Coachella City Council
September 13, 2023

Item 17.

Managed Account Detail of Securities Held For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) $35,821,539.50 $34,751,339.03 2.27% $142,755.69 $34,919,113.48 $33,252,126.49 $33,394,882.18
$142,755.69
Total Investments
Accrued Interest
Securities Sub-Total

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY NOTES 9128285U0 70,000.00 MERRILL 98.69 69,081.25 (1,126.56) (939.94) DTD 12/31/2018 2.625% 12/31/2023

0.50 5.32
US TREASURY NOTES 912828X70 350,000.00 MORGAN_S 97.20 340,210.92 (11,375.02) (10,058.27) DTD 05/01/2017 2.000% 04/30/2024

0.83 5.47
US TREASURY N/B NOTES 91282CER8 650,000.00 JPM_CHA 97.39 633,039.03 (13,126.98) (15,110.27) DTD 05/31/2022 2.500% 05/31/2024

0.91 5.45
US TREASURY N/B NOTES 91282CCL3 1,285,000.00 RBC 94.97 1,220,348.44 (27,858.40) (48,727.41) DTD 07/15/2021 0.375% 07/15/2024

1.04 5.41
US TREASURY NOTES 9128282N9 125,000.00 MORGAN_S 96.58 120,722.65 (6,210.94) (4,697.60) DTD 07/31/2017 2.125% 07/31/2024

1.07 5.41
US TREASURY NOTES 9128282U3 165,000.00 HSBC 96.08 158,528.90 (10,770.12) (7,478.61) DTD 08/31/2017 1.875% 08/31/2024

1.15 5.38
US TREASURY NOTES 9128282Y5 295,000.00 HSBC 96.16 283,660.94 (20,154.49) (13,547.75) DTD 10/02/2017 2.125% 09/30/2024

1.24 5.34
US TREASURY NOTES 912828YM6 195,000.00 BNP_PAR 95.14 185,524.21 (18,106.06) (12,510.06) DTD 10/31/2019 1.500% 10/31/2024

1.32 5.32
US TREASURY NOTES 9128283J7 425,000.00 RBS 95.77 407,003.88 (27,840.85) (20,846.63) DTD 11/30/2017 2.125% 11/30/2024

1.40 5.26
US TREASURY NOTES 9128283J7 580,000.00 NOMURA 95.77 555,440.60 (36,476.59) (27,945.63) DTD 11/30/2017 2.125% 11/30/2024

1.40 5.26
US TREASURY N/B NOTES 91282CDS7 1,265,000.00 BNP_PAR 94.03 1,189,495.31 (55,393.17) (64,824.00) DTD 01/15/2022 1.125% 01/15/2025

1.52 5.20
US TREASURY NOTES 912828J27 130,000.00 MERRILL 95.16 123,703.13 (13,502.73) (8,666.96) DTD 02/17/2015 2.000% 02/15/2025

1.60 5.14
US TREASURY NOTES 912828ZF0 1,330,000.00 RBS 92.50 1,230,250.00 (18,703.13) (47,857.26) DTD 03/31/2020 0.500% 03/31/2025

1.74 5.03
US TREASURY NOTES 91282CAJ0 555,000.00 WELLS_F 90.72 503,489.06 (45,310.55) (48,206.29) DTD 08/31/2020 0.250% 08/31/2025

2.16 4.81
US TREASURY NOTES 91282CAJ0 1,500,000.00 RBS 90.72 1,360,781.25 (21,035.16) (57,896.94) DTD 08/31/2020 0.250% 08/31/2025

2.16 4.81
US TREASURY NOTES 91282CAM3 460,000.00 HSBC 90.56 416,587.50 (35,685.94) (39,126.92) DTD 09/30/2020 0.250% 09/30/2025

2.24 4.72
US TREASURY NOTES 91282CAT8 350,000.00 RBC 90.25 315,875.00 (17,486.33) (23,533.37) DTD 10/31/2020 0.250% 10/31/2025

2.33 4.71

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY NOTES 91282CAT8 410,000.00 TD 90.25 370,025.00 (31,294.53) (34,992.20) DTD 10/31/2020 0.250% 10/31/2025

2.33 4.71
US TREASURY NOTES 91282CAZ4 210,000.00 NOMURA 90.25 189,525.00 (15,134.77) (17,306.03) DTD 11/30/2020 0.375% 11/30/2025

2.41 4.69
US TREASURY NOTES 91282CBC4 190,000.00 JPM_CHA 90.14 171,267.18 (14,227.74) (16,351.30) DTD 12/31/2020 0.375% 12/31/2025

2.49 4.59
US TREASURY NOTES 91282CBC4 350,000.00 BNP_PAR 90.14 315,492.17 (32,375.02) (33,433.19) DTD 12/31/2020 0.375% 12/31/2025

2.49 4.59
US TREASURY NOTES 91282CBH3 160,000.00 JPM_CHA 89.77 143,624.99 (1,875.01) (6,358.56) DTD 01/31/2021 0.375% 01/31/2026

2.57 4.62
US TREASURY NOTES 9128286A3 255,000.00 JPM_CHA 95.16 242,648.44 (39,415.43) (26,419.41) DTD 01/31/2019 2.625% 01/31/2026

2.49 4.63
US TREASURY NOTES 91282CBH3 270,000.00 MERRILL 89.77 242,367.17 (22,042.99) (24,698.16) DTD 01/31/2021 0.375% 01/31/2026

2.57 4.62
US TREASURY NOTES 91282CBH3 475,000.00 BNP_PAR 89.77 426,386.70 (39,484.39) (43,444.44) DTD 01/31/2021 0.375% 01/31/2026

2.57 4.62
US TREASURY NOTES 91282CBH3 1,320,000.00 RBC 89.77 1,184,906.19 (61,720.37) (87,042.60) DTD 01/31/2021 0.375% 01/31/2026

2.57 4.62
US TREASURY NOTES 91282CBQ3 310,000.00 RBC 89.83 278,467.17 (27,209.78) (29,217.85) DTD 02/28/2021 0.500% 02/28/2026

2.65 4.59
US TREASURY NOTES 91282CBQ3 630,000.00 WELLS_F 89.83 565,917.16 (47,102.37) (53,382.06) DTD 02/28/2021 0.500% 02/28/2026

2.65 4.59
US TREASURY N/B NOTES 91282CCF6 290,000.00 RBC 89.81 260,456.25 (28,909.37) (29,172.94) DTD 05/31/2021 0.750% 05/31/2026

2.89 4.52
US TREASURY N/B NOTES 91282CCF6 325,000.00 CITIGRP 89.81 291,890.63 (5,966.79) (13,214.77) DTD 05/31/2021 0.750% 05/31/2026

2.89 4.52
US TREASURY N/B NOTES 91282CCZ2 300,000.00 RBC 89.47 268,406.25 (7,816.41) (14,352.64) DTD 09/30/2021 0.875% 09/30/2026

3.20 4.39
US TREASURY NOTES 912828V98 295,000.00 JPM_CHA 92.98 274,303.92 (13,067.56) (14,693.83) DTD 02/15/2017 2.250% 02/15/2027

3.47 4.36
US TREASURY NOTES 912828V98 925,000.00 CITIGRP 92.98 860,105.52 (11,345.65) (20,934.01) DTD 02/15/2017 2.250% 02/15/2027

3.47 4.36
US TREASURY N/B NOTES 912828ZN3 1,110,000.00 NOMURA 86.64 961,710.88 (30,351.62) (52,861.38) DTD 04/30/2020 0.500% 04/30/2027

3.80 4.32

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY NOTES 9128282R0 1,050,000.00 HSBC 92.44 970,593.75 (24,896.48) (33,900.87) DTD 08/15/2017 2.250% 08/15/2027

3.92 4.27
US TREASURY N/B NOTES 91282CFM8 500,000.00 MERRILL 99.44 497,187.50 449.22 12.38 DTD 09/30/2022 4.125% 09/30/2027

3.90 4.27
US TREASURY N/B NOTES 91282CFU0 340,000.00 NOMURA 99.47 338,193.75 (6,534.38) (5,992.28) DTD 10/31/2022 4.125% 10/31/2027

3.99 4.26
US TREASURY NOTES 91282CAU5 1,210,000.00 WELLS_F 85.34 1,032,659.38 2,221.49 (15,744.93) DTD 10/31/2020 0.500% 10/31/2027

4.28 4.24
US TREASURY NOTES 91282CBJ9 1,130,000.00 CITIGRP 85.77 969,151.51 (4,811.38) (17,084.93) DTD 01/31/2021 0.750% 01/31/2028

4.49 4.19
US TREASURY N/B NOTES 91282CGT2 490,000.00 BNP_PAR 97.69 478,668.75 (10,833.59) (10,850.22) DTD 03/31/2023 3.625% 03/31/2028

4.36 4.17
US TREASURY N/B NOTES 91282CBS9 575,000.00 RBC 87.50 503,125.00 (13,970.70) (15,687.10) DTD 03/31/2021 1.250% 03/31/2028

4.60 4.18
US TREASURY N/B NOTES 91282CHA2 420,000.00 BARCLAY 97.17 408,121.89 (9,925.77) (9,990.99) DTD 04/30/2023 3.500% 04/30/2028

4.46 4.15
US TREASURY N/B NOTES 91282CHA2 460,000.00 WELLS_F 97.17 446,990.65 (13,853.88) (13,832.43) DTD 04/30/2023 3.500% 04/30/2028

4.46 4.15
US TREASURY N/B NOTES 91282CHE4 740,000.00 HSBC 97.83 723,928.09 (13,123.47) (13,170.32) DTD 05/31/2023 3.625% 05/31/2028

4.53 4.12
Security Type Sub-Total 24,470,000.00 22,529,862.96 (904,781.76) (1,106,090.97) 2.76 4.68 Supra-National Agency Bond / Note
INTL BK RECON & DEVELOP NOTES 459058JM6 150,000.00 TD 98.00 146,998.35 (2,679.15) (2,958.65) DTD 11/24/2020 0.250% 11/24/2023

0.40 5.36
INTER-AMERICAN DEVEL BK NOTES 4581X0DZ8 300,000.00 JPM_CHA 94.24 282,721.50 (17,056.50) (17,187.35) DTD 09/23/2021 0.500% 09/23/2024

1.23 5.40
Security Type Sub-Total 450,000.00 429,719.85 (19,735.65) (20,146.00) 0.94 5.39 Municipal Bond / Note
CA ST TXBL GO BONDS 13063DRJ9 190,000.00 MORGAN_S 99.23 188,544.60 (5,257.30) (1,698.64) DTD 10/24/2019 2.400% 10/01/2023

0.26 5.44

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Municipal Bond / Note
MS ST TXBL GO BONDS 605581MZ7 200,000.00 WELLS_F 93.56 187,116.00 (12,884.00) (12,884.00) DTD 08/06/2020 0.565% 11/01/2024

1.33 5.64
OR ST DEPT TRANS TXBL REV BONDS 68607DVA0 135,000.00 MORGAN_ 93.91 126,775.80 (8,224.20) (8,224.20) DTD 09/17/2020 0.566% 11/15/2024

1.37 5.21
FL ST BOARD OF ADMIN TXBL REV BONDS 341271AD6 40,000.00 MERRILL 92.65 37,061.20 (3,221.60) (3,057.00) DTD 09/16/2020 1.258% 07/01/2025

