD NOTARY ACKNOWLEDGEMENT

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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.

STATE OF CALIFORNIA

COUNTY OF
On ______________ ___, 20__ before me, , Notary Public, personally appeared , who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)

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EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Coachella, County of Riverside, State of California, described as follows:

PARCEL A:

PARCEL 1 OF PARCEL MAP NO. 37833 AS SHOWN BY MAP RECORDED DECEMBER 30, 2020 IN BOOK 250, PAGES 52-54 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY.

PARCEL A1:

A RECIPROCAL ACCESS EASEMENT FOR INGRESS AND EGRESS PURPOSES AND INGRESS

AND EGRESS OF SERVICE AND EMERGENCY VEHICLES, AND PUBLIC UTILITIES AS SHOWN BY PARCEL MAP NO. 37833 RECORDED DECEMBER 30, 2020 IN BOOK 250, PAGES 52-54 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY AND AS SET FORTH IN TEMPORARY ACCESS AND UTILITY EASEMENT RECORDED ON APRIL 19, 2022 AS INSTRUMENT NO. 2022-183739, RIVERSIDE COUNTY OFFICIAL RECORDS.

PARCEL A2:

A PRIVATE WATER SERVICES EASEMENT, AS SHOWN BY PARCEL MAP NO. 37833 RECORDED DECEMBER 30, 2020 IN BOOK 250, PAGES 52-54 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY.

A.P.N.: 768-210-040 and 768-210-042

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567\30\3544185.5
EXHIBIT “B”

AFFORDABLE HOUSING DEVELOPMENT
Description of Units
APNs 768-210-040 and 768-210-042
84-908, 84-910, 84-912, and 84-914
Bagdad Avenue, Coachella, CA
Enter the number of units and income level.
# of Units Restricted (ARPA) Income Limit (% of AMI)
20 8 60%
23 8 50%
12 11 30%
1 -- manager
Total 56 Total 27

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1 567\30\3537153.4

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Riverside County
Housing and Workforce Solutions
3403 10th Street, Suite 300
Riverside, CA 92501
Attention: Juan Garcia
No fee for recording pursuant to
Government Code Section 27383 and 27388.1
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)

SUBORDINATION AGREEMENT
(County – City – Coachella Valley I Apartments, n/k/a Placita Dolores Huerta) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY

INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF
LOWER PRIORITY THAN SOME OTHER RESTRICTIVE COVENANT.

THIS SUBORDINATION AGREEMENT (the "Agreement") is made as of August 1, 2023, by and among CVDH LP, a California limited partnership ("Borrower"), the County of Riverside, a political subdivision of the State of California (the "County"), and the City of Coachella, a California municipal corporation (the "City").

RECITALS
A. Borrower and the County previously entered into that certain Loan Agreement for the Use HOME Program Funds (Coachella Valley I Apartments) (the "County HOME Loan Agreement") dated April 26, 2022, recorded in the Official Records of Riverside County ("Official Records") as Document Number 2022-0200899, pursuant to which the County agreed to provide a loan to Borrower in the amount of One Million Dollars ($1,000,000) (the "County HOME Loan") to partially finance Borrower's construction of fifty-five (55) units of affordable rental housing and one (1) manager's unit on certain real property located in the City of Coachella, County of Riverside, State of California, as more particularly described in Exhibit A (the "Property"). The County HOME Loan is evidenced by a Promissory Note in the amount of the County HOME Loan (the "County HOME Note") dated as of April 26, 2022, and secured by a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of April 26, 2022, naming Borrower as trustor, the County as beneficiary and First American Title Company, as trustee (the "County HOME Deed of Trust"), recorded in the Official Records as Document Number 2022-02011994. In connection with the County Loan, the County and Borrower also executed a Covenant Agreement (Coachella Valley I Apartments) (the "County HOME Covenant") dated as of April 26, 2022 and recorded in the Official Records as Document Number 2022-0200238. The County HOME Loan Agreement, the County HOME Deed of Trust,

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2 567\30\3537153.4
and the County HOME Covenant Agreement collectively constitute the "County HOME Loan Documents."
B. Borrower and the County entered into that certain Loan Agreement for the Use of American Rescue Plan Act (ARPA) Funds (Coachella Valley I Apartments, n/k/a Placita Dolores Huerta) (the "County ARPA Loan Agreement") dated August 1, 2023, pursuant to which the County agreed to provide a loan to Borrower in the amount of Three Million Five Hundred Thousand Dollars ($3,500,000) (the "County ARPA Loan"). The County ARPA Loan will be used to supplement the construction financing for the Property.

C. The County ARPA Loan is evidenced by a Promissory Note in the amount of the County ARPA Loan (the "County Note") dated as of August 1, 2023, and secured by a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 1, 2023 naming Borrower as trustor, the County as beneficiary and First American Title Company, as trustee (the "County ARPA Deed of Trust"). In connection with the County Loan, the County and Borrower also executed a Covenant Agreement (Coachella Valley I Apartments, n/k/a Placita Dolores Huerta) (the "County ARPA Covenant") dated as of August 1, 2023. The County ARPA Loan Agreement, the County ARPA Deed of Trust, and the County ARPA Covenant Agreement will be recorded against the Property in the Official Records concurrently herewith. Collectively, the County ARPA Loan Agreement, the County ARPA Deed of Trust, the County ARPA Note, and the County ARPA Covenant collectively constitute the "County ARPA Loan Documents."
D. Pursuant to that certain Affordable Housing Loan Agreement (Coachella Valley Apartments) dated as of April 26, 2022, by and between Borrower and the City (“City Loan Agreement”), and evidenced by that certain Promissory Note Secured by Deed of Trust dated as of April 26, 2022, and made by Borrower to the order of the City (the “City Note”), the City made a loan to Borrower in the original principal amount of Three Million Seven Hundred Ninety-Four Thousand Dollars ($3,794,000) (the "City Loan"). The City Loan is secured by that certain Deed of Trust Securing Affordable Housing Loan Agreement and Promissory Note dated as of April 26, 2022, and made by Borrower, as trustor, in favor of the City (the “City Deed of Trust”) and recorded in the Official Records on April 29, 2022, as Document Number 2022- 0201995. In connection with the City Loan, Borrower and the City also executed that certain Agreement to Prepay Tax Obligation for City of Coachella Community Facilities District 2005-1 (“Agreement to Prepay”) recorded in the Official Records on April 29, 2022, as Document Number 2022-0201996. The City Loan Agreement, City Note, City Deed of Trust, and the Agreement to Prepay collectively constitute the "City Loan Documents." E. The City and the Borrower entered into an Affordable Housing Regulatory Agreement (the "City Regulatory Agreement") dated August 1, 2023, which the City is recording in the Official Records concurrently herewith.

F. Borrower, the City, and the County hereby acknowledge and agree that the following County ARPA Loan Documents and the City Regulatory Agreement shall be recorded in the Official Records as follows:

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3 567\30\3537153.4

1. County ARPA Covenant

2. City Regulatory Agreement

3. County ARPA Loan Agreement

4. County ARPA Deed of Trust
G. As a condition to funding the County ARPA Loan, the County requires that the City and Borrower execute and deliver this Agreement, that the City provide the County notice of defaults and the right to cure defaults under the City Loan Documents, that the County ARPA Covenant have priority over the City Loan Documents.

H. As a condition to City's approval of the Borrower obtaining the County ARPA Loan and securing it against the Property, the City requires that the County and Borrower execute and deliver this Agreement, that the County provide the City notice of defaults and the right to cure defaults under the County ARPA Loan Documents, and that the City Regulatory Agreement have priority over the County HOME Deed of Trust, the County ARPA Loan Agreement, and the County ARPA Deed of Trust.

NOW THEREFORE, for valuable consideration the parties agree as follows:

1. Borrower and the City each acknowledge and agree for the benefit of the County that the County ARPA Covenant and any modifications, renewals, or extensions thereof approved in writing by the City, shall unconditionally be and at all times remain a lien or charge on the Property prior and superior to the rights of the City under the City Loan Documents. The City intentionally and unconditionally subordinates all of the City's right, title and interest in and to the City Loan Documents and the City Regulatory Agreement to the lien or charge of the County ARPA Covenant.

2. Except for the County ARPA Covenant as stated in Section 1, above, Borrower and the County each acknowledge and agree for the benefit of the City that the City Loan Documents and any modifications, renewals, or extensions thereof approved in writing by the County, shall unconditionally be and at all times remain a lien or charge on the Property prior and superior to the rights of the County under the County ARPA Loan Documents. The County intentionally and unconditionally subordinates all of the County's right, title and interest in and to the County ARPA Loan Agreement and County ARPA Deed of Trust to the lien or charge of the City Loan Documents. The County also intentionally and unconditionally subordinates all of the County's right, title and interest in and to the County HOME Loan Agreement and the County HOME Deed of Trust to the lien or charge of the City Regulatory Agreement.

3. The County agrees that, upon the occurrence of an event of default under the County ARPA Loan Documents, the County shall:
(a) concurrently with notifying Borrower of the occurrence of an event of default, notify the City of the occurrence of such event of default by delivering a notice to the City, at its address set forth in the City Loan Agreement;

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4 567\30\3537153.4
(b) permit the City to cure or correct (provided that such event of default is curable) any such event of default within ninety (90) calendar days after receipt of such notice; (c) accept all payments and all acts done by the City on behalf of Borrower within the cure period specified in Paragraph 3(b) above as though the same had been timely done and performed by Borrower, so that such acts and payments shall fully and totally cure and correct all such defaults, breaches, failures or refusals for all purposes; and (d) have the continuing right to record a notice of default, obtain a court appointed receiver and otherwise exercise the County's rights and remedies under the County ARPA Loan Documents during the above-mentioned cure period.

4. The City agrees that, upon the occurrence of an event of default under the City Loan Documents or the City Regulatory Agreement, the City shall:
(a) concurrently with notifying Borrower of the occurrence of an event of default, notify the County of the occurrence of such event of default by delivering a notice to the County, at its address set forth in the County ARPA Loan Agreement; (b) permit the County to cure or correct (provided that such event of default is curable) any such event of default within ninety (90) calendar days after receipt of such notice; (c) accept all payments and all acts done by the County on behalf of Borrower within the cure period specified in Paragraph 4(b) above as though the same had been timely done and performed by Borrower, so that such acts and payments shall fully and totally cure and correct all such defaults, breaches, failures or refusals for all purposes; and (d) have the continuing right to record a notice of default, obtain a court appointed receiver and otherwise exercise the City's rights and remedies under the City Loan Documents and the City Regulatory Agreement during the above-mentioned cure period.

5. The parties hereto agree to cooperate with each other and perform any acts and execute, acknowledge and deliver any additional agreements, documents, or instruments that may be reasonably necessary or desirable to carry out the provisions or to effectuate the purpose of this Agreement.

6. This Agreement represents the entire agreement among the parties on the subject matter hereof, and except as expressly provided herein, shall not be affected by reference to any other documents. Neither this Agreement nor any provision hereof may be changed, waived, discharged, or terminated orally, but such may be accomplished only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge, or termination is sought.

7. If any of the provisions or terms of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other of the

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Item 16.
5 567\30\3537153.4
terms hereof, and this Agreement shall be construed as if such unenforceable term had never been contained herein.

8. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute and be construed as one and the same instrument.

Exhibit A is attached hereto and incorporated herein by this reference. [SIGNATURES ON FOLLOWING PAGES]

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Item 16.

S-1
County-Hayward Lenders Subordination Agreement
567\30\3537153.4
IN WITNESS WHEREOF, the parties have entered into this Agreement, as of the date first written above.

BORROWER:

CVDH LP,
a California limited partnership
By: SCHOC2 LLC,
a California limited liability company,
its managing general partner
By: Community Housing Opportunities Corporation,
a California nonprofit public benefit corporation,
its sole member and manager
By: __________________________________
Manuela Silva,
Chief Executive Officer
COUNTY:

COUNTY OF RIVERSIDE, a political subdivision
of the State of California
By:___________________________________
Heidi Marshall
Director
APPROVED AS TO FORM:

Minh C. Tran, County Counsel
_________________________
Amrit P. Dhillon
Deputy County Counsel
[SIGNATURES CONTINUE ON FOLLOWING PAGE]

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Item 16.

S-2
County-Hayward Lenders Subordination Agreement
567\30\3537153.4
APPROVED AS TO FORM:

By:_____________________________
Name:___________________________
Title:____________________________
CITY:

CITY OF COAHCELLA, a California municipal
corporation
By:______________________________
Name:____________________________
Title:_____________________________
[SIGNATURES MUST BE NOTARIZED]

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567\30\3537153.4

STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
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.

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567\30\3537153.4

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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567\30\3537153.4

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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Item 16.

A-1
567\30\3537153.4

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

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Item 16.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Delia Granados, Deputy City Clerk
SUBJECT: Designation of Voting Delegate and Alternates to the League of California Cities Annual Conference & Expo.

STAFF RECOMMENDATION:

Staff recommends that the City Council designate a voting member and two alternates to attend the Friday, September 22, 2023, League of California Cities Annual Business Meeting. The voting delegate is required to register and attend the League Conference.

BACKGROUND:

The League of California Cities is one of the primary lobbying organizations for municipalities at the State level. A number of key policy decisions are made in order to support cities and represent municipal interests to the Assembly and the Governor. In order to ensure that the views of the City of Coachella are represented to the League in formulating their policies, the Council must designate a delegate to represent the City at the League Conference and the Annual Business Meeting.