1.97 5.17
FL ST BOARD OF ADMIN TXBL REV BONDS 341271AD6 110,000.00 MERRILL 92.65 101,918.30 (8,081.70) (8,081.70) DTD 09/16/2020 1.258% 07/01/2025

1.97 5.17
LOS ANGELES CCD, CA TXBL GO BONDS 54438CYK2 80,000.00 MERRILL 91.81 73,448.80 (6,551.20) (6,551.20) DTD 11/10/2020 0.773% 08/01/2025

2.07 4.95
NJ TURNPIKE AUTHORITY TXBL REV 646140DP5 40,000.00 CITIGRP 91.38 36,550.80 (3,449.20) (3,449.20) BONDS
DTD 02/04/2021 1.047% 01/01/2026

2.46 4.74
Security Type Sub-Total 795,000.00 751,415.50 (47,669.20) (43,945.94) 1.31 5.32 Federal Agency Commercial Mortgage-Backed Security
FANNIEMAE-ACES 3136AJB54 36,983.66 JPM_CHAS 98.47 36,417.95 (2,362.89) (851.39) DTD 04/01/2014 3.346% 03/01/2024

0.66 5.68
FHMS K043 A2 3137BGK24 110,000.00 CITIGRP 96.67 106,331.71 (9,116.73) (5,320.01) DTD 03/01/2015 3.062% 12/01/2024

1.35 5.51
FHMS K061 A2 3137BTUM1 240,000.00 CITIGRP 95.49 229,170.36 (3,442.14) (3,665.47) DTD 01/30/2017 3.347% 11/01/2026

3.00 4.81
Security Type Sub-Total 386,983.66 371,920.02 (14,921.76) (9,836.87) 2.30 5.10 Federal Agency Bond / Note
FEDERAL FARM CREDIT BANK (CALLABLE) 3133EMAM4 250,000.00 TD 98.91 247,270.00 (2,305.00) (2,697.64) DTD 09/21/2020 0.250% 09/21/2023

0.23 5.16
FEDERAL HOME LOAN BANKS NOTES 3130A0F70 190,000.00 BARCLAYS 99.10 188,281.83 (7,318.21) (2,223.82) DTD 12/09/2013 3.375% 12/08/2023

0.44 5.47
FEDERAL HOME LOAN BANK NOTES 3130AJHU6 200,000.00 CITIGRP 92.35 184,698.60 (14,309.40) (14,946.26) DTD 04/16/2020 0.500% 04/14/2025

1.78 5.02

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Federal Agency Bond / Note
FANNIE MAE NOTES 3135G03U5 260,000.00 CITIGRP 92.49 240,465.94 (18,998.46) (19,339.96) DTD 04/24/2020 0.625% 04/22/2025

1.80 5.02
FANNIE MAE NOTES 3135G03U5 360,000.00 HSBC 92.49 332,952.84 (28,890.36) (27,730.86) DTD 04/24/2020 0.625% 04/22/2025

1.80 5.02
FREDDIE MAC NOTES (CALLABLE) 3134GVB31 200,000.00 JPM_CHA 08/28/23 92.02 184,037.80 (15,362.20) (15,731.66) DTD 05/29/2020 0.750% 05/28/2025

0.19 5.19
FANNIE MAE NOTES 3135G04Z3 175,000.00 TD 91.74 160,542.38 (14,658.87) (14,537.52) DTD 06/19/2020 0.500% 06/17/2025

1.96 4.97
FANNIE MAE NOTES 3135G04Z3 225,000.00 NOMURA 91.74 206,411.62 (19,643.63) (19,029.30) DTD 06/19/2020 0.500% 06/17/2025

1.96 4.97
FANNIE MAE NOTES 3135G04Z3 305,000.00 NOMURA 91.74 279,802.43 (24,566.22) (24,949.39) DTD 06/19/2020 0.500% 06/17/2025

1.96 4.97
FREDDIE MAC NOTES 3137EAEU9 185,000.00 WELLS_F 91.25 168,804.92 (15,273.78) (15,815.75) DTD 07/23/2020 0.375% 07/21/2025

2.05 4.90
FANNIE MAE NOTES 3135G05X7 195,000.00 BARCLAY 90.92 177,293.81 (16,793.59) (17,312.93) DTD 08/27/2020 0.375% 08/25/2025

2.14 4.87
FANNIE MAE NOTES 3135G05X7 420,000.00 NOMURA 90.92 381,863.58 (35,864.22) (37,126.27) DTD 08/27/2020 0.375% 08/25/2025

2.14 4.87
FREDDIE MAC NOTES (CALLABLE) 3134GXS54 1,000,000.00 JPM_CHA 08/28/23 97.39 973,882.00 (25,718.00) (25,829.52) DTD 08/30/2022 4.050% 08/28/2025

0.17 5.34
FREDDIE MAC NOTES 3137EAEX3 285,000.00 CITIGRP 90.69 258,455.67 (25,686.48) (26,161.03) DTD 09/25/2020 0.375% 09/23/2025

2.22 4.83
FANNIE MAE NOTES 3135G06G3 185,000.00 BARCLAY 90.52 167,459.04 (16,878.66) (17,228.18) DTD 11/12/2020 0.500% 11/07/2025

2.34 4.81
Security Type Sub-Total 4,435,000.00 4,152,222.46 (282,267.08) (280,660.09) 1.32 5.08 Corporate Note
PFIZER INC CORP NOTES 717081ES8 260,000.00 BNP_PARI 02/15/24 98.20 255,308.56 (7,837.44) (5,096.63) DTD 03/11/2019 2.950% 03/15/2024

0.62 5.58
AMAZON.COM INC CORPORATE NOTES 023135BW5 115,000.00 JPM_CHA 95.74 110,104.45 (4,727.65) (4,847.14) DTD 05/12/2021 0.450% 05/12/2024

0.87 5.55

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
TEXAS INSTRUMENTS INC CORP NOTES 882508BB9 300,000.00 CITIGRP 03/15/24 97.61 292,844.70 (11,871.30) (8,779.77) (CALLAB
DTD 05/04/2017 2.625% 05/15/2024

0.70 5.45
WALMART INC CORPORATE NOTES 931142EL3 360,000.00 CITIGRP 06/08/24 97.50 351,002.88 (20,232.72) (11,146.48) DTD 04/23/2019 2.850% 07/08/2024

0.92 5.39
JPMORGAN CHASE & CO CORPORATE 46647PBS4 115,000.00 JPM_CHA 09/16/23 98.83 113,659.91 (1,340.09) (1,340.09)

NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024

0.21 1.63
BANK OF AMERICA CORP (CALLABLE) 06051GJH3 150,000.00 MERRILL 10/24/23 98.30 147,452.25 (2,547.75) (2,547.75)

CORPORAT
DTD 10/21/2020 0.810% 10/24/2024

0.32 2.12
JOHN DEERE CAPITAL CORP CORPORATE 24422EVY2 190,000.00 STIFEL 94.11 178,812.04 (6,388.56) (8,600.82) NOTES
DTD 01/10/2022 1.250% 01/10/2025

1.51 5.31
MICROSOFT CORP (CALLABLE) NOTES 594918BB9 190,000.00 GOLDMAN 11/12/24 96.36 183,079.63 (19,842.27) (11,756.41) DTD 02/12/2015 2.700% 02/12/2025

1.34 5.07
TOYOTA MOTOR CREDIT CORP CORP 89236TGT6 60,000.00 CITIGRP 94.70 56,818.38 (3,767.82) (3,383.25) NOTES
DTD 02/13/2020 1.800% 02/13/2025

1.59 5.26
TOYOTA MOTOR CREDIT CORP CORP 89236TGT6 90,000.00 CITIGRP 94.70 85,227.57 (5,651.73) (5,074.88) NOTES
DTD 02/13/2020 1.800% 02/13/2025

1.59 5.26
NOVARTIS CAPITAL CORP 66989HAP3 295,000.00 HILLTOP 01/14/25 94.82 279,733.46 (25,771.49) (18,721.15) DTD 02/14/2020 1.750% 02/14/2025

1.51 5.11
AMAZON.COM INC CORPORATE NOTES 023135CE4 245,000.00 JPM_CHA 96.39 236,167.51 (8,442.94) (8,600.75) DTD 04/13/2022 3.000% 04/13/2025

1.74 5.14
CITIGROUP INC (CALLABLE) CORPORATE 172967MX6 50,000.00 CITIGRP 05/01/24 95.70 47,851.00 (2,149.00) (2,149.00) NOTES
DTD 05/04/2021 0.981% 05/01/2025

0.83 3.42
CITIGROUP INC (CALLABLE) CORPORATE 172967MX6 55,000.00 GOLDMAN 05/01/24 95.70 52,636.10 (2,509.65) (2,404.57) NOTES
DTD 05/04/2021 0.981% 05/01/2025

0.83 3.42

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
GOLDMAN SACHS GROUP INC CORPORATE 38148LAE6 135,000.00 MORGAN_ 02/22/25 96.55 130,346.28 (20,473.02) (11,149.78) NOTES
DTD 05/22/2015 3.750% 05/22/2025

1.60 5.69
JPMORGAN CHASE & CO (CALLABLE) CORP 46647PCH7 115,000.00 JPM_CHA 06/01/24 95.03 109,278.98 (5,721.02) (5,721.02) NOTE
DTD 06/01/2021 0.824% 06/01/2025

0.92 3.53
JPMORGAN CHASE & CO CORP NOTES 46647PCM6 50,000.00 JPM_CHA 08/09/24 94.16 47,078.60 (2,921.40) (2,921.40) (CALLABLE
DTD 08/10/2021 0.768% 08/09/2025

1.10 3.67
BRISTOL-MYERS SQUIBB CO CORPORATE 110122DN5 72,000.00 CITIGRP 10/13/25 90.70 65,305.44 (5,977.44) (6,307.87) NOTES
DTD 11/13/2020 0.750% 11/13/2025

2.27 4.96
BANK OF AMERICA CORP NOTES 06051GKM0 220,000.00 MERRILL 04/02/25 95.83 210,816.32 (9,183.68) (9,183.68) (CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026

1.71 5.02
TARGET CORP CORP NOTES (CALLABLE) 87612EBM7 25,000.00 CITIGRP 12/15/26 91.50 22,875.65 (2,081.85) (2,094.08) DTD 01/24/2022 1.950% 01/15/2027

3.32 4.58
TARGET CORP CORP NOTES (CALLABLE) 87612EBM7 125,000.00 BARCLAY 12/15/26 91.50 114,378.25 (10,545.50) (10,567.24) DTD 01/24/2022 1.950% 01/15/2027

3.32 4.58
BANK OF NY MELLON CORP (CALLABLE) 06406RBA4 200,000.00 JPM_CHA 12/26/26 89.88 179,754.80 (20,889.20) (20,702.79) CORPOR
DTD 01/26/2022 2.050% 01/26/2027

3.34 5.19
BANK OF NY MELLON CORP (CALLABLE) 06406RBA4 300,000.00 GOLDMAN 12/26/26 89.88 269,632.20 (10,525.80) (14,540.29) CORPOR
DTD 01/26/2022 2.050% 01/26/2027

3.34 5.19
ADOBE INC (CALLABLE) CORP NOTE 00724PAC3 360,000.00 CSFB 12/01/26 91.82 330,551.64 (1,764.36) (5,396.85) DTD 02/03/2020 2.150% 02/01/2027