DISCUSSION/ANALYSIS:

The League’s 2023 Annual Conference & Expo is scheduled for September 20-22, 2023, in Sacramento, California. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly). The General Assembly will be held on Friday, September

22. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

The City of Coachella must designate a voting delegate to represent the City at the Annual Business Meeting. Staff is requesting the Council also appoint up to two alternate voting delegates. One of these delegates may represent the City in the event that the designated voting delegate is unable to attend the conference.

The designation of a voting delegate and alternates must be done by City Council action and a copy of the Council action reflecting the Council’s selection must be forwarded to the League no

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Item 17.
later than August 28, 2023. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only.

ALTERNATIVES:

The only alternative action is for the Council to choose not to designate a representative for the City at the Annual Conference and Business Meeting of the League of California Cities.

FISCAL IMPACT:

The voting delegate is required to register and attend the League Conference. The City will incur any expenses necessary for this registration for the delegate to attend the conference during this period.

Attachment: Annual Conference Voting Procedures and Schedule

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Item 17.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

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Item 17.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

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Item 17.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Item 17.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

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Item 17.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

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Item 17.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
William Pattison, Interim Finance Director
Maritza Martinez, Public Works Director
Sandy Krause, Human Resources Manager
SUBJECT: Resolution No. 2023-30 Approving the Ratification of a Four Year Memorandum of Understanding Agreement between the City of Coachella and Teamsters Local 1932, representing the Confidential Mid-Management Employees Bargaining Unit
STAFF RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 2023-30 approving the ratification of a four year Memorandum of Understanding Agreement between the City of Coachella and Teamsters Local 1932, representing the Confidential Mid-Management Employees bargaining unit; authorize the City Manager to execute said MOU; and authorize the City Attorney to make non-substantive changes.

BACKGROUND:

In September 2021, the City of Coachella and the Confidential Mid-Management Employees bargaining unit entered into a Memorandum of Understanding (MOU) setting forth rates of pay, hours of work, and other specific terms and conditions of employment. The term of the MOU was for two years commencing on July 1, 2021 and ending June 30, 2023.

DISCUSSION/ANALYSIS:

Since April 20, 2023, the City and the Confidential Mid-Management Employees unit held five meet and confer meetings to reach agreement on a successor MOU. On May 30, 2023, the City and the Confidential Mid-Management Employees unit reached tentative agreement on terms and conditions for a new four year MOU ending June 30, 2027. On July 20, 2023, the Confidential Mid-Management Employees unit overwhelmingly ratified the tentative agreement. A summary of the new terms are outlined below and included in the attached proposed MOU.

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Item 18.

1. Base Salary and Class Titles (Article 3, Section 1)
Language updated to reflect new contract date. Employees will receive a 7% COLA effective 7/1/23; a 5% COLA effective 7/1/24; a 3% COLA effective 7/1/25; and a 2% COLA effective 7/1/26.

2. Administrative Leave (Article 4, Section 1)
Updated language. Employees whose trackable hours show they have worked 100 hours or more above their normal work schedule during the fiscal year will receive one hour of additional administrative leave returned to their bank for every hour worked in excess of 100 hours.

3. Bilingual Pay (Article 4, Section 5)
Updated language. Employees who use conversational Spanish skills when interacting with the public on a more limited basis will receive $50.00 per pay period. Employees will have two opportunities per calendar year to pass the City designated bilingual test.

New language. In circumstances where it can be shown that classifications whose primary responsibilities require the ability to speak Spanish, an employee may submit a written request for bilingual compensation in the amount of five percent (5%) to their supervisor or Director. The request should include an outline of the duties that may qualify them for bilingual compensation. Requests are subject to the approval of both the supervisor or Director and the City Manager. If the employee’s request is denied, the City shall provide the reason for the denial in writing.

4. Longevity Pay (Article 4, Section 6)
Updated language. Employees with 20 years of service shall be eligible for 4% longevity pay.

5. Employee Insurance (Article 5, Section 1)
Updated language. Employees with duplicate health coverage may choose to cash in $725.00.

6. Retirement (Article 5, Section 3)
Updated language. PEPRA rate increases to 7.75% effective 7/1/23. Effective 7/1/25, employees will no longer pay an additional 1% of the City’s share of their CalPERS pension contribution. Effective 7/1/26, employees will no longer pay an additional 1% of the City’s share of their CalPERS pension contribution.

7. Holidays (Article 5, Section 7),
Indigenous Peoples’ Day (October 9) added to the paid holiday schedule.

8. Vacation (Article 5, Section 9)
Updated language. Employees with 16 years or more of service may cash in up to one hundred sixty (160) hours of vacation annually (based on a fiscal year: July 1–June 30).

9. Salary and Manpower Study for Utilities (Article 10) Language removed. Item addressed in 2021-2023 MOU.

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10. Temporary Employees (Article 12)
Updated language. Temporary employees shall not be employed in excess of 60 consecutive working days within any 12-month calendar period. Exceptions – when City is actively recruiting for an open position, extended workers’ compensation leaves, and FMLA leaves. City to provide union a list of all temporary employees monthly. The City shall not employ temporary workers during the December holiday closure.

11. Effective Dates (Article 16, Section 1)
Term of Agreement will be July 1, 2023 through June 30, 2027.

ALTERNATIVES:

Do not approve the action the ratification of the Memorandum of Understanding between the City of Coachella and the Confidential Mid-Management Employees bargaining unit.

FISCAL IMPACT:

The total fiscal impact for all funds for FY 23/24 is $107,710, which is already allocated for in the current budget.

Attachments:

Resolution No. 2023-30
Proposed MOU

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RESOLUTION NO. 2023-30

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COACHELLA, CALIFORNIA, APPROVING THE RATIFICATION

OF A FOUR YEAR MEMORANDUM OF UNDERSTANDING AGREEMENT
BETWEEN THE CITY OF COACHELLA AND TEAMSTERS LOCAL 1932,

REPRESENTING THE CONFIDENTIAL MID-MANAGEMENT BARGAINING UNIT WHEREAS, in September 2021, the City of Coachella and the Confidential MidManagement Employees bargaining unit entered into a Memorandum of Understanding (MOU) setting forth rates of pay, hours of work, and other specific terms and conditions of employment.

The term of the MOU was for two years commencing on July 1, 2021 and ending June 30, 2023.

WHEREAS, since April 20, 2023, the City and the Confidential Mid-Management Employees unit have held five (5) meet and confer meetings to reach agreement on a successor MOU. On May 30, 2023, the City and the Confidential Mid-Management Employees unit reached tentative agreement on terms and conditions for a new four year MOU beginning July 1, 2023 and ending June 30, 2027. On July 20, 2023, the Confidential Mid-Management Employees unit overwhelmingly ratified the tentative agreement. A summary of the new terms are outlined below:

2. Administrative Leave (Article 4, Section 1)
Employees whose trackable hours show they have worked 100 hours or more above their normal work schedule during the fiscal year will receive one hour of additional administrative leave returned to their bank for every hour worked in excess of 100 hours.

3. Bilingual Pay (Article 4, Section 5)
Updated language. Employees who use conversational Spanish skills when interacting with public on a more limited basis will receive $50.00 per pay period. Employees will have two opportunities per calendar year to pass the City designated bilingual test.

New language. In circumstances where it can be shown that classifications whose primary responsibilities require the ability to speak Spanish, an employee may submit a written request for bilingual compensation in the amount of five percent (5%) to their supervisor or Director. The request should include an outline of duties that may qualify them for bilingual compensation. Requests are subject to the approval of both the supervisor or Director and the City Manager. If the employee’s request is denied, the City shall provide the reason for the denial in writing.

4. Longevity Pay (Article 4, Section 6)
Updated language. Employees with 20 years of service shall be eligible for 4% longevity pay.

5. Employee Insurance (Article 5, Section 1)
Updated language. Employees with duplicate health coverage may choose to cash in $725.00.

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7. Holidays (Article 5, Section 7)
Indigenous Peoples’ Day (October 9) added to the paid holiday schedule.

9. Salary and Manpower Study for Utilities (Article 10) Language removed. Item addressed in 2021-2023 MOU.

11. Effective Dates (Article 13, Section 1)
Term of Agreement will be July 1, 2023 through June 30, 2027.

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

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

Section 2. Title. Adopt Resolution No. 2023-30, a Resolution of the City Council of Coachella, California, Approving the Ratification of a Four Year Memorandum of Understanding Agreement between the City of Coachella and Teamsters Local 1932, representing the Confidential Mid-Management Employees Unit.

PASSED, APPROVED and ADOPTED this 26th day of July, 2023. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________

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

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-30 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 26th day of July, 2023, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF COACHELLA
AND
TEAMSTERS LOCAL 1932

CONFIDENTIAL MID-MANAGEMENT EMPLOYEES
JULY 1, 2021 TO JUNE 30, 2023
JULY 1, 2023 TO JUNE 30, 2027
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TEAMSTERS LOCAL 1932

CONFIDENTIAL MID-MANAGEMENT EMPLOYEES

TABLE OF CONTENTS (TO BE UPDATED LAST)
PAGE
ARTICLE 1 – PREAMBLE......................................................................................................3 SECTION 1. INTENT............................................................................................3 SECTION 2. RECOGNITION OF UNION ...........................................................3 ARTICLE 2 – MANAGEMENT RIGHTS .............................................................................4 ARTICLE 3 – SALARIES ........................................................................................................5 SECTION 1. BASE SALARY AND CLASS TITLES..........................................5 SECTION 2. SALARY ADVANCEMENTS WITHIN BASE PAY RANGE......5 SECTION 3. STEP ADVANCEMENT .................................................................6 SECTION 4. PROMOTION...................................................................................6 SECTION 5. RECLASSIFICATION.....................................................................7 SECTION 6. DEMOTION .....................................................................................7 SECTION 7. METHODS OF COMPENSATION.................................................7 SECTION 8. PROBATIONARY PERIOD............................................................7 ARTICLE 4 – MISCELLANEOUS PROVISIONS ...............................................................8 SECTION 1. ADMINISTRATIVE LEAVE..........................................................8 SECTION 2. CITY VEHICLE...............................................................................9 SECTION 3. PERSONNEL RULES......................................................................9 SECTION 4. WORK SCHEDULE ........................................................................9 SECTION 5. BILINGUAL PAY…………………………………………………9
SECTION 6. LONGEVITY PAY………………………………………………..10
ARTICLE 5 – EMPLOYEE BENEFITS.................................................................................10 SECTION 1. EMPLOYEE INSURANCE .............................................................10 SECTION 2. MEDICAL BENEFITS REOPENER……………………………...11
SECTION 3. RETIREMENT.................................................................................11 SECTION 4. SICK LEAVE ...................................................................................12 SECTION 5. BEREAVEMENT LEAVE...............................................................13

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SECTION 6. STATE DISABILITY INSURANCE...............................................14 SECTION 7. HOLIDAYS......................................................................................14 SECTION 8. JURY DUTY ....................................................................................15 SECTION 9. VACATION......................................................................................15 SECTION 10. EDUCATION REIMBURSEMENT .............................................16 SECTION 11. SAFETY EQUIPMENT ...................................................................16 SECTION 12. MEDICAL FLEX PLAN..................................................................17 ARTICLE 6 – GENERAL PROVISIONS...............................................................................17 SECTION 1. NONDISCRIMINATION AND EQUAL OPPORTUNITY ...........17 SECTION 2. LAYOFFS AND REDUCTIONS IN FORCE..................................17 ARTICLE 7 – SECURITY PROVISIONS..............................................................................19 SECTION 1. DUES CHECK OFF .........................................................................19 SECTION 2. MAINTENANCE OF MEMBERSHIP............................................19 SECTION 3. CHANGES IN COMPENSATION AND BENEFITS.....................20 ARTICLE 8 – D.R.I.V.E. VOLUNTARY CONTRIBUTIONS.............................................20 ARTICLE 9 – EMPLOYEE/EMPLOYER RELATIONS.....................................................21 SECTION 1. LABOR/MANAGEMENT COOPERATION COMMITTEE.........21 SECTION 2. STEWARDS.....................................................................................21 SECTION 3. BULLETIN BOARD........................................................................22 SECTION 4. TRAINING CENTER.......................................................................22 SECTION 5. GRIEVANCES.................................................................................22 SECTION 6. GRIEVANCE PROCEDURE...........................................................23 ARTICLE 10 – SALARY AND MANPOWER STUDY FOR UTILITIES.........................24 ARTICLE 1110 – CONTRACTING........................................................................................25 ARTICLE 12 11 – TEMPORARY EMPLOYEES.................................................................25 ARTICLE 13 12– EFFECTIVE DATES.................................................................................25 SECTION 1. EFFECTIVE DATE..........................................................................25 SECTION 2. SEPARABILITY..............................................................................26 Formatted: Strikethrough

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ARTICLE 1 – PREAMBLE
SECTION 1. INTENT
It is the intent and purpose of the City of Coachella and Teamsters Local 1932, representing the employees of the Confidential Mid-Management group, that this Memorandum of Understanding (“Agreement”) shall set forth rules of pay, hours of work, and other terms and conditions of employment to be observed by both parties. This Agreement has been developed in the interest of promoting and improving employee relations between the City of Coachella, California, hereinafter referred to as the City, and Teamsters Local 1932, hereinafter referred to as “the Union or Union”. Each section of this Agreement shall be considered in its entirety and subsections shall be considered only in the context of sections as a whole.

SECTION 2. RECOGNITION OF UNION
The City of Coachella acknowledges Teamsters Local 1932 (“Teamsters Local 1932”) as the sole and exclusive bargaining representative for the following unit:

1. INCLUDED: All permanent full-time and probationary employees in the classified service of the City, including but not limited to those classifications listed in Appendix A to this Memorandum of Understanding (“MOU”) as well as all permanent full-time employees who are not within the classified service performing work within the scope of the job descriptions of employees in the classified service of the City.

2. EXCLUDED: All temporary employees as defined in and limited by Article 10 of this Agreement, part-time employees, and all management personnel.

3. When the City creates a new job classification, the City shall give written notice (letter, email, FAX) to Teamsters Local 1932 of the bargaining unit assignment, if any, of such classification and the pay range of the classification. Teamsters Local 1932 shall have ten (10) calendar days after mailing of such notice to contest the City’s assignment of the newly created classification to another bargaining unit or to non-bargaining unit status. If Teamsters Local 1932 timely contests the assignment of the newly created classification, the parties shall meet to make an effort to reach agreement within ten (10) calendar days on the bargaining unit

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assignment for the classification. If no agreement within the prescribed timeframe, the City’s determination will be final.

ARTICLE 2 - MANAGEMENT RIGHTS
Teamsters Local 1932 recognizes that the City has the authority to manage and direct, on behalf of the public, all operations and activities of the City to the full extent authorized by law.

1. The City retains the exclusive right to manage and direct City services, the performance of and the work force performing such services. The City retains all of its exclusive management rights, which include, but are not limited to:
a. determine the mission of its constituent departments, commission, boards and issues of public policy;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and promotions;
d. direct its employees;
e. establish and enforce dress and grooming standards;
f. determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers of kinds of personnel by which government operations are to be conducted;
i. determine the content and intent of job classifications; j. determine methods of financing;
k. determine style and/or type of City-issued wearing apparel, equipment or technology to be used;
l. determine and/or change the facilities, methods, technology, means, organization structure and site and composition of the work force and allocate and assign work by which the City operations are to be conducted; m. determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions

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including, but not limited to, the right to contract for or subcontract any work or operations of the City;
n. assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
o. establish and modify productivity and performance programs and standards; p. for good cause, to discharge, suspend, demote, reprimand, withhold salary and benefits or otherwise discipline employees in accordance with applicable law; q. establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith; take all necessary actions to carry out its mission in emergencies;
r. exercise complete control and discretion over its organization and the technology or performing its work; and
s. establish reasonable work and safety rules and regulations in order to maintain the efficiency of City services.

2. The exercise by the City through its Council and management representatives, City Manager, Department Directors and Executives, of its management rights shall not in any way, directly or indirectly, be subject to the grievance procedure.

ARTICLE 3 – SALARIES
SECTION 1. BASE SALARY AND CLASS TITLES
The pay for employees covered by this Agreement for the period of July 1, 2021 2023 to June 30, 2023 2027 is set forth in Appendix A.
• Appendix A reflects a three and one-half percent (3.5%) seven percent (7%) cost of living adjustment effective July 1, 2021 2023.
• Appendix B reflects a three and one-half percent (3.5%) five percent (5%) cost of living adjustment effective July 1, 2022 2024.
• Appendix C reflects a three percent (3%) cost of living adjustment effective July 1, 2025.
• Appendix D reflects a two percent (2%) cost of living adjustment effective July 1, 2026.

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If cannabis tax revenue increases at least $800,000 during the fiscal year 2021/2022, the City agrees to an economic re-opener for enhancements only.

SECTION 2. SALARY ADVANCEMENTS WITHIN BASE PAY RANGE
Salary ranges are established to provide fair compensation to each position covered by this Agreement. Initial appointments shall be made at the minimum step within the approved pay range. The City Manager may approve a higher starting step if the best interests of the City so require.

SECTION 3. STEP ADVANCEMENT
A. Salary advancement within each class shall not be automatic, but shall be based upon merit and fitness. All salary increases shall be recommended by the Department Head and approved by the City Manager. Merit increases shall be effective on the employee’s anniversary date.

B. Upon successful and satisfactory completion of six (6) months of service, an eligible employee may be advanced one step within his/her range and yearly thereafter until the maximum pay rate within the range is reached.

C. Merit increases will be provided for eligible employees based on performance evaluation conducted on employee’s service anniversary date and as outlined in this MOU.

D. The City implemented a performance step recognizing outstanding performance on January 1, 2012. An employee’s advancement to the performance step is based on his/her achievement, over the course of the performance appraisal period following his/her anniversary date, of the goals and objectives established and agreed upon between the employee and his/her supervisor and approved by the Director and City Manager. The Labor/Management Committee adopted the appraisal tool criteria for what constitutes outstanding service and goals and objectives in order to be eligible for the performance step on April 1, 2012.

SECTION 4. PROMOTION
A. An employee who is promoted to a position in a class with a higher salary rate shall be entitled to be placed on the lowest step in the new range which exceeds the employee’s present rate of pay by at least five percent (5%); Formatted: Strikethrough

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B. Upon successful completion of six (6) months of service in the new class, an employee placed in Step A of the salary schedule may be advanced one step within his/her range and yearly thereafter until the maximum pay rate within the range is reached.

C. Any employee appointed by the City Manager or department head to an acting higher position on a temporary or interim basis shall receive pay pursuant to Section 4.A. of this Article.

SECTION 5. RECLASSIFICATION
An employee who is reclassified to a position in a class with a higher salary range shall be entitled to the lowest step in the higher salary range which exceeds the employee’s present rate of pay by a minimum of five percent (5%) of the employee’s base rate of pay.

SECTION 6. DEMOTION
When an employee is demoted, the employee’s base pay rate shall be set at the step in the lower pay range which provides the smallest decrease in pay if the action is not for cause. If the demotion is for cause the employee’s pay rate shall be set at any appropriate step rate in the lower range that is less than the employee’s existing salary as determined by the City Manager.

SECTION 7. METHODS OF COMPENSATION
Compensation shall be determined on a monthly basis. Employees shall be paid on a biweekly basis unless otherwise specified in the Coachella Municipal Code.

SECTION 8. PROBATIONARY PERIOD
A. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of a new employee to his or her position assignment, and for the evaluation of continued employment of the probationary employee.

Probationary employees remain “at will” and may be terminated without cause, right of appeal, or other so-called Skelly rights until the successful completion of the probationary period.

B. Appointments, including promotional appointments, shall be tentative and subject to a probationary period beginning with the employee’s appointment to a regular

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position. The probationary period shall be for a six (6) month period of actual service. The City may, at its discretion, extend the probationary period an additional six (6) months. Probationary employees who missed regularly assigned work may have the probationary period extended by the equivalent amount of time of the employee’s absence.

C. If the service of the probationary employee has been deemed satisfactory, the Department Head shall complete a performance evaluation no more than thirty (30) days prior to the expiration of an employee’s probationary period recommending regular status. All actions changing an employee’s status from probationary to regular shall not be made nor become effective until approved by Human Resources.

D. Each probationary employee shall have his or her performance evaluated prior to the end of the probationary period of service or at more frequent intervals when deemed necessary by the City. Such evaluations shall be reported in writing and in a form approved by Human Resources. Upon successful completion of the probationary period the employee may pass by receiving a satisfactory rating or higher. Failure to obtain a satisfactory rating typically results in dismissal of the employee; however, the City may extend probation at its discretion. Dismissal as to a promoted position means dismissal only from the promoted position; following said dismissal, the employee shall be reassigned back to the position assigned prior to promotion.

E. During the probationary period, an employee may be suspended, demoted, or dismissed at any time and for any reason by the City. Notification of suspension, demotion, or dismissal in writing shall be served on the probationary employee and a copy filed with Human Resources.

F. The City will notify Teamsters Local 1932 within five (5) working days of any extension of a probationary period.

ARTICLE 4 – MISCELLANEOUS PROVISIONS
SECTION 1. ADMINISTRATIVE LEAVE
Employees shall be granted ten (10) days administrative leave per year on July 1. Employees hired between July 2 – June 30 of any fiscal year shall accrue 3.85 hours bi-weekly of administrative

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leave for the fiscal year they were hired. Use of administrative leave is subject to department head and/or City Manager approval. Unused administrative leave may be accrued up to a maximum of two hundred fifty (250) hours. Upon request, employees shall be paid for up to one half (1/2) of their accrued administrative leave. Payment for accrued administrative leave shall be made once a year. Payment shall be made at the employee’s regular rate of pay at the time the accrued administrative leave is redeemed. Employees whose trackable hours show that they have worked 100 hours or more above their normal work schedule during the fiscal year will receive one hour of additional administrative leave returned to their bank for every hour worked in excess of 100 hours.

SECTION 2. CITY VEHICLE
Employees may be provided City vehicles for use in the performance of their job duties.

Employees who are required to use their automobiles on official City business shall be reimbursed at the current Internal Revenue Service standard mileage rate.

SECTION 3. PERSONNEL RULES
Employees covered by this Agreement are subject to the City’s Personnel Rules and Regulations.

In the event of a conflict between this Agreement and the Personnel Rules and Regulations the terms of this Agreement shall prevail.

SECTION 4. WORK SCHEDULE
A. The City converted to a 4/10 work schedule on July 1, 2012, whereby employees work ten (10) hours per day Monday through Thursday, between the hours of 5:00 a.m. and 6:00 p.m.

B. Holidays, floating holidays and vacation hours will be computed at the rate of ten (10) hours per day.

C. Departments may require alternative work schedules for some employees to meet the demands of operations, including weekends and evenings. Change in work schedule requires a fourteen (14) day notice. Affected employees have the right to waive the fourteen (14) day notice requirement.

SECTION 5. BILINGUAL PAY
Additional compensation in the amount of twenty-five dollars ($25.00) fifty dollars ($50.00) per Formatted: Strikethrough

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pay period for employees who use their conversational Spanish skills when interacting with the public on a more limited basis. To be eligible to receive bilingual pay, an employee must be serving in an eligible classification as listed on Appendix A (Salary Schedule) and be certified by the City to receive such pay. The City may periodically require evaluation of incumbents receiving bilingual pay. An employee shall have two opportunities per calendar year to pass the City designated bilingual test.

In circumstances where it can be shown that classifications whose primary responsibilities require the ability to speak Spanish, an employee may submit a written request for bilingual compensation in the amount of five percent (5%) to their supervisor or Director. The request should include an outline of the duties that may qualify them for bilingual compensation. Requests are subject to the approval of both the supervisor or Director and the City Manager. If the employee’s request is denied, the City shall provide the reason for the denial in writing.

SECTION 6. LONGEVITY PAY
City Mid-Management employees shall be eligible for longevity pay above the base rate of pay, as indicated below, based on total hours of completed continuous* service with the City.

Longevity pay shall be paid on all paid hours up to an employee’s standard hours and shall not be considered when determining the appropriate rate of pay for a promotion or demotion.

Longevity payments will be effective July 1, 2022.

TOTAL COMPLETED SERVICE COMPENSATION
31,200 Continuous Service Hours
(15 years)
2%
41,600 Continuous Service Hours
(20 years)
4%
*For purposes of this section, continuous service hours includes periods of service from the initial date of hire through an employee’s severance with the City in specific instances when the City initiates lay-off actions for economic reasons and the employee was subsequently re-hired.

Additionally, part-time service hours are excluded from the calculation of continuous service hours.

ARTICLE 5 – EMPLOYEE BENEFITS
SECTION 1. EMPLOYEE INSURANCE
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A. Health and Medical Insurance

1. For employees choosing coverage, the City will pay up to the median cost of the CalPERS medical premium for single, two-party, and family coverage for employees, spouses, domestic partners and dependents.

2. Employees with duplicate health coverage may choose to cash in five hundred twenty-five dollars ($525.00) seven hundred twenty five dollars ($725.00). An employee must submit a written request for payment and annual evidence of duplicate coverage.

B. Optical and Dental

1. The City will pay full premiums for both optical and dental benefits for employees and dependents.

2. Employees may decline vision coverage, thereby waiving such coverage and shall receive in cash the fees which would have been paid in the form of such insurance premiums.

C. Life Insurance
The City will provide a one-hundred fifty thousand ($150,000) policy for each employee.

D. Long Term and Short Term Disability Insurance
The City shall pay the premiums to cover employees under a long and short term disability insurance plan.

SECTION 2. MEDICAL BENEFITS REOPENER
If the Union can provide a comparable Medical Benefits plan at a lesser cost to the employees and the City, the City agrees to meet with the Union to discuss the benefits and cost of said plan.

SECTION 3. RETIREMENT
A. The City contracts with the California Public Employees Retirement System (CalPERS). Effective October 20, 2012, the City adopted a two-tier retirement plan:
• Employees hired prior to October 20, 2012 are covered under the 3%@60 CalPERS Plan (First Level) and will be on the “One Year Final Compensation” benefit plan. Employees under the 3%@60 CalPERS Plan Formatted: Strikethrough

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currently pay an 8% member contribution. This amount is set by CalPERS.
• Employees hired on or after October 20, 2012 are covered under the 2%@60 CalPERS Plan (Second Level) and will be on the “Three Year Final Compensation” benefit plan. Employees under the 2%@60 CalPERS Plan currently pay a 7% member contribution. This amount is set by CalPERS. • Effective January 1, 2013, new employees are covered under the 2%@62 CalPERS Plan (PEPRA) and will be on the “Three Year Final Compensation” benefit plan. Employees under the 2%@62 CalPERS Plan currently pay a 6.75% member contribution which increases to 7.75% on July 1, 2023. This amount is set by CalPERS.