3.28 4.65
JPMORGAN CHASE CORP NOTES 46647PCB0 260,000.00 MORGAN_ 04/22/26 89.85 233,617.02 (1,555.58) (6,327.86) (CALLABLE)
DTD 04/22/2021 1.578% 04/22/2027

2.75 4.50
HOME DEPOT INC CORP NOTES 437076BT8 350,000.00 CITIGRP 06/14/27 92.99 325,461.15 (4,795.35) (6,605.07) (CALLABLE)
DTD 09/14/2017 2.800% 09/14/2027

3.73 4.65

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Security Type Sub-Total 4,687,000.00 4,429,794.77 (219,514.61) (195,966.62) 1.87 4.83 Certificate of Deposit
TORONTO DOMINION BANK NY CERT 89115B6F2 325,000.00 TD 99.94 324,790.38 (209.62) (209.62) DEPOS
DTD 10/31/2022 5.470% 10/25/2024

1.27 5.45
Security Type Sub-Total 325,000.00 324,790.38 (209.62) (209.62) 1.27 5.45 Asset-Backed Security
HAROT 2020-1 A3 43813RAC1 1,064.85 JPM_CHAS 99.83 1,063.08 (1.56) (1.73) DTD 02/26/2020 1.610% 04/22/2024

0.07 1.82
CARMX 2020-1 A3 14315XAC2 10,920.24 MERRILL 99.54 10,869.62 (48.47) (49.98) DTD 01/22/2020 1.890% 12/16/2024

0.15 2.21
HAROT 2021-1 A3 43813GAC5 22,237.68 JPM_CHA 97.62 21,708.31 (528.96) (529.19) DTD 02/24/2021 0.270% 04/21/2025

0.43 1.61
HART 2021-A A3 44933LAC7 26,635.09 BARCLAY 97.44 25,954.33 (677.96) (679.35) DTD 04/28/2021 0.380% 09/15/2025

0.50 1.56
CARMX 2021-1 A3 14316NAC3 14,760.46 MITSU 97.11 14,333.27 (424.27) (425.72) DTD 01/27/2021 0.340% 12/15/2025

0.55 1.54
TAOT 2021-C A3 89239BAC5 63,949.19 BARCLAY 96.33 61,599.54 (2,344.56) (2,346.64) DTD 09/27/2021 0.430% 01/15/2026

0.70 1.91
CARMX 2021-2 A3 14314QAC8 42,988.33 MERRILL 96.48 41,476.50 (1,502.57) (1,506.78) DTD 04/21/2021 0.520% 02/17/2026

0.62 1.89
HART 2021-C A3 44935FAD6 35,000.00 SMBC 96.12 33,640.63 (1,351.56) (1,354.37) DTD 11/17/2021 0.740% 05/15/2026

0.81 2.13
DCENT 2021-A1 A1 254683CP8 55,000.00 CITIGRP 94.10 51,755.27 (3,232.95) (3,237.12) DTD 09/27/2021 0.580% 09/15/2026

1.18 2.50
Security Type Sub-Total 272,555.84 262,400.55 (10,112.86) (10,130.88) 0.72 1.98 Managed Account Sub-Total 35,821,539.50 33,252,126.49 (1,499,212.54) (1,666,986.99) 2.37 4.76

Item 17.

Managed Account Fair Market Value & Analytics For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Total Investments $33,394,882.18
$142,755.69
$33,252,126.49
Accrued Interest
Securities Sub-Total $35,821,539.50 ($1,499,212.54) ($1,666,986.99) 2.37 4.76%

Item 17.

Managed Account Security Transactions & Interest For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
06/02/23 US TREASURY N/B NOTES
DTD 05/31/2023 3.625% 05/31/2028
06/01/23 91282CHE4 740,000.00 (737,051.56) (146.58) (737,198.14) Transaction Type Sub-Total 740,000.00 (737,051.56) (146.58) (737,198.14)

INTEREST
06/01/23 06/01/23 MONEY MARKET FUND MONEY0002 0.00 0.00 257.20 257.20 06/01/23 JPMORGAN CHASE & CO (CALLABLE)

CORP NOTE
DTD 06/01/2021 0.824% 06/01/2025
06/01/23 46647PCH7 115,000.00 0.00 473.80 473.80
06/25/23 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
06/01/23 3136AJB54 55,096.55 0.00 153.62 153.62
06/25/23 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
06/01/23 3137BGK24 110,000.00 0.00 280.68 280.68
06/25/23 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
06/01/23 3137BTUM1 240,000.00 0.00 669.40 669.40
06/08/23 FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
06/08/23 3130A0F70 190,000.00 0.00 3,206.25 3,206.25
06/15/23 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
06/15/23 89239BAC5 68,286.55 0.00 24.47 24.47
06/15/23 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
06/15/23 254683CP8 55,000.00 0.00 26.58 26.58
06/15/23 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
06/15/23 14315XAC2 14,444.46 0.00 22.75 22.75
06/15/23 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
06/15/23 89232HAC9 457.90 0.00 0.63 0.63
06/15/23 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
06/15/23 14314QAC8 46,169.81 0.00 20.01 20.01
06/15/23 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
06/15/23 14316NAC3 16,010.03 0.00 4.54 4.54
06/15/23 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
06/15/23 44933LAC7 29,127.57 0.00 9.22 9.22
06/15/23 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
06/15/23 44935FAD6 35,000.00 0.00 21.58 21.58

Item 17.

Managed Account Security Transactions & Interest For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method

INTEREST
06/17/23 FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
06/17/23 3135G04Z3 705,000.00 0.00 1,762.50 1,762.50
06/21/23 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
06/21/23 43813RAC1 4,662.11 0.00 6.26 6.26
06/21/23 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
06/21/23 43813GAC5 24,865.01 0.00 5.59 5.59
06/30/23 US TREASURY NOTES
DTD 12/31/2018 2.625% 12/31/2023
06/30/23 9128285U0 70,000.00 0.00 918.75 918.75
06/30/23 US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
06/30/23 91282CBC4 540,000.00 0.00 1,012.50 1,012.50
Transaction Type Sub-Total 2,319,119.99 0.00 8,876.33 8,876.33

PAYDOWNS
06/25/23 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
06/01/23 3136AJB54 18,112.89 18,112.89 0.00 18,112.89 (880.18) 0.00 06/15/23 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
06/15/23 44933LAC7 2,492.48 2,492.48 0.00 2,492.48 0.26 0.00 06/15/23 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
06/15/23 14315XAC2 3,524.22 3,524.22 0.00 3,524.22 0.69 0.00 06/15/23 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
06/15/23 14314QAC8 3,181.48 3,181.48 0.00 3,181.48 0.69 0.00 06/15/23 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
06/15/23 89232HAC9 457.90 457.90 0.00 457.90 0.03 0.00
06/15/23 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
06/15/23 14316NAC3 1,249.57 1,249.57 0.00 1,249.57 0.25 0.00 06/15/23 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
06/15/23 89239BAC5 4,337.36 4,337.36 0.00 4,337.36 0.35 0.00 06/21/23 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
06/21/23 43813GAC5 2,627.33 2,627.33 0.00 2,627.33 0.05 0.00 06/21/23 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
06/21/23 43813RAC1 3,597.26 3,597.26 0.00 3,597.26 0.70 0.00 Transaction Type Sub-Total 39,580.49 39,580.49 0.00 39,580.49 (877.16) 0.00

Item 17.

Managed Account Security Transactions & Interest For the Month Ending June 30, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
SELL
06/02/23 US TREASURY N/B NOTES
DTD 05/31/2022 2.500% 05/31/2024
06/01/23 91282CER8 600,000.00 584,578.13 81.97 584,660.10 (11,882.81) (13,565.65) FIFO Transaction Type Sub-Total 600,000.00 584,578.13 81.97 584,660.10 (11,882.81) (13,565.65) Managed Account Sub-Total (112,892.94) 8,811.72 (104,081.22) (12,759.97) (13,565.65) Total Security Transactions ($112,892.94) $8,811.72 ($104,081.22) ($12,759.97) ($13,565.65)

Item 17.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: William Pattison, Interim Finance Director
SUBJECT: Investment Report – May and June, 2023
STAFF RECOMMENDATION:

Staff recommends that the City Council receive and file the investment report for May and June of 2023.

EXECUTIVE SUMMARY:

On June 28, 2023, the City of Coachella along with its component units (Sanitary District, Educational & Governmental Access Cable Corporation, Fire Protection District and Water Authority) approved and adopted the current “Statement of Investment Policy”.

Pursuant to Section 16 of that policy, the City Treasurer shall provide to the City Council a monthly investment report which provides a clear picture of the status of the current investment portfolio.

This report shall include, at a minimum, the following information for each type of investment held in the City’s investment portfolio: the issuer; amount of investment; current market value; yield on investment; income generated from investments; dollar amount invested on all securities, investments and moneys held by the local agency; and shall additionally include a description of any of the local agency’s funds, investments, or programs; and a description of unusual investment activity or developments during the month for which the report is prepared. This information shall be provided for all City and component unit pooled investments, as well as for bond accounts, which are managed by outside Fiscal Agents.

The interest rates presented are the most current rates available as of the date of these reports. The market values presented for pooled City investments are based on closing prices for the related investments as of the date of these reports. This information was obtained from the Wall Street Journal or other reliable sources of market prices.

The Market values presented for investments managed by fiscal agents are based on amounts reported by the fiscal agent on their investment statements. The purchase date and type of investment are not included for funds held by fiscal agents.

Item 17.

Attached is the Treasurer’s Report of Investments which includes an overview on investments which provides information on investment activity, withdrawals and deposits, interest earned, payment of interest and payment of principal as of the months ended May 31 and June 30, 2023.

In addition, this report includes detailed information and current activity on individual investments.

All City investments are in compliance with the guidelines established for Authorized Investments as specified in the Investment Policy, Section 8.

There was no unusual investment activity to report.

The City and Districts have sufficient moneys to meet their expenditure requirements for the next six months.

FISCAL IMPACT:

None, this report is receive and file only.

Item 17.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Lizzandro Diaz, Building Official
SUBJECT: Authorize the City Manager to Execute Professional Services Agreements with Willdan, Interwest, and 4 Leaf, Inc. for Building Department Services.

STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreements with Willdan, Interwest, and 4 Leaf, Inc. for Building Department Services.

BACKGROUND:

On March 01, 2023, an advertisement for a Request for Proposals (RFP) was released by the Building and Safety Department. The objective of this RFP was to procure Professional Building Department Services for tasks such as plan check review, inspection services, and providing necessary assistance to the building department staff. In response to this RFP, the city staff received seven proposals. These were assessed based on a variety of factors like approach, cost, qualifications, and staffing. Following the evaluations, the city staff chose the three consultants with the highest scores Willdan, Interwest, and 4 Leaf, Inc. to be awarded contracts for providing services as needed.

DISCUSSION/ANALYSIS:

Attached to this staff report are Professional Services Agreements for Willdan, Interwest, and 4 Leaf, Inc. to provide professional building services for a term of three years until 2026. All consultants will provide assistance with plan check review, inspection services, and provide assistance to the Building and Safety Division as needed.

ALTERNATIVES:

1. Authorize the City Manager to execute Professional Services Agreements with Willdan, Interwest, and 4 Leaf, Inc.

2. Continue this item and provide staff direction.

Item 18.