B. Effective July 1, 2019, employees under the 3%@60, 2%@60, and 2%@62 CalPERS Plans agreed to pay an additional one percent (1%) of the City’s share of their CalPERS pension contribution. Effective July 1, 2025, employees will no longer pay an additional 1% of the City’s share of their CalPERS pension contribution.

Effective July 1, 2020, employees under the 3%@60, 2%@60, and 2%@62 CalPERS Plans agreed to pay an additional one percent (1%) of the City’s share of their CalPERS pension contribution. Effective July 1, 2026, employees will no longer pay an additional 1% of the City’s share of their CalPERS pension contribution.

C. The City agrees to pay two dollars ($2.00) per month per employee for their participation in the 1959 PERS Survivor’s Benefit Program (Government Code sections 21570 et seq.)
D. The City currently contributes the following amount towards an eligible retiree’s CalPERS medical premium:
2021 - $256.50 per month
2022 - $270.00 per month
2023-2027 - $270.00 per month
SECTION 4. SICK LEAVE
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A. Sick leave shall be earned at the rate of ten (10) hours per month.

B. The maximum accrual of sick leave shall be two hundred (200) days, two thousand (2,000) hours.

C. Cash Out: Termination of Employment

1. Retirement: fifty percent (50%) accrued sick leave

2. Layoff: fifty percent (50%) accrued sick leave

3. Death: fifty percent (50%) of accrued sick leave

4. Discharged: None
D. Cash Out: Annual
Employees have the option of accruing all of their yearly sick leave or being paid for it in accordance with the following provisions:

1. Provisions for the payment of unused sick leave shall be based on a fiscal year basis (July 1 to June 30).

2. Employees may cash in or convert to vacation one half (1/2) of their annual unused sick leave hours at the end of each fiscal year. If neither of these options is exercised, the unused sick leave will be accrued.

3. The cash in of sick leave shall be based on an employee’s hourly rate as of June 30 except for retirement or layoff.

E. Use of Sick Leave
Sick leave shall be used only in case of sickness or disability of an employee or for an illness in the employee’s immediate family. Misuse of sick leave shall be grounds for disciplinary action.

F. Notification of Sickness

1. To receive compensation while absent on sick leave an employee must notify his/her immediate supervisor in the manner provided for in departmental rules and regulations or as otherwise allowed by law.

2. When an employee requests sick leave, the City shall follow the guidelines outlined in SB 579 and all other applicable laws to determine whether a doctor’s note will be required.

G. Return From Sick Leave

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Upon return from sick leave an employee may be required by his/her department head to report for an examination by a City selected medical examiner to determine his/her fitness for duty.

H. Family Sick Leave

1. In case of illness of a member of the employee’s immediate family, the employee, upon proper notice, may take up to one-half of his/her annual sick leave accrual per year for family sick leave.

2. Immediate family for the purpose of this section shall be defined as spouse, mother, mother-in-law, father, father-in-law, sister, sister-in-law brother, brother-in-law, child, stepchild or guardian, stepfather, stepmother, registered domestic partner, grandparents or grandchildren.

3. Family sick leave shall be deducted from the employee’s accumulated sick leave.

SECTION 5. BEREAVEMENT LEAVE

1. In case of a death in the employee’s immediate family the employee, upon submission of proper notice, may take up to three (3) consecutive work days of bereavement leave.

SECTION 6. STATE DISABILITY INSURANCE
Members of the Mid-Management Unit shall be covered by State Disability Insurance and the required amount shall be withheld from each employee’s paychecks to pay this benefit as required by state law.

SECTION 7. HOLIDAYS
A. The following days shall be considered holidays with pay.

1. New Year’s Eve

2. New Year’s Day

3. Martin Luther King’s Birthday

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4. Presidents’ Day

5. Cesar Chavez’s Birthday

6. Memorial Day

7. Juneteenth

8. Independence Day

9. Indigenous Peoples’ Day

10. Labor Day

11. Veterans’ Day

12. Thanksgiving Day

13. Christmas Eve

14. Christmas Day
B. If a holiday falls on a Friday or Saturday, it will be observed on the preceding Thursday. If a holiday falls on a Sunday, it will be observed on the following Monday.

C. Floating Holidays
In lieu of three (3) former holidays (Lincoln’s Birthday, Admission Day and Day After Thanksgiving), three (3) floating holidays will accrue to employees on July 1 each year. Floating holidays earned in a fiscal year and unused as of June 30 shall either be cashed out or converted to vacation and carried over to the next fiscal year at the employee’s option.

SECTION 8. JURY DUTY
An employee who is summoned for attendance to any court for jury duty during his/her normal working hours shall be deemed to be on duty and there shall be no loss of salary. Any jury fees received by an employee shall be submitted to the Finance Department. Compensation for mileage or subsistence allowances while serving on a jury are not considered as a fee and shall be retained by the employee.

Any employee who is called as a witness arising out of and in the course of his/her City employment shall be deemed to be on duty and there shall be no loss of salary. Any witness fees received by an employee shall be submitted to the Finance Department, together with any mileage received by the employee if he/she uses City transportation. An employee absent as a witness in a private matter shall not be entitled to be paid during such absence.

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Nothing herein shall be deemed to affect the right of the City Manager to discuss with an employee the possibility and practicability of seeking an exemption or excuse from jury duty or as a witness as may legally be available, when absence by the employee would create undue hardship for the employee or his/her department, or would materially affect required service to the public.

SECTION 9. VACATION
A. Vacation shall be earned as follows:

1. 1st year through 3rd year of service – eleven (11) days per year.

2. 4th year through 10th year of service – sixteen (16) days per year.

3. 11th year through 15th year of service – twenty (20) days per year.

4. 16th year through 20th year of service – twenty-five (25) days per year.

5. Over twenty (20) years of service – thirty (30) days per year.

B. Vacation schedules must be submitted to the Department head for approval.

C. Vacation may be accrued up to the amount earned over the preceding twenty-four (24) months provided; however, that vacation accrued in excess of three hundred twenty (320) hours is subject to the approval of the City Manager.

Once this two year maximum amount has been accrued the employee shall accrue no further vacation until the accrued level has been reduced to below the maximum.

The employee will then again begin accruing but at no time shall the employee’s level of accrued vacation exceed the amount of vacation that the employee accrues in two years.

D. Subject to filing an official request, an employee may cash in up to eighty (80) hours of vacation annually (based on a fiscal year: July 1-June 30). Employees with 16 years or more of service may cash in up to one hundred sixty (160) hours of vacation annually (based on a fiscal year: July 1-June 30).

E. Prior to an employee taking of vacation time, he/she may request and, upon such approval, shall receive a payroll check for the wages which normally would be earned during the duration of the employee’s vacation.

SECTION 10. EDUCATION REIMBURSEMENT

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The City will reimburse employees fifty percent (50%) of tuition for continuing education in nonjob related courses and one hundred percent (100%) of tuition for classes in a job related courses.

Payment is predicated on an employee receiving a 2.0 grade or better, and is based upon a fiscal year. The City will also reimburse employees one hundred percent (100%) of the cost of jobrelated: college preparatory classes, certifications, professional licensure preparatory classes, vehicle or equipment certification and/or Class A or B license fees, and renewal fees on such certifications and/or licenses. The cost to the City for the reimbursements shall not exceed five thousand ($5,000) per employee for a twelve (12) month period. Requests for reimbursements must be submitted and approved prior to enrolling in a course or applying for a certificate, license or renewal. Newly hired employees serving a probationary period are not eligible for this benefit.

SECTION 11. SAFETY EQUIPMENT
Employees covered by this Agreement whose duties require them to perform work which exposes their feet to potential harm or danger shall be required to wear safety shoes during working hours.

The City will determine the specifications for the shoes and will contribute up to five hundred ($500.00) dollars, plus sales tax, towards the purchase. If an employee chooses a shoe whose cost is above what the City contributes, it shall be the responsibility of the employee to pay the difference. The City shall provide two pairs of shoes every July, based upon the employee’s demonstration to their supervisor that the shoes they wish to replace need to be replaced. Should an employee’s work render the shoes ineffective for purposes of foot safety in a period of less than twelve (12) months, that employee must demonstrate to their supervisor or Department Head that the shoes need to be replaced before a second pair will be provided.

SECTION 12. MEDICAL FLEX PLAN
The City will provide and administer an “employee benefits plan” for medical expenses pursuant to section 125 of the Internal Revenue Service Code. Participation in the plan is voluntary. The annual deduction is determined by the Internal Revenue Service.

ARTICLE 6 – GENERAL PROVISIONS
SECTION 1. NONDISCRIMINATION AND EQUAL OPPORTUNITY
A. The City and Teamsters Local 1932 agree that both parties have a crucial role in the development and implementation of equal employment opportunities. Both parties mutually accept responsibility for carrying out these provisions.

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B. The parties agree to cooperate actively and positively supporting the concept of equal opportunity to achieve the highest potential and productivity in employment situations. The City agrees to provide encouragement and assistance opportunities so that all employees may utilize their abilities to the fullest extent.

C. The City will exert every effort possible to encourage upward mobility of employees now at lower grade levels so that they may work at their fullest potential.

D. The provisions of this Agreement shall be applied equally to all employees subject to the Agreement without regard to sex (including pregnancy, gender identity, gender expression, and sexual orientation), marital status, race, color, , religion, national origin, mental disability, physical disability, age (40 and above), medical condition (cancer or genetic characteristic), or any other protected class under applicable law.

SECTION 2. LAYOFFS & REDUCTIONS IN FORCE
A. Purpose for Layoffs
For reasons of economy, efficiency, or in the interest or mandate of the public, reductions of City services may be required. Whenever, in the judgment of the City Council, it becomes necessary, the City Council may eliminate positions, and the employees holding such positions may be laid off.

B. Seniority and Order of Layoff

1. Seniority shall be by date of first employment in the employee’s current classification. Layoffs shall be in reverse seniority order in the affected classification, with junior employees being laid off before senior employees. No full-time permanent employee may be laid off while any temporary, probationary or part-time employees, or any employees with less seniority, are retained in the affected classification. A senior employee who is to be laid off shall have the right to bump a junior employee in a lower paying classification provided that the senior employee shall have previously established permanent status in the position into which she/he wishes to bump.

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2. If an employee exercises bumping rights to a lower classification, said employee shall have the right to be the next person promoted to the classification from which he or she was laid off for a period of 24 months from the effective date of the lay-off action.

C. The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in appropriate classes.

D. Reinstatement List and Recall Rights

1. Full-time permanent employees of the City who are laid off from the competitive service in good standing shall have their names placed on a recall list for a period not to exceed two (2) years from date of layoff, and shall be eligible for recall for any vacancies within the same position classification held by the employee, provided that the employee meets the minimum qualifications and is able to perform the duties of the job. Laid off employees applying for vacancies in other position classifications shall be given preference provided they meet the minimum qualifications for the position and are able to perform the duties of the job.

2. Once recalled, reinstated employees will be restored to the same seniority rights and benefits in effect for the employee at time of layoff, unless subsequent changes in the MOU have been made in the intervening time regarding a particular benefit, in which case the newer MOU language regarding benefit entitlement will take precedent.

3. After expiration of the two (2) year recall list, laid off employees will be treated the same as internal candidates for employment recruitment purposes only in accordance with the “Recruiting, Hiring and Promotions of Classified Employees” policy for a period of twelve (12) months after approval of this MOU.

E. Payment for Accumulated Leave
The laid-off employee shall have the option of receiving payment for any accumulated vacation leave, compensatory time, or “frozen” sick leave with a cash value in accordance with the provisions of the MOU and respective City

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policies, at any time during the layoff period. Payment shall be made in one (1) full payment. An employee electing to defer automatic payment of these leave balances by the City must notify the Human Resources Department in writing of their choice. If payment is not selected at the end of the two (2) year period the City will automatically pay the employee the amount to which he or she is entitled. Once an employee elects payment of any balances, the payment will be subject to the provisions applicable for those programs in effect at the time of reinstatement.

F. Severance Pay
The laid-off employee will be provided four (4) weeks of severance pay.

ARTICLE 7 – SECURITY PROVISIONS
SECTION 1. DUES CHECKOFF
Teamsters Local 1932 is authorized to use payroll deductions for collecting employee organizational dues on a monthly basis.

SECTION 2. MAINTENANCE OF MEMBERSHIP
The Union shall have the sole and exclusive right to have membership dues deducted by the City for employees covered under this Agreement, upon appropriate written authorization submitted by such employees to Teamsters Local 1932. Teamsters Local 1932 shall advise the City in writing of the membership dues to be deducted for each member. The City shall make remittance to the Union within fifteen (15) working days of the deduction of such sums. Teamsters Local 1932 shall notify the City in writing of any change in dues thirty (30) days prior to the effective date of such change. The Union shall, as soon as possible, notify the City in writing if any member of the bargaining unit revokes a membership dues authorization.

Teamsters Local 1932 shall notify the City in writing of any employee who hereinafter comes into the bargaining unit and who has provided appropriate written authorization to Teamsters Local 1932. The City shall deduct the approved bi-weekly membership dues within the first pay period upon receiving written notification from Teamsters Local 1932.

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The City shall forward a monthly report to the Union and the Assigned Business Agent, which will include any all personnel actions (new hires, terminations, transfers, promotions, home address changes, etc.) within the Unit.

SECTION 3. CHANGES IN COMPENSATION AND BENEFITS
In the event any other bargaining unit or non-bargaining unit member receives any economic benefit (i.e., salary, insurance, etc.) during the term of this agreement, unit members represented by Teamsters Local 1932 shall receive the equivalent increase. In the event any other bargaining unit or non-bargaining unit member receives any economic benefit and the benefit does not exist in this contract, unit members shall receive the equivalent amount toward the benefit of their choice.

ARTICLE 8 – D.R.I.V.E. VOLUNTARY CONTRIBUTIONS
The City agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE. DRIVE shall notify the City in writing of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a biweekly basis for all weeks worked. The phrase “weeks worked” excludes any week other than a week in which the employee earned a wage.

The City shall transmit to DRIVE National Headquarters on a biweekly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s social security number and the amount deducted from the employee’s paycheck. The International Brotherhood of Teamsters shall reimburse the City annually for the City’s actual cost for the expense incurred in administering the biweekly payroll deduction plan.

DRIVE shall, as soon as possible, notify the City in writing if any member of the bargaining unit revokes a DRIVE contribution authorization.

ARTICLE 9 – EMPLOYEE/EMPLOYER RELATIONS
SECTION 1. LABOR/MANAGEMENT COOPERATION COMMITTEE
A Labor/Management Committee shall be established for the following purposes:

A. To improve communication between representatives of Labor and Management; B. To study and explore ways of eliminating potential problems between the City and its employees;

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C. This Committee is not intended to circumvent, replace or modify the grievance procedure.

D. The City and Teamsters Local 1932 agree to create a subcommittee to meet and confer as necessary on revisions to City’s Personnel Rules.

SECTION 2. STEWARDS
The Teamsters Local 1932 may be represented by two (2) Stewards. Teamsters Local 1932 shall notify the City in writing of the employees selected to act as Stewards, as well as to provide notice if employee representation changes during the term of this Memorandum of Understanding.

Stewards shall, unless performing steward duties, be and remain at their regular place of work.

Not more than one (1) of the designated steward representatives may participate in any special meeting to resolve a problem within the scope of bargaining or grievance hearing at one time, unless authorized by the City Manager.

The City will provide Teamsters Local 1932 one-hundred (100) hours per fiscal year, for both stewards, for all steward meetings, trainings, and executive board meetings during working hours.

Any unused hours remaining at the end of the fiscal year will not carry over. This release time shall be paid City time. Stewards are required to inform their immediate supervisor of such meetings, trainings, and executive board meetings a minimum of five (5) business days in advance.

Supervisors have the discretion to deny attendance to ensure that work locations are adequately covered if necessary. Stewards will record the date and amount of time spent on such activities using the City’s online timekeeping system.

In accordance with SB 1085, Teamsters Local 1932 agrees to reimburse the City for all compensation and benefits paid to a steward for additional release time requested by Teamsters Local 1932 that fall outside normal steward duties, as listed above. Stewards will record the date and amount of time spent on additional release time using the City’s online timekeeping system.

The City will submit a request for reimbursement to Teamsters Local 1932 on a monthly basis and Teamsters Local 1932 will reimburse the City within thirty (30) days of receipt of said request.

SECTION 3. BULLETIN BOARD
The City will furnish a reasonable portion of existing bulletin board space for notices of Teamsters.

Only areas designated by the appropriate authority may be used for posting of notices. Bulletin boards shall only be used for the following notices:

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A. Scheduled Teamsters meetings, agendas and minutes.

B. Information on Teamsters elections and the results.

C. Information regarding Teamsters social, recreational and related news bulletins.

D. Reports of official business of Teamsters, including reports of committees or the Board of Directors.

SECTION 4. TRAINING CENTER
The City will send notification of Mid-Management Unit job openings to Teamsters for posting at their Training Center.

SECTION 5. GRIEVANCES
A grievance is a job-related complaint by an employee regarding the terms and conditions of employment which arise out of a specific fact, situation, or transaction, other than discipline, that results in an alleged violation of existing City administered Personnel Rules and Regulations, policies, or this MOU.

The most effective accomplishment of the work of the City requires prompt consideration and equitable adjustment of employee grievances. It is the desire of the City to adjust grievances informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there will be grievances which will be resolved only after a formal appeal and review. Accordingly, the following procedure is established.

SECTION 6. GRIEVANCE PROCEDURE
A. A grievance must be presented to the direct supervisor within seven (7) working days of the event giving rise to the grievance or the grievance will be deemed untimely. The direct supervisor shall make inquiry into the facts and circumstances of the complaint and shall attempt to resolve the matter promptly and fairly. The direct supervisor shall provide response to employee within seven (7) working days of receipt of the grievance.

B. An employee, if dissatisfied with the decision of the direct supervisor, may submit the grievance in writing to the Department Head. The Department Head shall make a separate investigation and inform the employee in writing of his/her decision and the reason therefore within seven (7) working days after receipt of the employee’s

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grievance. If the direct supervisor is the Department Head, then the employee will proceed to Step 3.

C. If the employee is dissatisfied with the Department Head’s/direct supervisor’s decision, he/she may request in writing a review by the City Manager within seven (7) working days following the receipt of the decision of the Department Head/direct supervisor. The City Manager shall make an investigation and conduct such hearings as he/she deems necessary and shall within fifteen (15) working days after the receipt of the employee’s request for review, inform the employee in writing of his/her findings and decision.

D. If the grievance is not resolved at the City Manager level, within 15 days after the receipt of the City Manager’s decision, the employee or representative may submit the written grievance to mediation for an advisory decision. The impartial mediation will be handled by the California State Mediation and Conciliation Service or by another mediation service agreed to by both parties. If this step in the grievance process is requested, it will be at no cost to the City. The outcome of the mediation will be considered advisory to the City Manager. After considering the outcome of the mediation, the City Manager shall inform the employee in writing of his findings within 15 working days. The decision of the City Manager shall be final.

The City shall make available to the employee or the employee representative a standard grievance form.

ARTICLE 10 SALARY AND MAN POWER STUDY FOR UTILITIES
The City agrees to conduct a Salary Study for utility plant operation classifications within 6 months of completing the manpower study described below. Study is to be job description based and not classification based. Study comparative entities to include an equal mix of stand-alone utilities (not City owned/operated) and City utilities.

The City further agrees to conduct a manpower study for utility plant operation classifications to be completed within 1 year of contract ratification.

Study to include:
• Workload needs:
o Number of hours to complete assigned jobs
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 Ex: 10 hours to treat wastewater, per day.
o Number of personnel required to complete assigned jobs o Job assignments needed to meet baseline utility operations requirements  Ex: a valve turning program is not currently implemented, but is a baseline requirement of a water utility. The assignment should be included in workload needs.
• Examples of jobs to be studied:
o Duties required to operate a sanitary and water district Utility plant operation classifications include the following positions:
• Treatment Plant Operator (all levels)
• Chief Treatment/Collections System Operator
• Sanitary Superintendent
• Water Superintendent
• Water Service Worker (all levels)
• Senior Water Service Worker (all levels)
• Other positions directly related to utility plant (water and wastewater operations) identified as necessary in the manpower study.

Note: these positions specifically exclude all clerical, administrative and management positions of the Water Authority and Sanitary District that overlap with other City positions (based on duties performed) to prevent different salary levels within other City operations. In no event will a utility position for which there is an equivalent or similar position elsewhere in the City be considered under a separate salary study.

The results of this salary study will be incorporated into the next City-wide salary study without update provided a City wide salary study is conducted within two years of the report date of this salary study.

City agrees to include employees and their job knowledge/experience of the Utilities in this study.

Upon conclusion of the salary and manpower studies, the City will meet and confer with the Union regarding implementation of and position and/or salary recommendations based on both studies.

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In the event the City determines a service and/or program will be contracted out, City agrees that any Request for a Proposal for contracting out a service and/or program will not displace any current employee. The City will agree to meet and confer with Teamsters Local 1932 and give notice as required by law.

ARTICLE 12 11– TEMPORARY EMPLOYEES
The City shall have the right to hire temporary employees (casuals) at the appropriate classification as outlined in this MOU as determined by the Department Head. Such employees shall not be covered by this MOU and shall not be employed in excess of one hundred twenty (120) sixty (60) consecutive working days within any twelve (12) month calendar year period. The City shall provide a list of all temporary employees each month with names, start date, department and assigned duties of each temporary employee. The union or the City may request a meeting to discuss the implementation of extending the length of service for a temporary employee not to exceed one hundred twenty (120) total days. The exceptions would be when the City is actively recruiting for an open position, extended workers’ compensation leaves, and FMLA (Family Medical Leave Act) leaves. In no way is this language intended to fill a position with a temporary employee. If a temporary employee is employed in excess of one hundred twenty (120) consecutive working days in a calendar year, then that temporary employee will be covered by the MOU and become a regular employee. The City shall not employ any temporary workers during the December holiday closure.

ARTICLE 13 12– EFFECTIVE DATES
SECTION 1. EFFECTIVE DATE
The provisions of this Agreement shall be effective commencing July 1, 2021 2023, except as otherwise specified in this Agreement, and shall remain in effect until June 30, 2023 2027, or until superseded by another Agreement.

SECTION 2. SEPARABILITY
If any section, subsection, sentence, or clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. The City and Teamsters Local 1932 hereby declare that they would have enacted this Agreement and each Formatted: Strikethrough
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section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Signed this __________________ day of ____________________, 2021 2023.

CITY OF COACHELLA TEAMSTERS LOCAL 1932
Dr. Gabriel Martin Natalie Harts Rich Smith
City Manager Teamsters Local 1932
Representative
Jerry Jimenez Jacob Alvarez
Employee Representative
________
Robert Huerta
Employee Representative
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Appendix A

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City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2023 - June 30, 2024 (7% COLA Effective July 1, 2023) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Accounting Manager h 57.00 59.85 62.84 65.99 69.28 72.75 m 9,880.08 10,374.08 10,892.79 11,437.43 12,009.30 12,609.76 Grade 37 a 118,560.94 124,488.99 130,713.44 137,249.11 144,111.56 151,317.14 Administrative Assistant h 34.49 36.21 38.02 39.92 41.92 44.01 m 5,977.57 6,276.45 6,590.27 6,919.79 7,265.78 7,629.07 Grade 10 a 71,730.87 75,317.41 79,083.28 83,037.44 87,189.32 91,548.78 Assistant to the City Manager h 56.83 59.68 62.66 65.79 69.08 72.54 a 9,851.28 10,343.85 10,861.04 11,404.09 11,974.30 12,573.01 Grade 36 m 118,215.41 124,126.19 130,332.49 136,849.12 143,691.58 150,876.15 Associate Planner h 44.21 46.42 48.74 51.18 53.74 56.42 m 7,662.96 8,046.11 8,448.42 8,870.84 9,314.38 9,780.10 Grade 32 a 91,955.56 96,553.34 101,381.01 106,450.06 111,772.56 117,361.19 Building Official h 56.32 59.14 62.10 65.20 68.46 71.89 m 9,762.98 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 Grade 25 a 117,155.81 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 Chief Treatment/Collections h 45.79 48.08 50.49 53.01 55.66 58.44 System Operator m 7,937.46 8,334.34 8,751.05 9,188.61 9,648.04 10,130.44 Grade 29 a 95,249.56 100,012.04 105,012.64 110,263.27 115,776.44 121,565.26 Civil Engineering Associate h 43.58 45.76 48.04 50.45 52.97 55.62 m 7,553.55 7,931.22 8,327.79 8,744.18 9,181.38 9,640.45 Grade 31 a 90,642.57 95,174.70 99,933.43 104,930.10 110,176.61 115,685.44 Code Compliance Manager h 56.32 59.14 62.10 65.20 68.46 71.89 m 9,762.98 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 Grade 25 a 117,155.81 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 Development Services h 38.06 39.97 41.96 44.06 46.27 48.58 Technician m 6,597.60 6,927.48 7,273.85 7,637.54 8,019.42 8,420.39 Grade 17 a 79,171.16 83,129.72 87,286.20 91,650.51 96,233.04 101,044.69 Community Services h 34.49 36.21 38.02 39.92 41.92 44.01 Coordinator m 5,977.57 6,276.45 6,590.27 6,919.79 7,265.78 7,629.07 Grade 10 a 71,730.87 75,317.41 79,083.28 83,037.44 87,189.32 91,548.78 Customer Service Supervisor h 42.94 45.08 47.34 49.70 52.19 54.80 m 7,442.21 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 Grade 34 a 89,306.54 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 Deputy City Clerk h 42.94 45.08 47.34 49.70 52.19 54.80 m 7,442.21 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 Grade 22 a 89,306.54 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29