FISCAL IMPACT:

The fiscal impact of this action cannot be directly determined. Building Department services from the building consultants will be secured on an as needed basis based on the fee schedule provided in the PSA.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as noted above.

Attachment:

1. Professional Services Agreement (PSA) with Willdan

2. Professional Services Agreement (PSA) with Interwest

3. Professional Services Agreement (PSA) with 4 Leaf, Inc.

Item 18.

BB&K (2021)
80237.00000\34369633.1
-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

FOR BUILDING

DEPARTMENT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of September, 2023, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and Willdan with its principal place of business at 650 E. Hospitality Lane, Suite 400, San Bernardino, CA 92408 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing building department services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Professional Building Department Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional building department consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, stateand federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 14, 2023 to September 14, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

Item 18.

BB&K (2021)
80237.00000\34369633.1
-2- PROFESSIONAL SERVICES AGREEMENT
in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in thisAgreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of thisAgreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

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

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding,

Item 18.

BB&K (2021)
80237.00000\34369633.1
-3- PROFESSIONAL SERVICES AGREEMENT
unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

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

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Patrick Johnson, Project Manager.

3.3.5 City's Representative. The City hereby designates Lizzandro Diaz, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Patrick Johnson, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants

Item 18.

BB&K (2021)
80237.00000\34369633.1
-4- PROFESSIONAL SERVICES AGREEMENT
shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, orany employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes andother organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

Item 18.

BB&K (2021)
80237.00000\34369633.1
-5- PROFESSIONAL SERVICES AGREEMENT

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and

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regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has securedall insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of theAgreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its

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officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

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3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

Consultant: Willdan
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
ATTN: Patrick Johnson, Project Manager
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Lizzandro Diaz, Building Official
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the

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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,

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in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

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

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except

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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

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

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

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

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

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

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

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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration ortermination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF COACHELLA AND WILLDAN
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA WILLDAN
By:

Its:

Printed Name:

Approved By:

Gabriel Martin
City Manager
Approved as to Form:

Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

Item 18.

BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
EXHIBIT "A"

SCOPE OF SERVICES
Provide building and safety services based on the California Building, Electrical, Plumbing and Mechanical Codes, and the California Energy Standards, as adopted by the City of Coachella Municipal Code (Title 15), as well as other applicable City ordinances, including:
• Plan check
• Back-up building inspection and building department staff (as needed) The following Scope of Services represents the services and responsibilities the successful Proposer (“Consultant”) will be expected to provide and perform.

A. Plan Check: Review building and development plans for conformance with the California Building, Electrical, Plumbing and Mechanical Codes (the “Codes”), the California Energy Standards, City ordinances and other requirements as set by City Departments, as well as arranging for reviews by other responsible agencies, as appropriate. Types of proposed plan check work may include new construction (residential and commercial), remodel, additions, green building, ADA, California Accessibility Specialist Program (“CASP”), Leadership in Energy and Environmental Design (“LEED”), onsite wastewater treatment systems (“OWTS”) and public nuisance abatement.

Consultant must be able to perform electronic plan review.

Unless there are exceptional circumstances, Consultant will be asked to complete their first plan check of residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan checks within five (5) calendar days of receipt of the re-submittal. Consultant shall provide all plan check comments in typed format for all initial and subsequent plan reviews.

Plan review letter comments shall be specific, detailed, complete, and reference plan sheet numbers and code sections where applicable.

B. Inspection: The City has one full-time building inspector. This service shall be provided on an as-needed basis when staffing and/or workload constraints exist. Upon request, the Consultant shall provide field inspections during the course of construction, pursuant to applicable Codes. Standard City operating procedures is that inspections are made by the next working day following a request made by 4:00 PM on the preceding day. City permit technicians will provide appointments for field inspections within a specified time frame on the day of the inspection.

C. As-Needed Support: Provide as-needed staffing support, when requested. As needed staff support may include, among other things, the following, building official, permit technician, and supplemental inspection services as required to appropriately respond to emergencies or natural disasters.

D. Coordination: Coordinate staffing and workload with the Building Official and/or the Director of Community Development or his or her designee, and provide appropriate information to the public.

E. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public, as necessary for the execution of plan check services or as required by the Building Official and/or the Director of Community Development or his or her designee.

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BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
F. Records: Maintain all original Building and Safety records and files at City Hall.

G. Training & Certification: Provide periodic technical training to keep Consultant’s staff upto-date on the latest codes and building techniques. Provide to, and receive from, the Community Development Department’s staff appropriate training to coordinate the functions of the Department and the Consultant. Plan review and inspection staff shall have obtained and must maintain current ICC certifications. Consultant shall also employ sufficient number of certified CASP disabled access specialist pursuant to the requirements of S.B.1608.

H. Availability to the Public: The Consultant understands that building and safety personnel must be available to provide information about the status of active plan check applications and/or permits and to answer general questions from the public at the counter or over the telephone during City Hall business hours when requested to do so by City staff. Such public availability will be provided by either the City or Consultant’s personnel using schedules established by the City’s Building Official that optimize service to the public.

I. Vehicles and equipment: Provide all vehicles and equipment necessary to properly perform the services and duties required.

J. Certified Personnel: Consultant’s employees who perform services for the City pursuant to this Agreement must be ICC certified and state licensed P.E. plan check engineer(s) and ICC certified building inspector(s) including having the availability of CASP certified access specialists on an as needed basis.

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BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
,
Task Order No.

EXHIBIT "B"

SAMPLE TASK ORDER FORM
Agreement: Building Department Services
Consultant: Willdan
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $
Completion Date:
.00
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF COACHELLA WILLDAN
Dated: Dated:

By: By:

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BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
EXHIBIT "C"

COMPENSATION

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CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

FOR BUILDING

DEPARTMENT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of September, 2023, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and Interwest with its principal place of business at 1500 S. Haven Ave., Suite 200 Ontario, CA 91761 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing building department services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Professional Building Department Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional building department consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, stateand federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 14, 2023 to September 14, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

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in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in thisAgreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of thisAgreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

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

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding,

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unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

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

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Paul Meschino, President.

3.3.5 City's Representative. The City hereby designates Lizzandro Diaz, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Paul Meschino, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants

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shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, orany employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes andother organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and

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regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has securedall insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of theAgreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its

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officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

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3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

Consultant: Interwest
1500 S. Haven Ave., Suite 200
Ontario, CA 91761
ATTN: Paul Meschino, President
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Lizzandro Diaz, Building Official
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the

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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,

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in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

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

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except

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as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

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

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

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

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

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

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

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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration ortermination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict betweendocuments:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF COACHELLA AND WILLDAN
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA INTERWEST
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Gabriel Martin
City Manager
Approved as to Form:

Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

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BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
EXHIBIT "A"

SCOPE OF SERVICES
Provide building and safety services based on the California Building, Electrical, Plumbing and Mechanical Codes, and the California Energy Standards, as adopted by the City of Coachella Municipal Code (Title 15), as well as other applicable City ordinances, including:
• Plan check
• Back-up building inspection and building department staff (as needed) The following Scope of Services represents the services and responsibilities the successful Proposer (“Consultant”) will be expected to provide and perform.

A. Plan Check: Review building and development plans for conformance with the California Building, Electrical, Plumbing and Mechanical Codes (the “Codes”), the California Energy Standards, City ordinances and other requirements as set by City Departments, as well as arranging for reviews by other responsible agencies, as appropriate. Types of proposed plan check work may include new construction (residential and commercial), remodel, additions, green building, ADA, California Accessibility Specialist Program (“CASP”), Leadership in Energy and Environmental Design (“LEED”), onsite wastewater treatment systems (“OWTS”) and public nuisance abatement.

Consultant must be able to perform electronic plan review.

Unless there are exceptional circumstances, Consultant will be asked to complete their first plan check of residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan checks within five (5) calendar days of receipt of the re-submittal. Consultant shall provide all plan check comments in typed format for all initial and subsequent plan reviews.

Plan review letter comments shall be specific, detailed, complete, and reference plan sheet numbers and code sections where applicable.

B. Inspection: The City has one full-time building inspector. This service shall be provided on an as-needed basis when staffing and/or workload constraints exist. Upon request, the Consultant shall provide field inspections during the course of construction, pursuant to applicable Codes.

Standard City operating procedures is that inspections are made by the next working day following a request made by 4:00 PM on the preceding day. City permit technicians will provide appointments for field inspections within a specified time frame on the day of the inspection.

C. As-Needed Support: Provide as-needed staffing support, when requested. As needed staff support may include, among other things, the following, building official, permit technician, and supplemental inspection services as required to appropriately respond to emergencies or natural disasters.

D. Coordination: Coordinate staffing and workload with the Building Official and/or the Director of Community Development or his or her designee, and provide appropriate information to the public.

E. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public, as necessary for the execution of plan check services or as required by the Building Official and/or the Director of Community Development or his or her designee.

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BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
F. Records: Maintain all original Building and Safety records and files at City Hall.

G. Training & Certification: Provide periodic technical training to keep Consultant’s staff up-todate on the latest codes and building techniques. Provide to, and receive from, the Community Development Department’s staff appropriate training to coordinate the functions of the Department and the Consultant. Plan review and inspection staff shall have obtained and must maintain current ICC certifications. Consultant shall also employ sufficient number of certified CASP disabled access specialist pursuant to the requirements of S.B.1608.

H. Availability to the Public: The Consultant understands that building and safety personnel must be available to provide information about the status of active plan check applications and/or permits and to answer general questions from the public at the counter or over the telephone during City Hall business hours when requested to do so by City staff. Such public availability will be provided by either the City or Consultant’s personnel using schedules established by the City’s Building Official that optimize service to the public.

I. Vehicles and equipment: Provide all vehicles and equipment necessary to properly perform the services and duties required.

J. Certified Personnel: Consultant’s employees who perform services for the City pursuant to this Agreement must be ICC certified and state licensed P.E. plan check engineer(s) and ICC certified building inspector(s) including having the availability of CASP certified access specialists on an as needed basis.

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BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
Task Order No.

EXHIBIT "B"

SAMPLE TASK ORDER FORM
Agreement: Building Department Services
Consultant: Interwest
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $
Completion Date:

The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF COACHELLA INTERWEST
Dated: Dated:

By: By:

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BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
EXHIBIT "C"

COMPENSATION

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CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

FOR BUILDING

DEPARTMENT SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of September, 2023, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and 4 Leaf Inc. with its principal place of business at 424 E Vanderbilt Way, Suite A, San Bernardino, CA 92408 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing building department services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Professional Building Department Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional building department consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, stateand federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 14, 2023 to September 14, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

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in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in thisAgreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of thisAgreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

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

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding,

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unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.

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

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Marcus Johnson, Project Manager.

3.3.5 City's Representative. The City hereby designates Lizzandro Diaz, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Marcus Johnson, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants

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shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, orany employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes andother organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

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3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act(33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and

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regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has securedall insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

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3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of theAgreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its

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officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

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3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

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3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

Consultant: 4 Leaf, Inc.
424 E Vanderbilt Way, Suite A
San Bernardino, CA 92408
ATTN: Marcus Johnson, Project Manager
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Lizzandro Diaz, Building Official
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the

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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,

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in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

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

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except

Item 18.

BB&K (2021)
80237.00000\34369633.1
-15- PROFESSIONAL SERVICES AGREEMENT
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

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

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

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

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

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

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

Item 18.

BB&K (2021)
80237.00000\34369633.1
-16- PROFESSIONAL SERVICES AGREEMENT

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration ortermination.

3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.7.22.1 Amendment(s)

3.7.22.2 This Agreement

3.7.22.3 Task Orders
[SIGNATURES ON NEXT PAGE]

Item 18.

BB&K (2021)
80237.00000\34369633.1
-17- PROFESSIONAL SERVICES AGREEMENT

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

SERVICES BETWEEN THE CITY OF COACHELLA AND WILLDAN
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF COACHELLA 4 LEAF, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Gabriel Martin
City Manager
Approved as to Form:

Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk

Item 18.

BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
EXHIBIT "A"

SCOPE OF SERVICES
Provide building and safety services based on the California Building, Electrical, Plumbing and Mechanical Codes, and the California Energy Standards, as adopted by the City of Coachella Municipal Code (Title 15), as well as other applicable City ordinances, including:
• Plan check
• Back-up building inspection and building department staff (as needed) The following Scope of Services represents the services and responsibilities the successful Proposer (“Consultant”) will be expected to provide and perform.

A. Plan Check: Review building and development plans for conformance with the California Building, Electrical, Plumbing and Mechanical Codes (the “Codes”), the California Energy Standards, City ordinances and other requirements as set by City Departments, as well as arranging for reviews by other responsible agencies, as appropriate. Types of proposed plan check work may include new construction (residential and commercial), remodel, additions, green building, ADA, California Accessibility Specialist Program (“CASP”), Leadership in Energy and Environmental Design (“LEED”), onsite wastewater treatment systems (“OWTS”) and public nuisance abatement.

Consultant must be able to perform electronic plan review.

Unless there are exceptional circumstances, Consultant will be asked to complete their first plan check of residential construction within ten (10) calendar days of receipt of the submittal and subsequent plan checks within five (5) calendar days of receipt of the re-submittal. Consultant shall provide all plan check comments in typed format for all initial and subsequent plan reviews.

Plan review letter comments shall be specific, detailed, complete, and reference plan sheet numbers and code sections where applicable.

B. Inspection: The City has one full-time building inspector. This service shall be provided on an as-needed basis when staffing and/or workload constraints exist. Upon request, the Consultant shall provide field inspections during the course of construction, pursuant to applicable Codes.

Standard City operating procedures is that inspections are made by the next working day following a request made by 4:00 PM on the preceding day. City permit technicians will provide appointments for field inspections within a specified time frame on the day of the inspection.

C. As-Needed Support: Provide as-needed staffing support, when requested. As needed staff support may include, among other things, the following, building official, permit technician, and supplemental inspection services as required to appropriately respond to emergencies or natural disasters.

D. Coordination: Coordinate staffing and workload with the Building Official and/or the Director of Community Development or his or her designee, and provide appropriate information to the public.

E. Meetings: Attend meetings with City staff, City officials, developers, contractors, and the general public, as necessary for the execution of plan check services or as required by the Building Official and/or the Director of Community Development or his or her designee.

Item 18.

BB&K (2021) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
F. Records: Maintain all original Building and Safety records and files at City Hall.

G. Training & Certification: Provide periodic technical training to keep Consultant’s staff up-todate on the latest codes and building techniques. Provide to, and receive from, the Community Development Department’s staff appropriate training to coordinate the functions of the Department and the Consultant. Plan review and inspection staff shall have obtained and must maintain current ICC certifications. Consultant shall also employ sufficient number of certified CASP disabled access specialist pursuant to the requirements of S.B.1608.

H. Availability to the Public: The Consultant understands that building and safety personnel must be available to provide information about the status of active plan check applications and/or permits and to answer general questions from the public at the counter or over the telephone during City Hall business hours when requested to do so by City staff. Such public availability will be provided by either the City or Consultant’s personnel using schedules established by the City’s Building Official that optimize service to the public.

I. Vehicles and equipment: Provide all vehicles and equipment necessary to properly perform the services and duties required.

J. Certified Personnel: Consultant’s employees who perform services for the City pursuant to this Agreement must be ICC certified and state licensed P.E. plan check engineer(s) and ICC certified building inspector(s) including having the availability of CASP certified access specialists on an as needed basis.

Item 18.

BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
,
Task Order No.

EXHIBIT "B"

SAMPLE TASK ORDER FORM
Agreement: Building Department Services
Consultant: 4 Leaf, Inc.

The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $
Completion Date:
.00
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF COACHELLA 4 LEAF, INC.

Dated: Dated:

By: By:

Item 18.

BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL 80237.00000\34369633.1
EXHIBIT "C"

COMPENSATION

Item 18.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award Amendment No. 1 to construction agreement with WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122, in the amount not to exceed $150,000.

STAFF RECOMMENDATION:

Award Amendment No. 1 to construction agreement with WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122, in the amount not to exceed $150,000.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for on-call striping services for fiscal years 2023-2026. This RFP closed on October 4, 2022 at 2pm. The City received one responsive and responsible proposal from WGH Enterprises Inc. and the City awarded the RFP to WGH Enterprises Inc. During the 2022-2023 fiscal year, the awarded contract restriped Cesar Chavez Street and sections of Grapefruit Boulevard.

The awarded RFP was for a one-year period with the option to extend for up to three additional one-year periods. Staff is requesting award of the attached Amendment No. 1 for the approved and budgeted amount for fiscal year 2023-24 of $150,000; staff is also recommending the extension of the contract term for one additional one-year period. Based on unit pricing provided staff will prioritize striping work needed on major arterials for fiscal year 2023/2024.

FISCAL IMPACT:

The recommended action will not have a fiscal impact.

Attachments:

Proposed Agreement

Item 19.

CONTRACTOR AGREEMENT – AMENDMENT NO 1
This Contract for Construction (“Contract”), is made and entered into this 13th day of September, 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 WGJ Enterprises Inc., dba PCI, 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:

FY 2023-26 On-Call Striping Contract
CITY PROJECT NO. 083122
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 Amended Agreement shall commence on the 1 st day of November 2022, and
shall terminate on the 31st day of January 2024, unless terminated earlier as set forth herein.

This Agreement may be mutually extended for up to three additional one-year terms, through fiscal year 2025/2026, upon satisfactory performance of all aspects of this Agreement. The City may submit written notice that the Agreement is to be extended at the same terms and compensation as the existing Agreement.

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 Twenty Thousand Dollars ($120,000.00) for FY 2022-2023 and One-Hundred Fifty Thousand Dollar ($150,000.00) for FY 2023-24.. 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.

Item 19.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time (per approved Project Schedule). Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every 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

Item 19.

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.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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

ARTICLE 7. INDEMNIFICATION.

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

ARTICLE 8. PREVAILING WAGES.

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

ARTICLE 9. FALSE CLAIMS.

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

Item 19.

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:

Andrea Carranza, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
WGJ ENTERPRISES INC., DBA PCI
By:

Its:

Printed
Name:

By:

Its:

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

Item 19.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize The City of Coachella’s Tacos, Tequila and Chavelas Festival beer garden operation on October 21, 2023 at Veterans Memorial Park from 4pm to 8pm.

STAFF RECOMMENDATION:

Authorize The City of Coachella’s Tacos, Tequila and Chavelas Festival beer garden operation on October 21, 2023 at Veterans Memorial Park from 4pm to 8pm.

EXECUTIVE SUMMARY:

The City of Coachella’s Tacos Tequila and Chavelas Festival has been an event focused on celebrating Coachella’s culinary talents and supporting its local eateries. In partnership with the Greater Coachella Chamber of Commerce (Chamber), the City developed and launched this event in 2017. The 2023 event is recommended to take place on Saturday, October 21, 2023 from 4pm to 8pm at Veterans Memorial Park.

Staff is working with the Chamber to secure a total of ten to twelve taco vendors for 2023. The 2023 ticket sales will be $30.00 for taco tasting and $35.00 for taco tasting with one chavela/tequila tasting. All participating restaurants will be provided a $500-$750 stipend to aid participants in paying for their food costs and all will compete for 1st, 2 nd and 3rd place cash prizes of $3,000,
$2,000 and $1,000. All participants will also compete for People’s Choice Award.

In addition to the event’s food attractions, the event will include two live bands, live ballet folklorico dancing, a live dj, lawn games and a mechanical bull. The event includes a beer garden and staff is requesting authorization for the event to permit a beer garden at Veterans Memorial Park from 4pm-8pm on Saturday, October 21, 2023.

FISCAL IMPACT:

None.

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Item 21.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Sponsorship of Run With Los Muertos Event:

1. Sponsorship request from Eventscape International, Inc. for $35,000.00 for the 2023 Run With Los Muertos Event; and

2. Approval for operation of a beer garden on November 4, 2023 in Downton Sixth Street from 4pm to midnight.

STAFF RECOMMENDATION:

Sponsorship of Run With Los Muertos Event:
1) Sponsorship request from Eventscape International, Inc. for $35,000.00 for the 2023 Run With Los Muertos Event,
2) Approval for operation of a beer garden on November 4, 2023 in Downton Sixth Street from 4pm to midnight.

EXECUTIVE SUMMARY:

Staff received the attached $35,000.00 sponsorship request by Eventscape International, Inc., (Eventscape) for the 2023 Run With Los Muertos Event. This year’s event has been submitted to occur on Saturday, November 4
th. Eventscape has identified the event will include a beer garden, which is proposed to operate in Downtown Sixth Street from 4pm to midnight. This event has been a City co-sponsored event since 2013. Annually, this event has been provided city in-kind services for traffic control, public safety and funded the actual costs of all traffic control and lighting rental expenses; these hard costs total $18,000.

FISCAL IMPACT:

The requested actions will not have a negative fiscal impact.

Attachment: Sponsorship Request

Item 22.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Amendment No. 1 to Vintage Landscape to allow for repair of landscape improvements at Rancho Las Flores Park, increasing compensation of agreement by an additional $150,000.

STAFF RECOMMENDATION:

Approve Amendment No. 1 to Vintage Landscape to allow for repair of landscape improvements at Rancho Las Flores Park, increasing compensation of agreement by an additional $150,000.

EXECUTIVE SUMMARY:

Rancho Las Flores Park incurred significant damages resulting from Hurricane Hilary, on August 20, 2023. These damages include: erosion, hardscape replacement, playground area mulch replacement, irrigation repairs, plant/tree replacement, and shade structure damages. The majority of these damages can be addressed through the City’s landscape agreement with Vintage Associates Inc. Staff is requesting authorization to execute the attached Amendment No. 1 to the Landscape Maintenance Services for: Rancho Las Flores Park Project 052022, to increase total compensation by $150,000. The additional compensation will address irrigation and erosion repairs to allow the park to be reopened.

FISCAL IMPACT:

The recommended action will have a financial impact, the funds identified for this work will be undesignated general fund reserves. Staff is still moving forward in collaboration with County/ State/FEMA for recovery of these funds.

Attachments:

Proposed Amendment No. 1

Item 23.
1 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
Amendment No. 1 to the Maintenance Services Agreement
Between the City of Coachella
and
Vintage Landscape Project No. 052022

2. Parties And Date.

This Amendment No. 1 to the Maintenance Services Agreement ("Amendment No.1 ") is made and entered into this 13th day of September, 2023 by and between the City of Coachella ("City") and Vintage Landscape, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.1.