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Appendix A

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City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2023 - June 30, 2024 (7% COLA Effective July 1, 2023) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Economic Development h 57.28 60.14 63.15 66.31 69.62 73.10 Manager m 9,928.07 10,424.47 10,945.69 11,492.98 12,067.63 12,671.01 Grade 38 a 119,136.81 125,093.65 131,348.34 137,915.75 144,811.54 152,052.12 Environmental/ h 44.21 46.42 48.74 51.18 53.74 56.42
Special Programs Manager m 7,662.96 8,046.11 8,448.42 8,870.84 9,314.38 9,780.10 Grade 32 a 91,955.56 96,553.34 101,381.01 106,450.06 111,772.56 117,361.19 Executive Assistant h 38.06 39.97 41.96 44.06 46.27 48.58 m 6,597.60 6,927.48 7,273.85 7,637.54 8,019.42 8,420.39 Grade 17 a 79,171.16 83,129.72 87,286.20 91,650.51 96,233.04 101,044.69 Finance Manager h 57.00 59.85 62.84 65.99 69.28 72.75
m 9,880.08 10,374.08 10,892.79 11,437.43 12,009.30 12,609.76 Grade 37 a 118,560.94 124,488.99 130,713.44 137,249.11 144,111.56 151,317.14 Finance Services Supervisor h 42.94 45.08 47.34 49.70 52.19 54.80 m 7,442.21 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 Grade 34 a 89,306.54 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 Grants Manager h 52.02 54.62 57.35 60.22 63.23 66.39
m 9,016.27 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 Grade 24 a 108,195.21 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 Information Technology h 63.98 67.18 70.54 74.06 77.76 81.65 Manager m 11,089.41 11,643.88 12,226.08 12,837.38 13,479.25 14,153.21 Grade 40 a 133,072.96 139,726.61 146,712.94 154,048.59 161,751.02 169,838.57 Management Analyst h 42.28 44.39 46.61 48.94 51.39 53.96 m 7,328.54 7,694.97 8,079.71 8,483.70 8,907.88 9,353.28 Grade 14 a 87,942.47 92,339.59 96,956.57 101,804.40 106,894.62 112,239.35 Parks and Recreation Services h 52.02 54.62 57.35 60.22 63.23 66.39 Manager m 9,016.27 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 Grade 24 a 108,195.21 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 Parks Supervisor h 42.94 45.08 47.34 49.70 52.19 54.80
m 7,442.21 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 Grade 34 a 89,306.54 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 Permit Technician h 35.31 37.07 38.92 40.87 42.91 45.06 m 6,119.62 6,425.60 6,746.88 7,084.23 7,438.44 7,810.36 Grade 12 a 73,435.45 77,107.23 80,962.59 85,010.72 89,261.25 93,724.31 Planning Manager h 68.44 71.86 75.46 79.23 83.19 87.35
m 11,863.00 12,456.15 13,078.96 13,732.91 14,419.56 15,140.53 Grade 41 a 142,356.05 149,473.86 156,947.55 164,794.93 173,034.67 181,686.41

Page 405 ends

Item 18.

Appendix A

Page 3 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2023 - June 30, 2024 (7% COLA Effective July 1, 2023) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Principal Planner h 56.32 59.14 62.10 65.20 68.46 71.89 m 9,762.98 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 Grade 39 a 117,155.81 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 Sanitary Superintendent h 52.02 54.62 57.35 60.22 63.23 66.39 m 9,016.27 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 Grade 24 a 108,195.21 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 Senior Civil Engineer h 56.32 59.14 62.10 65.20 68.46 71.89 m 9,762.98 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 Grade 25 a 117,155.81 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 Senior Management Analyst h 52.02 54.62 57.35 60.22 63.23 66.39 m 9,016.27 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 Grade 24 a 108,195.21 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 Senior Planner h 48.78 51.22 53.78 56.47 59.30 62.26
m 8,455.75 8,878.54 9,322.46 9,788.59 10,278.02 10,791.92 Grade 23 a 101,469.00 106,542.45 111,869.57 117,463.05 123,336.20 129,503.01 Streets Supervisor h 42.94 45.08 47.34 49.70 52.19 54.80 m 7,442.21 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 Grade 34 a 89,306.54 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 Streets Superintendent/ h 49.05 51.50 54.08 56.78 59.62 62.60 Emergency Services Coordinator m 8,501.82 8,926.91 9,373.26 9,841.92 10,334.02 10,850.72 Grade 33 a 102,021.84 107,122.93 112,479.08 118,103.03 124,008.18 130,208.59 Water Superintendent h 52.02 54.62 57.35 60.22 63.23 66.39 m 9,016.27 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 Grade 24 a 108,195.21 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55

Page 406 ends

Item 18.

Appendix B

Page 4 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2024 - June 30, 2025 (5% COLA Effective July 1, 2024) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Accounting Manager h 59.85 62.84 65.99 69.28 72.75 76.39 m 10,374.08 10,892.79 11,437.43 12,009.30 12,609.76 13,240.25 Grade 37 a 124,488.99 130,713.44 137,249.11 144,111.56 151,317.14 158,883.00 Administrative Assistant h 36.21 38.02 39.92 41.92 44.01 46.21 m 6,276.45 6,590.27 6,919.79 7,265.78 7,629.07 8,010.52 Grade 10 a 75,317.41 79,083.28 83,037.44 87,189.32 91,548.78 96,126.22 Assistant to the City Manager h 59.68 62.66 65.79 69.08 72.54 76.16 a 10,343.85 10,861.04 11,404.09 11,974.30 12,573.01 13,201.66 Grade 36 m 124,126.19 130,332.49 136,849.12 143,691.58 150,876.15 158,419.96 Associate Planner h 46.42 48.74 51.18 53.74 56.42 59.24 m 8,046.11 8,448.42 8,870.84 9,314.38 9,780.10 10,269.10 Grade 32 a 96,553.34 101,381.01 106,450.06 111,772.56 117,361.19 123,229.25 Building Official h 59.14 62.10 65.20 68.46 71.89 75.48 m 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 13,083.33 Grade 25 a 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 156,999.99 Chief Treatment/Collections h 48.08 50.49 53.01 55.66 58.44 61.37 System Operator m 8,334.34 8,751.05 9,188.61 9,648.04 10,130.44 10,636.96 Grade 29 a 100,012.04 105,012.64 110,263.27 115,776.44 121,565.26 127,643.52 Civil Engineering Associate h 45.76 48.04 50.45 52.97 55.62 58.40 m 7,931.22 8,327.79 8,744.18 9,181.38 9,640.45 10,122.48 Grade 31 a 95,174.70 99,933.43 104,930.10 110,176.61 115,685.44 121,469.71 Code Compliance Manager h 59.14 62.10 65.20 68.46 71.89 75.48 m 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 13,083.33 Grade 25 a 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 156,999.99 Development Services h 39.97 41.96 44.06 46.27 48.58 51.01 Technician m 6,927.48 7,273.85 7,637.54 8,019.42 8,420.39 8,841.41 Grade 17 a 83,129.72 87,286.20 91,650.51 96,233.04 101,044.69 106,096.92 Community Services h 36.21 38.02 39.92 41.92 44.01 46.21 Coordinator m 6,276.45 6,590.27 6,919.79 7,265.78 7,629.07 8,010.52 Grade 10 a 75,317.41 79,083.28 83,037.44 87,189.32 91,548.78 96,126.22 Customer Service Supervisor h 45.08 47.34 49.70 52.19 54.80 57.54 m 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 9,973.28 Grade 34 a 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 119,679.30 Deputy City Clerk h 45.08 47.34 49.70 52.19 54.80 57.54 m 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 9,973.28 Grade 22 a 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 119,679.30

Page 407 ends

Item 18.

Appendix B

Page 5 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2024 - June 30, 2025 (5% COLA Effective July 1, 2024) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Economic Development h 60.14 63.15 66.31 69.62 73.10 76.76 Manager m 10,424.47 10,945.69 11,492.98 12,067.63 12,671.01 13,304.56 Grade 38 a 125,093.65 131,348.34 137,915.75 144,811.54 152,052.12 159,654.72 Environmental/ h 46.42 48.74 51.18 53.74 56.42 59.24
Special Programs Manager m 8,046.11 8,448.42 8,870.84 9,314.38 9,780.10 10,269.10 Grade 32 a 96,553.34 101,381.01 106,450.06 111,772.56 117,361.19 123,229.25 Executive Assistant h 39.97 41.96 44.06 46.27 48.58 51.01 m 6,927.48 7,273.85 7,637.54 8,019.42 8,420.39 8,841.41 Grade 17 a 83,129.72 87,286.20 91,650.51 96,233.04 101,044.69 106,096.92 Finance Manager h 59.85 62.84 65.99 69.28 72.75 76.39
m 10,374.08 10,892.79 11,437.43 12,009.30 12,609.76 13,240.25 Grade 37 a 124,488.99 130,713.44 137,249.11 144,111.56 151,317.14 158,883.00 Finance Services Supervisor h 45.08 47.34 49.70 52.19 54.80 57.54 m 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 9,973.28 Grade 34 a 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 119,679.30 Grants Manager h 54.62 57.35 60.22 63.23 66.39 69.71
m 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 12,082.66 Grade 24 a 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 144,991.93 Information Technology h 67.18 70.54 74.06 77.76 81.65 85.74 Manager m 11,643.88 12,226.08 12,837.38 13,479.25 14,153.21 14,860.87 Grade 40 a 139,726.61 146,712.94 154,048.59 161,751.02 169,838.57 178,330.50 Management Analyst h 44.39 46.61 48.94 51.39 53.96 56.66 m 7,694.97 8,079.71 8,483.70 8,907.88 9,353.28 9,820.94 Grade 14 a 92,339.59 96,956.57 101,804.40 106,894.62 112,239.35 117,851.31 Parks and Recreation Services h 54.62 57.35 60.22 63.23 66.39 69.71 Manager m 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 12,082.66 Grade 24 a 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 144,991.93 Parks Supervisor h 45.08 47.34 49.70 52.19 54.80 57.54
m 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 9,973.28 Grade 34 a 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 119,679.30 Permit Technician h 37.07 38.92 40.87 42.91 45.06 47.31 m 6,425.60 6,746.88 7,084.23 7,438.44 7,810.36 8,200.88 Grade 12 a 77,107.23 80,962.59 85,010.72 89,261.25 93,724.31 98,410.53 Planning Manager h 71.86 75.46 79.23 83.19 87.35 91.72
m 12,456.15 13,078.96 13,732.91 14,419.56 15,140.53 15,897.56 Grade 41 a 149,473.86 156,947.55 164,794.93 173,034.67 181,686.41 190,770.73

Page 408 ends

Item 18.

Appendix B

Page 6 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2024 - June 30, 2025 (5% COLA Effective July 1, 2024) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Principal Planner h 59.14 62.10 65.20 68.46 71.89 75.48 m 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 13,083.33 Grade 39 a 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 156,999.99 Sanitary Superintendent h 54.62 57.35 60.22 63.23 66.39 69.71 m 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 12,082.66 Grade 24 a 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 144,991.93 Senior Civil Engineer h 59.14 62.10 65.20 68.46 71.89 75.48 m 10,251.13 10,763.69 11,301.87 11,866.97 12,460.32 13,083.33 Grade 25 a 123,013.60 129,164.28 135,622.49 142,403.62 149,523.80 156,999.99 Senior Management Analyst h 54.62 57.35 60.22 63.23 66.39 69.71 m 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 12,082.66 Grade 24 a 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 144,991.93 Senior Planner h 51.22 53.78 56.47 59.30 62.26 65.37
m 8,878.54 9,322.46 9,788.59 10,278.02 10,791.92 11,331.51 Grade 23 a 106,542.45 111,869.57 117,463.05 123,336.20 129,503.01 135,978.16 Streets Supervisor h 45.08 47.34 49.70 52.19 54.80 57.54 m 7,814.32 8,205.04 8,615.29 9,046.05 9,498.36 9,973.28 Grade 34 a 93,771.87 98,460.46 103,383.48 108,552.66 113,980.29 119,679.30 Streets Superintendent/ h 51.50 54.08 56.78 59.62 62.60 65.73 Emergency Services Coordinator m 8,926.91 9,373.26 9,841.92 10,334.02 10,850.72 11,393.25 Grade 33 a 107,122.93 112,479.08 118,103.03 124,008.18 130,208.59 136,719.02 Water Superintendent h 54.62 57.35 60.22 63.23 66.39 69.71 m 9,467.08 9,940.43 10,437.46 10,959.33 11,507.30 12,082.66 Grade 24 a 113,604.97 119,285.22 125,249.48 131,511.95 138,087.55 144,991.93

Page 409 ends

Item 18.