2. Recitals.

2.2 Agreement. City and Contractor entered into that certain Agreement for Landscape Maintenance Service for Rancho Las Flores Park ("Agreement"), entered into on July 13, 2022.

2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to amend the term of the Agreement as set forth in this Amendment No. 1.

3. Amendments.

3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three-hundred seven thousand four hundred ten dollars and zero cents ($307,410.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Exhibit C. Exhibit C are hereby deleted and replaced with a revised Exhibit C attached hereto.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.1.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1.

Item 23.
2 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007

3.5 Counterparts. This Amendment No.1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Amendment.No. 1 as of the date first written above.

THE CITY OF COACHELLA VINTAGE LANDSCAPE
By: _____________________________
_____________________________ By:__________________________ Dr. Gabriel D. Martin
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney

Item 23.
3 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
EXHIBIT “C”

COMPENSATION
 Original Agreement
o Total Per Month = $5,247.00
o Total Annually = $62,964.00
o Not to exceed amount total = total 2 year term plus 25% contingency  $157,410.00
o Any additional work requested will be as provided by the Contractor in the response to RFP for Project 052022.
 Per Amendment 1 (in addition to above compensation amounts) o Additional $150,000 compensation to allow for repairs incurred to RLF Park due to Hurricane Hilary
o Total Compensation NTE = $307,410.00 ($157,410 + $150,000)

Item 23.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Provide staff direction for 2023 Hometown Heroes Honorees.

STAFF RECOMMENDATION:

Provide staff direction for 2023 Hometown Heroes Honorees.

BACKGROUND:

The “Hometown Heroes” monument was created to recognize people who have contributed to the community and culture of our community. Currently, our “Hometown Heroes” include the following:
 Cesar Chavez; Civil Rights and Labor Leader
 Leonila Torres; Community Leader
 Linda Garza; Government Employee
 Elvira Acosta Murillo; Community Leader
 Severio “Cosmo” Lira Jr.; Commitment to Youth
 Raquel G. Medina; Community Volunteer
 Rich Ramirez; Educator and Mentor
 Chauncey Veatch; Educator and Mentor
 Juan Torres; Entrepreneur and Business Leader
 Joe and Maria Celia Munoz; Exceptional Citizens
 Julio Diaz, Antonio Diaz and Joel Diaz; Boxing Family Champions  Eugenia Ortiz; Community Leader and Activist
 Clementine Olloque, Maria Carmona-Marron, Maria Serrano, Maria Munoz; Community Leaders and Activists
 Organización en California de Lideres Campesinas; Leaders and Community Activists  Caballero Family, Boxing Family Champions
 Chris Romero, Exceptional Citizen
 Mary Lou Torres, Exceptional Citizen and Advocate
 Merlyn Hamner, Historian
 Joe Vega; Postmaster and Exceptional Citizen
 Lee Espinoza; Coach and Mentor
 CYSAS La Laja; Youth Sports Leaders
 Vanessa Madera; Youth Sports Leader

Item 24.
 Joe Ceja; Educator and Mentor
 Deputy David Solis; Exceptional Valor
 Mayor Yolanda R. Coba; Community Leader
 Enedina Rapan; Community Activist
 Enedina Rapan, Jesus Mota, Maria Hernandez, Prospero Montes, Jesus Sanchez; Inspirational Community Mentors
 Gabriela Fundora; Youth Sports Leader
 Citlalli Ortiz; Youth Sports Leader
 Cesar Sanchez, Entrepreneur and Business Leader
 Father Guy Wilson; Religious and Spiritual Leader
 Dr. Juan De Lara; Educator and Mentor
 Juanita Godwin; Community Leader and Youth Mentor
 Raices Cultura; Community Leader and Activists
 Rosa Lucas – Community Advocate and Activist
 Mario Lazcano; Community Leader and Activist
 Captain Frank Morales, Lieutenant Cesar Garcia, Engineer Danny Castro, Lieutenant George Torres; Coachella Volunteer Firefighters
 Clara Herrera and Clara Nieblas, Community Advocate and Activist  Rosalia Plata; Community Advocate and Activist
 Baltazar Aguirre; Exceptional Citizen and Activist
 Maria Magdalena Rodriguez; Exceptional Citizen
 Sandra Ramirez; Exceptional Citizen
 Sebastian Fundora; Exceptional Athlete
 Bonifacio De La Cruz; Battalion Chief Coachella Fire Station No. 79  ASM Eduardo Garcia; Community Advocate and Activist
 Emmanuel Martinez; Community Leader and Activist
DISCUSSION/ANALYSIS:

Annually during the City’s Tree Lighting Ceremony the City has recognized individuals / organizations as Hometown Heroes; staff recommends selecting 2 -5 recognitions per year. Staff is requesting direction for 2023 Hometown Hero nominees.

FISCAL IMPACT:

None.

Item 24.

STAFF REPORT
9/13/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
SUBJECT: Adopt Resolution No. 2023-62 Authorizing the City Manager to Submit an Application to the Strategic Growth Council for the Community Resilience Centers Implementation Grant Program in the Amount of Ten Million Dollars ($10,000,000) and Approve the Collaborative Stakeholder Structure, the Draft Partnership Agreement, and Execute All Related Grant Documents STAFF RECOMMENDATION:

Staff recommends that the City Council considers adopting Resolution No. 2023-62 authorizing the City Manager to submit an application to the Strategic Growth Council under the Community Resilience Centers (CRC) Implementation Grant Program in the amount of ten million dollars ($10,000,000) and approve the Collaborative Stakeholder Structure, the Draft Partnership Agreement, and authorize the City Manager to execute all related grant documents BACKGROUND:

Senate Bill (SB) 155 (Committee on Budget and Fiscal Review, Chapter 258, Statutes of 2021) created SGC’s CRC program with “funding…for the construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change.” Enabling statute names specific functions for resilience centers, including: hydration stations, cooling centers, clean air centers, respite centers, and community evacuation and emergency response centers. SB 155 also specifies the following conditions: funding physical infrastructure elements critical to emergency response facilities during climate or other disasters; funding to build long-term resilience; and funding CRCs for integrated delivery of services. The enabling legislation also states that CRCs should be led by partnerships of various organization types, such as Tribal governments, academia, nonprofits, local government, or small businesses. Finally, SB 155 requires SGC to ensure community-based organizations (CBOs) and local residents participate in project governance and decision-making; and for SGC to conduct a public process for guidelines development to allow for transparency and stakeholder feedback.

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DISCUSSION/ANALYSIS:

SGC’s CRC program will fund planning, development, construction, and upgrades of neighborhood-level Community Resilience Centers to provide shelter and resources during climate and other emergencies, such as extreme heat events and poor air quality days. The program will also fund ongoing year-round community services and programs, such as food distribution and workforce development training, that build overall community resilience. SGC will prioritize community-serving locations across the state, such as schools, libraries, community centers, health clinics, and places of worship. SGC’s CRC program will fund planning, pre-development, and implementation activities. A total of $84 million will be available for CRC Implementation Grants, each ranging from $1 million to $10 million. Implementation Grants will fund new construction and upgrades of facilities to serve as Community Resilience Centers, as well as services and programs that build
overall community resilience.

The City of Coachella is proposing to submit a CRC Implementation Grant application in the amount of $10 million to retrofit the Hidden Harvest building as the city’s Community Resilience Center. The City’s implementation grant application will request funds in the amount of approximately $8 million for physical infrastructure improvements that will include retrofits and new construction of facilities such as bike lanes, pedestrian paths, a roof-top solar photovoltaic system including battery back-up, shade structures, a barn and tool storage, ADA accessibility, structural system upgrades and other improvements that will help convert the facility into a Community Resilience Center with the capacity to be an emergency shelter, too.

The City’s application will also request funding in the amount of approximately $2 million to provide social infrastructure elements that include integrated delivery of services and programs to share knowledge, build networks, and strengthen capacity. The CRC will be infused with a myriad of community resilience services, programs and activities. Partners will include: GRID Alternatives Inland Empire, the Riverside County SBDC, Hidden Harvest, Arteco, Emergency Management Services, TODEC, Sarvadoya Institute, The LEAP Institute, UC San Diego Office of Innovation and Commercialization, UC Riverside, the Latino Commission, Riverside University Health, the Urban Youth Conservation Corps, and RAICES Cultura. The City’s application culminated in robust community engagement and strong collaborative stakeholder structure to ensure community-based organizations (CBOs) and local residents are meaningfully and consistently included in governance and decision-making for awarded Community Resilience Centers.

FISCAL IMPACT
Grants will be executed between SGC and the City of Coachella, who is the Lead Applicant only.

SGC will not enter into any contractual relationship with any Co-Applicants or subcontractors.

Once the grant has been executed, the Lead Applicant will be referred to as the “Grantee” and CoApplicants will be referred to as “Partners.” SGC may provide advance payments to qualifying awards to ensure effective implementation of the program. Advance payments can be up to 25% of the total grant award, spread across a series of installments between the start date identified in the grant agreement until June 30, 2025. The complete schedule, process, and reporting

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requirements for advance pay will be determined in the Grant Agreement.

Per CRC Program’s specific advance pay authority, advance payment will be limited to the service portions of awards when the Grantee is a community-based private non-profit agency, which includes but may not be limited to, community-based organizations and non- governmental organizations. Government entities, including Cities are not eligible for advance payment. All Grantees eligible for advance payment will be required to prioritize Partners that experience low cash reserves to receive advances.

SGC will retain the last 5% the overall grant budget, to be paid once the State has determined that the grant terms have been fulfilled. For reimbursement payments, Partners must invoice the Grantee before the Grantee submits an invoice to SGC. The Grantee will be responsible for compiling all invoices, supporting documentation, and reporting materials for themselves and the Partners into a single package. Once the package has been approved for payment, funds will be disbursed to the Grantee. The Grantee is responsible for disbursing payment to their Partners in accordance with their signed Partnership Agreement.

ALTERNATIVES:

1. Adopt Resolution No. 2023-62 Authorizing the City Manager to Submit an Application to the Strategic Growth Council for the Community Resilience Centers Implementation Grant Program in the Amount of Ten Million Dollars ($10,000,000) and Approve the Collaborative Stakeholder Structure, the Draft Partnership Agreement, and Execute All Related Grant Documents

2. Not Adopt Resolution No. 2023-62 Authorizing the City Manager to Submit an Application to the Strategic Growth Council for the Community Resilience Centers Implementation Grant Program in the Amount of Ten Million Dollars ($10,000,000) and Approve the Collaborative Stakeholder Structure, the Draft Partnership Agreement, and Execute All Related Grant Documents
ATTACHMENTS:

1. Resolution No. 2023-62

2. Draft Partnership Agreement

3. CRC Guidelines

Item 25.

Community Resilience Centers
(CRC) Program
Round 1 Final Program Guidelines
FY 2022-2023
April 26, 2023
Program information can be accessed at:
https://sgc.ca.gov/programs/community-resilience-centers/ To sign up to receive notices, updates, and information regarding the Community Resilience Centers Program (and other Strategic Growth Council (SGC) grant programs and initiatives), visit the SGC website and click on the “E-list” link at:
http://sgc.ca.gov/.

Item 25.