Appendix C

Page 7 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2025 - June 30, 2025 (3% COLA Effective July 1, 2025) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Accounting Manager h 61.65 64.73 67.96 71.36 74.93 78.68 m 10,685.30 11,219.57 11,780.55 12,369.58 12,988.05 13,637.46 Grade 37 a 128,223.66 134,634.84 141,366.58 148,434.91 155,856.65 163,649.49 Administrative Assistant h 37.30 39.16 41.12 43.18 45.33 47.60 m 6,464.74 6,787.98 7,127.38 7,483.75 7,857.94 8,250.83 Grade 10 a 77,576.93 81,455.78 85,528.57 89,804.99 94,295.24 99,010.01 Assistant to the City Manager h 61.47 64.54 67.77 71.15 74.71 78.45 a 10,654.16 11,186.87 11,746.22 12,333.53 12,950.20 13,597.71 Grade 36 m 127,849.97 134,242.47 140,954.59 148,002.32 155,402.44 163,172.56 Associate Planner h 47.81 50.20 52.71 55.35 58.12 61.02 m 8,287.49 8,701.87 9,136.96 9,593.81 10,073.50 10,577.18 Grade 32 a 99,449.94 104,422.44 109,643.56 115,125.74 120,882.02 126,926.12 Building Official h 60.92 63.96 67.16 70.52 74.04 77.75 m 10,558.67 11,086.60 11,640.93 12,222.98 12,834.13 13,475.83 Grade 25 a 126,704.00 133,039.21 139,691.17 146,675.72 154,009.51 161,709.99 Chief Treatment/Collections h 49.53 52.00 54.60 57.33 60.20 63.21 System Operator m 8,584.37 9,013.58 9,464.26 9,937.48 10,434.35 10,956.07 Grade 29 a 103,012.40 108,163.02 113,571.17 119,249.73 125,212.21 131,472.83 Civil Engineering Associate h 47.13 49.49 51.96 54.56 57.29 60.15 m 8,169.16 8,577.62 9,006.50 9,456.83 9,929.67 10,426.15 Grade 31 a 98,029.94 102,931.43 108,078.01 113,481.91 119,156.00 125,113.80 Code Compliance Manager h 60.92 63.96 67.16 70.52 74.04 77.75 m 10,558.67 11,086.60 11,640.93 12,222.98 12,834.13 13,475.83 Grade 25 a 126,704.00 133,039.21 139,691.17 146,675.72 154,009.51 161,709.99 Development Services h 41.17 43.22 45.38 47.65 50.04 52.54 Technician m 7,135.30 7,492.07 7,866.67 8,260.00 8,673.00 9,106.65 Grade 17 a 85,623.61 89,904.79 94,400.03 99,120.03 104,076.03 109,279.83 Community Services h 37.30 39.16 41.12 43.18 45.33 47.60 Coordinator m 6,464.74 6,787.98 7,127.38 7,483.75 7,857.94 8,250.83 Grade 10 a 77,576.93 81,455.78 85,528.57 89,804.99 94,295.24 99,010.01 Customer Service Supervisor h 46.44 48.76 51.19 53.75 56.44 59.26 m 8,048.75 8,451.19 8,873.75 9,317.44 9,783.31 10,272.47 Grade 34 a 96,585.02 101,414.27 106,484.99 111,809.24 117,399.70 123,269.68 Deputy City Clerk h 46.44 48.76 51.19 53.75 56.44 59.26 m 8,048.75 8,451.19 8,873.75 9,317.44 9,783.31 10,272.47 Grade 22 a 96,585.02 101,414.27 106,484.99 111,809.24 117,399.70 123,269.68

Page 410 ends

Item 18.

Appendix C

Page 8 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2025 - June 30, 2025 (3% COLA Effective July 1, 2025) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Economic Development h 61.95 65.04 68.29 71.71 75.30 79.06 Manager m 10,737.21 11,274.07 11,837.77 12,429.66 13,051.14 13,703.70 Grade 38 a 128,846.46 135,288.79 142,053.23 149,155.89 156,613.68 164,444.37 Environmental/ h 47.81 50.20 52.71 55.35 58.12 61.02
Special Programs Manager m 8,287.49 8,701.87 9,136.96 9,593.81 10,073.50 10,577.18 Grade 32 a 99,449.94 104,422.44 109,643.56 115,125.74 120,882.02 126,926.12 Executive Assistant h 41.17 43.22 45.38 47.65 50.04 52.54 m 7,135.30 7,492.07 7,866.67 8,260.00 8,673.00 9,106.65 Grade 17 a 85,623.61 89,904.79 94,400.03 99,120.03 104,076.03 109,279.83 Finance Manager h 61.65 64.73 67.96 71.36 74.93 78.68
m 10,685.30 11,219.57 11,780.55 12,369.58 12,988.05 13,637.46 Grade 37 a 128,223.66 134,634.84 141,366.58 148,434.91 155,856.65 163,649.49 Finance Services Supervisor h 46.44 48.76 51.19 53.75 56.44 59.26 m 8,048.75 8,451.19 8,873.75 9,317.44 9,783.31 10,272.47 Grade 34 a 96,585.02 101,414.27 106,484.99 111,809.24 117,399.70 123,269.68 Grants Manager h 56.26 59.07 62.02 65.12 68.38 71.80
m 9,751.09 10,238.65 10,750.58 11,288.11 11,852.51 12,445.14 Grade 24 a 117,013.12 122,863.77 129,006.96 135,457.31 142,230.17 149,341.68 Information Technology h 69.19 72.65 76.28 80.10 84.10 88.31 Manager m 11,993.20 12,592.86 13,222.50 13,883.63 14,577.81 15,306.70 Grade 40 a 143,918.41 151,114.33 158,670.05 166,603.55 174,933.73 183,680.41 Management Analyst h 45.73 48.01 50.41 52.93 55.58 58.36 m 7,925.81 8,322.11 8,738.21 9,175.12 9,633.88 10,115.57 Grade 14 a 95,109.78 99,865.27 104,858.53 110,101.45 115,606.53 121,386.85 Parks and Recreation Services h 56.26 59.07 62.02 65.12 68.38 71.80 Manager m 9,751.09 10,238.65 10,750.58 11,288.11 11,852.51 12,445.14 Grade 24 a 117,013.12 122,863.77 129,006.96 135,457.31 142,230.17 149,341.68 Parks Supervisor h 46.44 48.76 51.19 53.75 56.44 59.26
m 8,048.75 8,451.19 8,873.75 9,317.44 9,783.31 10,272.47 Grade 34 a 96,585.02 101,414.27 106,484.99 111,809.24 117,399.70 123,269.68 Permit Technician h 38.18 40.09 42.10 44.20 46.41 48.73 m 6,618.37 6,949.29 7,296.75 7,661.59 8,044.67 8,446.90 Grade 12 a 79,420.44 83,391.46 87,561.04 91,939.09 96,536.04 101,362.85 Planning Manager h 74.02 77.72 81.61 85.69 89.97 94.47
m 12,829.84 13,471.33 14,144.90 14,852.14 15,594.75 16,374.49 Grade 41 a 153,958.07 161,655.97 169,738.77 178,225.71 187,137.00 196,493.85

Page 411 ends

Item 18.

Appendix C

Page 9 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2025 - June 30, 2025 (3% COLA Effective July 1, 2025) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Principal Planner h 60.92 63.96 67.16 70.52 74.04 77.75 m 10,558.67 11,086.60 11,640.93 12,222.98 12,834.13 13,475.83 Grade 39 a 126,704.00 133,039.21 139,691.17 146,675.72 154,009.51 161,709.99 Sanitary Superintendent h 56.26 59.07 62.02 65.12 68.38 71.80 m 9,751.09 10,238.65 10,750.58 11,288.11 11,852.51 12,445.14 Grade 24 a 117,013.12 122,863.77 129,006.96 135,457.31 142,230.17 149,341.68 Senior Civil Engineer h 60.92 63.96 67.16 70.52 74.04 77.75 m 10,558.67 11,086.60 11,640.93 12,222.98 12,834.13 13,475.83 Grade 25 a 126,704.00 133,039.21 139,691.17 146,675.72 154,009.51 161,709.99 Senior Management Analyst h 56.26 59.07 62.02 65.12 68.38 71.80 m 9,751.09 10,238.65 10,750.58 11,288.11 11,852.51 12,445.14 Grade 24 a 117,013.12 122,863.77 129,006.96 135,457.31 142,230.17 149,341.68 Senior Planner h 52.76 55.40 58.17 61.08 64.13 67.34
m 9,144.89 9,602.14 10,082.25 10,586.36 11,115.68 11,671.46 Grade 23 a 109,738.72 115,225.66 120,986.94 127,036.29 133,388.10 140,057.51 Streets Supervisor h 46.44 48.76 51.19 53.75 56.44 59.26 m 8,048.75 8,451.19 8,873.75 9,317.44 9,783.31 10,272.47 Grade 34 a 96,585.02 101,414.27 106,484.99 111,809.24 117,399.70 123,269.68 Streets Superintendent/ h 53.05 55.70 58.48 61.41 64.48 67.70 Emergency Services Coordinator m 9,194.72 9,654.45 10,137.18 10,644.04 11,176.24 11,735.05 Grade 33 a 110,336.62 115,853.45 121,646.12 127,728.43 134,114.85 140,820.59 Water Superintendent h 56.26 59.07 62.02 65.12 68.38 71.80 m 9,751.09 10,238.65 10,750.58 11,288.11 11,852.51 12,445.14 Grade 24 a 117,013.12 122,863.77 129,006.96 135,457.31 142,230.17 149,341.68

Page 412 ends

Item 18.

Appendix D

Page 10 ends

City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2026 - June 30, 2027 (2% COLA Effective July 1, 2026) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Accounting Manager h 62.88 66.02 69.32 72.79 76.43 80.25 m 10,899.01 11,443.96 12,016.16 12,616.97 13,247.82 13,910.21 Grade 37 a 130,788.13 137,327.54 144,193.91 151,403.61 158,973.79 166,922.48 Administrative Assistant h 38.04 39.94 41.94 44.04 46.24 48.55 m 6,594.04 6,923.74 7,269.93 7,633.42 8,015.10 8,415.85 Grade 10 a 79,128.47 83,084.89 87,239.14 91,601.09 96,181.15 100,990.21 Assistant to the City Manager h 62.70 65.83 69.12 72.58 76.21 80.02 a 10,867.25 11,410.61 11,981.14 12,580.20 13,209.21 13,869.67 Grade 36 m 130,406.97 136,927.32 143,773.68 150,962.37 158,510.49 166,436.01 Associate Planner h 48.77 51.21 53.77 56.46 59.28 62.24 m 8,453.24 8,875.91 9,319.70 9,785.69 10,274.97 10,788.72 Grade 32 a 101,438.94 106,510.88 111,836.43 117,428.25 123,299.66 129,464.65 Building Official h 62.13 65.24 68.50 71.93 75.52 79.30 m 10,769.84 11,308.33 11,873.75 12,467.44 13,090.81 13,745.35 Grade 25 a 129,238.08 135,699.99 142,484.99 149,609.24 157,089.70 164,944.18 Chief Treatment/Collections h 50.52 53.04 55.69 58.48 61.40 64.47 System Operator m 8,756.05 9,193.86 9,653.55 10,136.23 10,643.04 11,175.19 Grade 29 a 105,072.65 110,326.28 115,842.59 121,634.72 127,716.46 134,102.28 Civil Engineering Associate h 48.07 50.48 53.00 55.65 58.43 61.35 m 8,332.54 8,749.17 9,186.63 9,645.96 10,128.26 10,634.67 Grade 31 a 99,990.54 104,990.06 110,239.57 115,751.54 121,539.12 127,616.08 Code Compliance Manager h 62.13 65.24 68.50 71.93 75.52 79.30 m 10,769.84 11,308.33 11,873.75 12,467.44 13,090.81 13,745.35 Grade 25 a 129,238.08 135,699.99 142,484.99 149,609.24 157,089.70 164,944.18 Development Services h 41.99 44.09 46.29 48.61 51.04 53.59 Technician m 7,278.01 7,641.91 8,024.00 8,425.20 8,846.46 9,288.79 Grade 17 a 87,336.08 91,702.88 96,288.03 101,102.43 106,157.55 111,465.43 Community Services h 38.04 39.94 41.94 44.04 46.24 48.55 Coordinator m 6,594.04 6,923.74 7,269.93 7,633.42 8,015.10 8,415.85 Grade 10 a 79,128.47 83,084.89 87,239.14 91,601.09 96,181.15 100,990.21 Customer Service Supervisor h 47.36 49.73 52.22 54.83 57.57 60.45 m 8,209.73 8,620.21 9,051.22 9,503.79 9,978.97 10,477.92 Grade 34 a 98,516.72 103,442.56 108,614.69 114,045.42 119,747.69 125,735.08 Deputy City Clerk h 47.36 49.73 52.22 54.83 57.57 60.45 m 8,209.73 8,620.21 9,051.22 9,503.79 9,978.97 10,477.92 Grade 22 a 98,516.72 103,442.56 108,614.69 114,045.42 119,747.69 125,735.08