TABLE OF CONTENTS
HOW TO USE THIS DOCUMENT .............................................................................................. 1 SECTION 1: INTRODUCTION................................................................................................... 2

1.1 BACKGROUND...................................................................................................................... 2

1.2 BUDGET AND LEGISLATIVE SUMMARY ................................................................................ 3

1.3 PROGRAM SUMMARY.......................................................................................................... 4

1.4 PROGRAM VISION................................................................................................................ 5

1.5 PROGRAM APPROACH ......................................................................................................... 5

1.6 CRC GRANT TIMELINE .......................................................................................................... 7 SECTION 2: PROGRAM OVERVIEW ......................................................................................... 8

2.1 ALL GRANT TYPES ................................................................................................. 8

2.2 CORE COMPONENTS ............................................................................................ 8

2.3 PRIORITY COMMUNITIES AND PRIORITY POPULATIONS ..................................... 9

2.4 FUNDING TARGETS ............................................................................................. 11 SECTION 3: PLANNING GRANTS ........................................................................................... 13

3.1 CRC PLANNING GRANT PROGRAM OBJECTIVES .......................................................... 13

3.2 ELIGIBLE PLANNING ACTIVITIES ................................................................................... 14 SECTION 4: PROJECT DEVELOPMENT GRANTS ...................................................................... 15

4.1 CRC PROJECT DEVELOPMENT GRANT PROGRAM OBJECTIVES .................................... 15

4.2 ELIGIBLE PROJECT DEVELOPMENT ACTIVITIES ............................................................. 15 SECTION 5: IMPLEMENTATION GRANTS............................................................................... 17

5.1 CRC IMPLEMENTATION GRANT PROGRAM OBJECTIVES .............................................. 17

5.2 ELIGIBLE IMPLEMENTATION ACTIVITIES ...................................................................... 18

5.3 IMPLEMENTATION STRATEGIES ................................................................................... 18

5.4 IMPLEMENTATION PROJECT REQUIREMENTS ............................................................. 22

5.5 IMPLEMENTATION PROGRAM EVALUATION ............................................................... 27 SECTION 6: ELIGIBILITY ........................................................................................................ 29

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6.1 ELIGIBLE FACILITY TYPES .................................................................................... 29

6.2 ELIGIBLE APPLICANT TYPES ................................................................................ 30

6.3 COLLABORATIVE STAKEHOLDER STRUCTURE .................................................... 31

6.4 PLANNING AREA AND SITE IDENTIFICATION ................................................................ 33

6.5 PROJECT AREA ......................................................................................................... 34 SECTION 7: ELIGIBLE COSTS.................................................................................................. 35

7.1 ELIGIBLE AND INELIGIBLE COSTS ........................................................................ 35

7.2 COST BREAKDOWNS ........................................................................................... 36 SECTION 8: PROGRAM THRESHOLDS.................................................................................... 40

8.1 COMMUNITY ENGAGEMENT ................................................................................... 40

8.2 PARTNERSHIP AGREEMENT AND/OR MEMORANDUM OF UNDERSTANDING ....... 40

8.3 SITE-READINESS ....................................................................................................... 42

8.4 APPLICANT CAPACITY ......................................................................................... 45

8.5 LONG-TERM USE OF THE CRC FACILITY ................................................................... 47 SECTION 9: APPLICATION..................................................................................................... 48

9.1 APPLICATION TIMELINE AND PROCESSES .......................................................... 48

9.2 APPLICATION COMPONENTS ............................................................................. 50

9.3 PROGRAM THRESHOLDS .................................................................................... 53

9.4 SCORING CRITERIA ............................................................................................. 54 SECTION 10: GRANT ADMINISTRATION................................................................................ 62

10.1 FUNDING AVAILABILITY AND AWARD AMOUNT ............................................. 62

10.2 GRANT TERMS .................................................................................................. 62

10.3 GRANTEES, PARTNERS, AND SUBCONTRACTORS ............................................ 63

10.4 DISBURSEMENTS AND ACCOUNTING OF FUNDS ............................................. 63

10.5 REPORTING REQUIREMENTS ............................................................................ 65

10.6 PREVAILING WAGE REQUIREMENTS ..................................................................... 66

10.7 OWNERSHIP .......................................................................................................... 67

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10.8 PUBLICITY REQUIREMENTS .............................................................................. 68

10.9 AUDIT AND RECORD RETENTION ..................................................................... 68

10.10 PERFORMANCE ............................................................................................... 69 SECTION 11: TECHNICAL ASSISTANCE................................................................................... 70

11.1 APPLICATION TECHNICAL ASSISTANCE ............................................................ 70

11.2 IMPLEMENTATION TECHNICAL ASSISTANCE ............................................................. 71 SECTION 12: APPENDICES .................................................................................................... 73 APPENDIX A: GLOSSARY AND KEY TERMS................................................................................ 73 APPENDIX B: COLLABORATIVE STAKEHOLDER STRUCTURE..................................................... 81 APPENDIX C: COMMUNITY ENGAGEMENT.............................................................................. 83 APPENDIX D: EXAMPLES OF ELIGIBLE ACTIVITIES.................................................................... 85 APPENDIX E: SITE CONTROL..................................................................................................... 90 APPENDIX F: CAL OES FIRE AND RESCUE MUTUAL AID REGIONS............................................ 91 APPENDIX G: FACILITY CONDITION ASSESSMENTS.................................................................. 92

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Community Resilience Centers Program – Round 1 Final Guidelines April 26, 2023 Page | 1

HOW TO USE THIS DOCUMENT
These Final Guidelines govern California Strategic Growth Council’s Community Resilience Centers (CRC) Program Round 1. This document includes information on the three (3) available grant types:
• Planning Grants
• Project Development Grants
• Implementation Grants
All information in this document applies to all grant types unless specifically stated otherwise.

Please read all relevant sections.

For ease of navigation, section headers may include icons indicating the relevant grant type ( for Planning Grants, for Project Development Grants, or for Implementation Grants). In the event of a discrepancy between text and icon placement, please adhere to the text.

Sections relevant to multiple grant types will be structured as follows:

EXAMPLE HEADER
Brief introduction describing this portion of the guidelines All Grant Types
Information that applies to all grant types. All applicants must read this section.

Planning Grants
Information that only applies to Planning Grants.

Project Development Grants
Information that only applies to Project Development Grants.

Implementation Grants
Information that only applies to Implementation Grants.

Some sub-sections are omitted and/or combined as appropriate.

This document is not the only source of information on CRC requirements. The forthcoming Notice of Funding Availability (NOFA), Application, and Application Instructions contain additional requirements, pertinent information, and further resources and information for applicants. For updates, please reference the CRC program timeline on the CRC webpage.

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Community Resilience Centers Program – Round 1 Final Guidelines April 26, 2023 Page | 2
SECTION 1: INTRODUCTION

1.1 BACKGROUND
Recent and ongoing climate events and public health emergencies impact every part of California and highlight resilience opportunities for planning, preparation, and adaptation. Such impacts encompass shorter-term events like earthquakes, extreme heat, floods, mudslides, power outages and disruptions, storms, and wildfires, in addition to longer-term events like the COVID-19 pandemic, drought, rising temperatures, and sea level rise. Best available climate science projections anticipate that these climate impacts will worsen, expand, extend, and compound. In the face of these challenges, building and strengthening resilience requires investments in both physical and social infrastructure. In addition to climate resilience activities, community resilience builds ongoing social cohesion, trust, and networks.

Due to historic redlining and cycles of underinvestment, communities across California face unequal access to local resilience opportunities including: clean energy and water infrastructure, emergency response services, and public health resources. Given California’s range of geographies, biomes, diverse populations and needs, and existing infrastructure and investments, resilience will look different across the state. Robust, meaningful, culturally appropriate community engagement therefore must ensure local community priorities materialize into community-driven projects at every phase.1 Community resilience centers build upon these key concepts to strengthen community resilience in neighborhoods across California.

As a Cabinet-level interagency organization housed within the California Governor’s Office of Planning and Research, the California Strategic Growth Council (SGC) advances the State’s key policy priorities through four (4) main categories: investment programs, collaborative policy initiatives, integrated policy and planning, and capacity building and technical assistance. The newest of SGC’s investment programs is the Community Resilience Centers (CRC) Program, which builds upon SGC’s foundation and key community partnerships, in alignment with California Climate Adaptation Strategy2, Extreme Heat Action Plan3, and other statewide efforts, to build local resilience across California communities. 1 Urban Sustainability Directors Network (USDN). 2018. Resilience Hubs: Shifting Power to Communities and Increasing Community Capacity. <https://www.usdn.org/uploads/cms/documents/usdn_resiliencehubs_2018.pdf> 2 State of California. 2023. California Climate Adaptation Strategy. <https://climateresilience.ca.gov/> 3 State of California. 2022. Protecting Californians From Extreme Heat: A State Action Plan to Build Community Resilience. <https://resources.ca.gov/-/media/CNRA-Website/Files/Initiatives/Climate-Resilience/2022-FinalExtreme-Heat-Action-Plan.pdf>

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1.2 BUDGET AND LEGISLATIVE SUMMARY
The historic 2021-2022 State of California Climate Budget Package, which totaled over $15 billion to tackle wildfire and drought challenges, build more resilient communities, promote sustainable agriculture, and advance a nation-leading climate agenda, also allocated $100 million to SGC over two (2) rounds for a new Community Resilience Centers (CRC) program.

Senate Bill (SB) 155 (Committee on Budget and Fiscal Review, Chapter 258, Statutes of 2021) created SGC’s CRC program with “funding…for the construction or retrofit of facilities to serve as community resilience centers that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change.”4 Enabling statute names specific functions for resilience centers, including: hydration stations, cooling centers, clean air centers, respite centers, and community evacuation and emergency response centers. SB 155 also specifies the following conditions: funding physical infrastructure elements critical to emergency response facilities during climate or other disasters; funding to build long-term resilience; and funding CRCs for integrated delivery of services. The enabling legislation also states that CRCs should be led by partnerships of various organization types, such as Tribal governments, academia, nonprofits, local government, or small businesses. Finally, SB 155 requires SGC to ensure community-based organizations (CBOs) and local residents participate in project governance and decision-making; and for SGC to conduct a public process for guidelines development to allow for transparency and stakeholder feedback.

With the signing of Assembly Bill (AB) 179 (Ting, Chapter 249, Statutes of 2022), the Budget Act of 2022, SGC’s CRC program received additional funds as part of a $315 million General Fund package implementing California’s Extreme Heat Action Plan. This package bolstered CRC Round 1 funding from $25 million to $110 million, an $85 million increase; this package also bolstered CRC Round 2 funding from $75 million to $160 million, an additional $85 million increase.5 In total, SGC’s CRC program has $270 million allocated, including funds for program administration and staffing, technical assistance, and monitoring and evaluation. Governor Newsom’s proposed budget released January 10, 2023, proposed a partial delay of future CRC program funds, potentially creating an additional funding round; this does not impact CRC Round 1 available program funds.

The 2022-2023 Budget Change Proposal (BCP) “Addressing Extreme Heat” that informed this additional allocation of funds notes: “SGC funds will also support programs associated with building community level social infrastructure that could support better functioning resilience 4 SB 155 (Committee on Budget and Fiscal Review, Chapter 258, Statutes of 2021). <https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB155> 5 California Department of Finance. 2022. California Budget 2022-2023. p.7. <https://ebudget.ca.gov/2022- BudgetAddendum.pdf>

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Community Resilience Centers Program – Round 1 Final Guidelines April 26, 2023 Page | 4
centers.”6 The BCP commits to funding “provision of services and programming that build the community infrastructure necessary to respond quickly and effectively in times of crisis” and provides a range of examples spanning food and resource distribution, information-sharing, and workforce development trainings and opportunities. The BCP also commits SGC to: considering community-serving locations, prioritizing disadvantaged and low-income communities in both urban and rural areas, providing technical assistance for those priority communities, and providing both planning and implementation grants.