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Appendix D

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City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2026 - June 30, 2027 (2% COLA Effective July 1, 2026) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Economic Development h 63.18 66.34 69.66 73.14 76.80 80.64 Manager m 10,951.95 11,499.55 12,074.52 12,678.25 13,312.16 13,977.77 Grade 38 a 131,423.39 137,994.56 144,894.29 152,139.00 159,745.96 167,733.25 Environmental/ h 48.77 51.21 53.77 56.46 59.28 62.24
Special Programs Manager m 8,453.24 8,875.91 9,319.70 9,785.69 10,274.97 10,788.72 Grade 32 a 101,438.94 106,510.88 111,836.43 117,428.25 123,299.66 129,464.65 Executive Assistant h 41.99 44.09 46.29 48.61 51.04 53.59 m 7,278.01 7,641.91 8,024.00 8,425.20 8,846.46 9,288.79 Grade 17 a 87,336.08 91,702.88 96,288.03 101,102.43 106,157.55 111,465.43 Finance Manager h 62.88 66.02 69.32 72.79 76.43 80.25
m 10,899.01 11,443.96 12,016.16 12,616.97 13,247.82 13,910.21 Grade 37 a 130,788.13 137,327.54 144,193.91 151,403.61 158,973.79 166,922.48 Finance Services Supervisor h 47.36 49.73 52.22 54.83 57.57 60.45 m 8,209.73 8,620.21 9,051.22 9,503.79 9,978.97 10,477.92 Grade 34 a 98,516.72 103,442.56 108,614.69 114,045.42 119,747.69 125,735.08 Grants Manager h 57.38 60.25 63.26 66.43 69.75 73.23
m 9,946.11 10,443.42 10,965.59 11,513.87 12,089.56 12,694.04 Grade 24 a 119,353.38 125,321.05 131,587.10 138,166.46 145,074.78 152,328.52 Information Technology h 70.58 74.10 77.81 81.70 85.78 90.07 Manager m 12,233.06 12,844.72 13,486.95 14,161.30 14,869.37 15,612.84 Grade 40 a 146,796.78 154,136.62 161,843.45 169,935.62 178,432.40 187,354.02 Management Analyst h 46.64 48.97 51.42 53.99 56.69 59.53 m 8,084.33 8,488.55 8,912.97 9,358.62 9,826.55 10,317.88 Grade 14 a 97,011.97 101,862.57 106,955.70 112,303.48 117,918.66 123,814.59 Parks and Recreation Services h 57.38 60.25 63.26 66.43 69.75 73.23 Manager m 9,946.11 10,443.42 10,965.59 11,513.87 12,089.56 12,694.04 Grade 24 a 119,353.38 125,321.05 131,587.10 138,166.46 145,074.78 152,328.52 Parks Supervisor h 47.36 49.73 52.22 54.83 57.57 60.45
m 8,209.73 8,620.21 9,051.22 9,503.79 9,978.97 10,477.92 Grade 34 a 98,516.72 103,442.56 108,614.69 114,045.42 119,747.69 125,735.08 Permit Technician h 38.95 40.89 42.94 45.09 47.34 49.71 m 6,750.74 7,088.27 7,442.69 7,814.82 8,205.56 8,615.84 Grade 12 a 81,008.85 85,059.29 89,312.26 93,777.87 98,466.76 103,390.10 Planning Manager h 75.50 79.27 83.24 87.40 91.77 96.36
m 13,086.44 13,740.76 14,427.80 15,149.19 15,906.64 16,701.98 Grade 41 a 157,037.23 164,889.09 173,133.55 181,790.23 190,879.74 200,423.72

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Item 18.

Appendix D

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City of Coachella - Salary Schedule
Confidential Mid-Management Employees
July 1, 2026 - June 30, 2027 (2% COLA Effective July 1, 2026) (Revised by Council 07/26/23, Resolution No. 2023-30)
Step A B C D E "O"
Performance
Step (5%)
Principal Planner h 62.13 65.24 68.50 71.93 75.52 79.30 m 10,769.84 11,308.33 11,873.75 12,467.44 13,090.81 13,745.35 Grade 39 a 129,238.08 135,699.99 142,484.99 149,609.24 157,089.70 164,944.18 Sanitary Superintendent h 57.38 60.25 63.26 66.43 69.75 73.23 m 9,946.11 10,443.42 10,965.59 11,513.87 12,089.56 12,694.04 Grade 24 a 119,353.38 125,321.05 131,587.10 138,166.46 145,074.78 152,328.52 Senior Civil Engineer h 62.13 65.24 68.50 71.93 75.52 79.30 m 10,769.84 11,308.33 11,873.75 12,467.44 13,090.81 13,745.35 Grade 25 a 129,238.08 135,699.99 142,484.99 149,609.24 157,089.70 164,944.18 Senior Management Analyst h 57.38 60.25 63.26 66.43 69.75 73.23 m 9,946.11 10,443.42 10,965.59 11,513.87 12,089.56 12,694.04 Grade 24 a 119,353.38 125,321.05 131,587.10 138,166.46 145,074.78 152,328.52 Senior Planner h 53.81 56.50 59.33 62.30 65.41 68.68
m 9,327.79 9,794.18 10,283.89 10,798.08 11,337.99 11,904.89 Grade 23 a 111,933.50 117,530.17 123,406.68 129,577.01 136,055.86 142,858.66 Streets Supervisor h 47.36 49.73 52.22 54.83 57.57 60.45 m 8,209.73 8,620.21 9,051.22 9,503.79 9,978.97 10,477.92 Grade 34 a 98,516.72 103,442.56 108,614.69 114,045.42 119,747.69 125,735.08 Streets Superintendent/ h 54.11 56.81 59.65 62.64 65.77 69.06 Emergency Services Coordinator m 9,378.61 9,847.54 10,339.92 10,856.92 11,399.76 11,969.75 Grade 33 a 112,543.35 118,170.52 124,079.04 130,283.00 136,797.15 143,637.00 Water Superintendent h 57.38 60.25 63.26 66.43 69.75 73.23 m 9,946.11 10,443.42 10,965.59 11,513.87 12,089.56 12,694.04 Grade 24 a 119,353.38 125,321.05 131,587.10 138,166.46 145,074.78 152,328.52

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Item 18.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
SUBJECT: Appointments to the Cultural and Arts Commission STAFF RECOMMENDATION:

Appoint to the City of Coachella Cultural and Arts Commission, five new Commissioners and one Alternate Commissioner.

BACKGROUND:

The Cultural and Arts Commission was established on February 10, 2021 by Ordinance No. 1173 with the purpose of enacting a Cultural and Arts Commission that would in an advisory capacity, advise the City Council on matters pertaining to enrichment of the community through the fine arts, visual arts, performing arts, arts education, historic preservation and cultural issues; to serve as an advocate for cultural activities and programs within the city; to implement the city's Art in Public Places program, and to encourage the integration of cultural affairs into the social and economic fabric of the city to improve the quality of life for city residents.

DISCUSSION/ANALYSIS:

The City invited applications and closed the application submission period on February 3, 2023 and was extended to allow for more applicants. Six Coachella residents submitted applications for the identified vacancies:

1. Armando Lerma

2. Clara Nieblas

3. Irene N. Rodriguez

4. Javier Figueroa

5. Juan Ponce Ramos

6. Oralia Ortiz

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Item 19.

Council may at this time direct selection of Commissioners as follows:
1) Vote to elect the applicants currently on file (attached hereto); 2) Choose to establish a new application period to invite additional applicants to apply for the vacant Commissioner and Alternate Commissioner positions; and/or 3) Provide alternate direction.

FISCAL IMPACT
None of the recommended actions have a direct fiscal impact on the adopted budget.

ATTACHMENTS:

1. Applications received (6)

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Item 19.

Clara Nieblas
1381 4th st apt 6 Coachella CA
4423068956 [email protected]
I think I should be appointed because of my passion for community engagement in the arts.

I have been a member of Raíces Culturas since I was a freshman in high school and am now the Program implementation and outreach specialist at Raices 11 years later. Throughout my time in this organization I have been involved with the planning of the cities Dia de los muertos events, experience in building large art instillations, creating murals, arts and culture programming for youth, cultivated partnerships with other organizations and much more. I also have a Bachelors degree in Art Education therefore I have deep knowledge and understanding of curriculum building and implementation in multiple educational settings.

On top of all of this I also have experience hosting art workshops at the Palm Springs art museum, Raíces Culturas and other organizations like C.O.F.E.M and the Migrant Education program at our school district. I believe in the power of the arts to bring people together and foster a sense of belonging and understanding among community members. I would love to continue being a part of this journey through this position.

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Item 19.

I some of the goals of the arts commission as, promoting citywide appreciation and access to the arts. Develop initiatives that encourage youth involvement in the arts.Create and support opportunities for professional artists and arts organizations. Advocate for the inclusion of the arts in public spaces and the public sphere. Generate economic opportunities and support economic growth in the arts and simply just help make arts and culture more accessible to all residents. I would help achieve these objectives and goals by making sure that we have as much community involvement as possible in the decision making processes. Making sure that funds are being allocated fairly My passion for the arts, creativity, and community organiz ing are some of my greatest assets that I can bring to an Arts Commission. I have excellent communication skills and highly enjoy working with a team to bring a collaborative vision to life. Above all, I am dedicated to the pursuit of knowledge, and finding innovative ways to bring artistic and cultural enrichment to our local community.

How much authority does to commission have towards the overall decision making within city structure? How often are objectives changed or modified if they are at all? How much control does the commission have over funding?
I would just like to comment that I grew up In down town Coachella and I love all of our murals but I would love to see where I can help more local artists get these opportunities. 04-07-2023

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Item 19.

Irene N Rodríguez
48912 Playa del Amor, Coachella, CA 92236
626-422-9898 [email protected]
I've worked for over 15 years in the arts to engage the community with artworks and facilitate programs for families and children to learn more about art and to be comfortable around it.

In addition, I am one of the co-director of the student exhibition county-wide, Fine Arts Spectacular, which is sponsored by the Riverside County Office of Education. With my other colleague, we review the submissions, select the jurors, and determine the theme of the student exhibition.

I have a B.A. in Arts History and Business Economics and a M.A. in Museum Studies.

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Item 19.

The Commission's goals and objectives are to bring art to the city created by emerging and well-known artists. These artists need to be contacted and or identified 1) from the city of Coachella; 2) from Coachella Valley; and then, 3) from outside the area. Through my various contacts, I can begin the process of identifying artists to bring more art in various forms to Coachella. At the moment, Coachella has beautiful murals and sculptures. It will be interesting what other media of art we can bring into the city.

I was raised Coachella and upon finishing my education, I have made my Coachella my home since 2004.

I have seen its growth and would like to be part of it in bring the arts and cultural aspect to the community.

Throughout my work experience, one key element is always connecting with the community. This one quality I will bring to the Commission.

Some questions:

1. Who develops the agenda for the meeting?

2. Does the Commission have a staff liaison?

3. Does the Commission meet at any point with the City Council members and the Mayor?

4. What is the budget for the Commission?

5. How many times does the Commission meet and for how long? Thank you for this opportunity to apply for the Arts and Cultural Commission. 04-07-2023

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Item 19.

CITY OF COACHELLA

CULTURAL AND ARTS COMMISSION APPLICATION
Application deadline is 6:00 p.m. on Monday, April 12, 2021 Application must be received by the deadline in order to be considered NAME: _____________________________________________________________________________ ADDRESS: ___________________________________________________________________________ TELEPHONE: ______________________________ E-MAIL: _________________________________ To be eligible for appointment to the Commission you must be a resident of the City of Coachella.

Members may only serve on one commission/committee.

Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

3. What special qualities can you bring to the Commission? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Oralia "Yaya" Ortiz
85092 Damascus Ave Coachella, CA 92236
760-984-2365 [email protected]
Since 2009 I have worked dilengenlty to bring art programs & venues to the community of Coachellla.

Beginning with the Shadly Lane Mural, Synergy Music & Arts Festival, Women Rising, Arte De Barrio etc.

Currently, a art & music center that would benefit at-risk youth and the community at large.

Goals & Objectives of an Arts Commission should always have the community in mind, to be objective and fair to every artist that submit RFP's and ideas. Art installations should also reflect the community it's serving .

I believe art in an intergal part of every community. It brings vitality, socail engagement, inspires local culture of creative thinkers. I will continue that these values are instilled in every potential art project that is submitted.

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Item 19.

CITY OF COACHELLA

PARKS AND RECREATION COMMISSION APPLICATION
PAGE 2

4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

5. Other comments and/or ideas as to how you as a member of the Cultural and Arts Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ______________________________ ________________________________ Signature Date
Note: Members of commissions shall be appointed for four year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Andrea Carranza, Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected] (Revised 02-10-2021)
Oralia Ortiz 2/16/2023
I would like to see the arts commission to include funding for programs and venues.

I will stirve for fairness to assure every artist has an opportunity to submit art work that reflects our community.

That funds be distrubutied fairly so eveyone has an opportunity to showcase their art work.

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Item 19.

STAFF REPORT
7/26/2023
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel D. Martin, City Manager
SUBJECT: MAKING FINDINGS ON AN ENERGY SERVICES CONTRACT AND

FACILITY FINANCING FOR AN ENERGY EFFICIENCY PROJECT

REQUIRED UNDER CALIFORNIA GOVERNMENT CODE SECTION
4217.10 ET SEQ. AND AUTHORIZING AN ENERGY SERVICES

CONTRACT
STAFF RECOMMENDATION:

Staff recommends that the City Council for the City of Coachella (“City”) adopt the following two resolutions that will do the following:
 Adopt the Resolution No. 2023-53 attached hereto as Attachment 2 (“Findings & Energy Contract Resolution”) that will:
o Make the required findings under Government Code section 4217.10, et seq. enabling the City to enter into an energy services contract with Alliance Building Solutions, Inc. (“ABS”); and
o Authorize the City Manager to execute the Contract for Design and Construction of Energy Conservation Measures in the form attached as Exhibit C to the Findings & Energy Contract Resolution (“Energy Services Contract”) with ABS in the amount of $15,429,458 for the City-wide design and construction of certain energy conservation facilities and measures, subject to revisions recommended and approved by the City Attorney, and contingent on finalizing and obtaining financing for the project.

BACKGROUND:

The City has identified various capital improvement projects and facility needs that involve energy efficiency upgrades and improvements throughout various City facilities, including water and wastewater infrastructure upgrades at related sites, as further described in Attachment 1 (“Energy Improvements”).

With the City facing future utility rates increases and 10% of the budget currently spent on energy costs, a proactive approach towards reducing City-wide energy consumption is needed. City staff

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Coachella City CouncilJuly 26, 2023

Coachella City Council
July 26, 2023