Most recently, the signing of AB 211 (Committee on Budget and Fiscal Review, Chapter 574, Statutes 2022), a public resources trailer bill, codified language for the CRC program and authorized the new program to provide advanced payment.7 AB 211 directs the CRC program to ensure Applicants demonstrate collaboration with community members; involvement with CBOs and residents in governance and decision-making; multi-stakeholder partnerships; and accessible CRCs providing eligible services and amenities year-round to community residents.

AB 211 also directs CRC staff to include the following in selecting CRC Projects: prioritization of projects in and benefitting under-resourced communities; representation of statewide geographic diversity; and minimum number of years community resilience services must be provided. AB 211 provides detail on reporting requirements to the Legislature and authorizes SGC to provide advance payment to specific entities for the CRC program.

1.3 PROGRAM SUMMARY
SGC’s CRC program will fund planning, development, construction, and upgrades of neighborhood-level Community Resilience Centers to provide shelter and resources during climate and other emergencies, such as extreme heat events and poor air quality days. The program will also fund ongoing year-round community services and programs, such as food distribution and workforce development training, that build overall community resilience. SGC will prioritize community-serving locations across the state, such as schools, libraries, community centers, health clinics, and places of worship. SGC’s CRC program will fund planning, pre-development, and implementation activities.

SGC received a $110 million General Fund appropriation in Fiscal Year (FY) 2022-2023 to implement the program through the provision of grants, staff support, and third-party technical assistance. Of the total funds, $98.6 million will be available for Round 1 grants. 6 California Department of Finance. 2022. Budget Change Proposal: Addressing Extreme Heat. p.2. <https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0540_BCP6057.pdf> 7 AB 211 (Committee on Budget and Fiscal Review, Chapter 574, Statutes 2022). <https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB211>

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Planning Grants
A total of $5 million will be available for CRC Planning Grants, each ranging from $100,000 to $500,000. Planning Grants will fund communities in initial stages of CRC Project development that need funds for plan development, community engagement, coordination, and other activities necessary to prepare for CRC Rounds 2 and 3 and other related funding streams.

Project Development Grants
A total of $9.6 million will be available for CRC Project Development Grants, each ranging from $500,000 to $5 million. Project Development Grants will fund pre-development and basic infrastructure activities that advance community-serving facilities’ capability to serve as a future Community Resilience Center and prepare grantees for CRC Rounds 2 and 3, and other related funding opportunities. CRC Project Development Grants will prioritize Applicants from Disadvantaged Unincorporated Communities, Tribal Communities, and Rural Communities.

Implementation Grants
A total of $84 million will be available for CRC Implementation Grants, each ranging from $1 million to $10 million. Implementation Grants will fund new construction and upgrades of facilities to serve as Community Resilience Centers, as well as services and programs that build overall community resilience.

SGC retains the right to make partial awards and to reallocate funds between CRC Round 1 Grant types in the event of undersubscription and/or ineligibility. (See Section 3: Planning Grants; Section 4: Project Development Grants; and Section 5:

Implementation Grants.)

1.4 PROGRAM VISION
Vision for Racial Equity
SGC is committed to achieving racial equity in its operations, investments, and policy initiatives and to achieving its vision that: All people in California live in healthy, thriving, and resilient communities regardless of race.8

1.5 PROGRAM APPROACH
SGC’s Community Resilience Centers (CRC) program intends to build both climate resilience and community resilience across California.

For the purpose of the CRC program, these terms are so defined:
8 California Strategic Growth Council. 2021. Updated Racial Equity Action Plan (2019- 2022) § (2021). <https://sgc.ca.gov/programs/healthandequity/docs/20211110-REAP.pdf>

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Climate resilience is the capacity of any entity – an individual, a community, an organization, or a natural system – to prepare for disruptions, recover from shocks and stresses, and adapt and grow from a disruptive experience. For the CRC program, climate resilience is strengthened locally through specific strategies, activities, and capacity to prepare for climate impacts including drought, extreme temperatures, floods, sea level rise, and wildfires.

Community resilience is the ability of communities to withstand, recover, and learn from adverse events (climate or otherwise) to strengthen future response and recovery efforts. Strengthening community resilience requires a broad approach and considers public health; social and economic equity and well-being of communities; connection and coordination across organizations involved in disasters preparedness, response, and recovery; and development of social cohesion and community trust. Activities that build community resilience will in turn increase resilience to climate-related impacts.

The program will fund physical infrastructure, including retrofits and new construction of facilities and accompanying campus amenities, as well as social infrastructure, including integrated delivery of services and programs to share knowledge, build networks, and strengthen capacity. The CRC program will invest in accessible community-serving facilities, expect community engagement throughout all phases, and require collaborative stakeholder structures to ensure community-based organizations (CBOs) and local residents are meaningfully and consistently included in governance and decision-making for awarded Community Resilience Centers.

CRC Projects should balance shorter-term needs and longer-term needs, equip CRC Facilities with emergency activation capabilities and plans, and include year-round delivery of services and programs that build community resilience. CRCs should also prioritize the local priority populations and most vulnerable residents and communities in their decision-making, design, and implementation. SGC intends to fund a mix of CRC Projects that span a range of: climate impacts; facility types and Lead Applicants; and geographies, including rural and urban communities, as well as incorporated and unincorporated communities.

Residents and communities defined as “vulnerable” experience heightened risk and increased sensitivity to climate change and have less capacity and fewer resources to cope with, adapt to, or recover from climate impacts. These disproportionate effects are caused by physical, social, political, and/or economic factor(s), which are exacerbated by climate impacts. Many of these challenges result from a history of inequitable land use and zoning policies, underinvestment, and lack of meaningful engagement with community residents in planning and policy decisions.

SGC recognizes that the term “vulnerable” overlooks the many assets these communities and residents possess. The CRC Program is structured to provide existing residents, businesses, and

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Community Resilience Centers Program – Round 1 Final Guidelines April 26, 2023 Page | 7
communities with the tools and resources to drive change and to ensure they can also experience the benefits of this investment.

1.6 CRC GRANT TIMELINE
The approximate timeline below is subject to change. The most up-to-date timeline and upcoming events can be found on the CRC webpage.
• April 26, 2023: CRC Program Round 1 Final Guidelines adopted by Council • May 2023: Notice of Funding Availability (NOFA) Release • May/June 2023: Public Application Workshops
• June 2023: Application Pre-Proposals due (Implementation Grants only) • September 2023: Final Applications Due
• December 14, 2023: Round 1 CRC Awards adopted by Council • Approximately 3-6 months: Post-Award Consultation Process before Implementation • Project Completion Period: Four (4) years from grant execution for Implementation Grant Projects and two (2) years from grant execution for Planning Grant and Project Development Grant Projects
• Performance Period: One (1) year after Project completion (Implementation Grants only) Figure 1. CRC Grant Timeline

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SECTION 2: PROGRAM OVERVIEW

2.1 ALL GRANT TYPES
SGC’s CRC program will fund planning, development, construction, and upgrades of neighborhood-level Community Resilience Centers to provide shelter and resources during climate and other emergencies. The program will also fund ongoing year-round community services and programs that build overall community resilience. SGC’s CRC program will fund planning, pre-development, and implementation activities through the following grant opportunities.

Planning Grants
CRC Planning Grants will fund planning activities to prepare communities for future funding opportunities in programs that align with CRC Program Objectives, with a specific focus on preparation for CRC Rounds 2 and 3 Implementation Grants. (See Section 3: Planning Grants) Project Development Grants
CRC Project Development Grants will fund pre-development and basic infrastructure activities that advance community-serving facilities’ capability to serve as a future Community Resilience Center and prepare grantees for CRC Rounds 2 and 3 funding opportunities and other related funding streams. (See Section 4: Project Development Grants) Implementation Grants
CRC Implementation Grants will fund new construction and upgrades of facilities to serve as Community Resilience Centers, as well as services and programs that build overall community resilience. (See Section 5: Implementation Grants)

2.2 CORE COMPONENTS
While a statewide program, the CRC program invests in neighborhood-scale projects across California. Therefore, each Project must reflect priorities, needs, assets, and approaches from that local community. Specific features, methods, priorities, activities and costs, and partnerships will vary depending on a specific neighborhood.

The CRC model is intentionally flexible to account for the vast spectrum of communities across California. Core components, however, include the following:
• Multi-stakeholder partnerships

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Community Resilience Centers Program – Round 1 Final Guidelines April 26, 2023 Page | 9
• Robust, meaningful, and culturally appropriate community engagement throughout all phases (design, application, implementation, and evaluation) • Physical infrastructure investments to the CRC Facility (new construction and/or retrofits)
• CRC Campus Amenities, like transportation to the CRC and community gardens • Social infrastructure investments in services and programs, to ensure ongoing yearround usage of the CRC and strengthening of local community resilience Equipped with these core components, community resilience centers will empower communities, respond to climate emergencies, and provide year-round services and programs to enhance both climate resilience and community resilience.

2.3 PRIORITY COMMUNITIES AND PRIORITY

POPULATIONS
Consistent with existing State guidance and robust stakeholder input, all communities are eligible to apply for CRC program funds.

Note: CRC Project Development Grants deliberately prioritize Tribal, rural, and disadvantaged unincorporated communities given the specific histories of disinvestment, infrastructure redlining, and capacity challenges.

Statewide Scale: Priority Communities
Per statute, at the statewide-scale, SGC must prioritize CRC Projects located in and benefitting priority communities. Priority communities for the CRC program Round 1 include underresourced communities9, which include the following:
• Census tracts identified as ‘disadvantaged’ by the California Environmental Protection Agency via the Office of Environmental Health Hazard Assessment’s CalEnviroScreen tool. For CRC Round 1, this includes any census tracts designated as disadvantaged in CalEnviroScreen 4.0 (2021 update)10; OR
• Census tracts with median household incomes at or below 80% of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted pursuant to Section 50093 of the California Health and Safety Code; OR
9 “Under-resourced community” means a community identified pursuant to Section 39711 of the Health and Safety Code, subdivision (d) of Section 39713 of the Health and Safety Code, or subdivision (g) of Section 75005. 10California Office of Environmental Health Hazard Assessment (OEHHA). 2022. CalEnviroScreen4.0. <https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40.>

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• Census tracts with a median household income less than 80% of the statewide average The CRC program has identified the following additional priority communities for Round 1:
• Tribal Lands11 that meet the definition of an under-resourced community • Rural communities12 that meet the definition of an under-resourced community • Unincorporated communities that meet the definition of an under-resourced community
CRC program staff additionally commit to targeted outreach to these priority communities and will prioritize Proposals from priority communities for Application Technical Assistance, as these communities typically face more barriers to access and less capacity to apply for competitive State grant programs.

Neighborhood Scale: Priority Populations
Each CRC proposal, regardless of priority community status or geography, must focus on neighborhood-level information as CRC investments are neighborhood-scale investments in local communities.

In alignment with the California Governor’s Office of Emergency Services (Cal OES) and other State agencies, the CRC program has identified the following priority populations:
• Individuals with physical, developmental, or intellectual disabilities • Individuals with chronic conditions or injuries
• Individuals with limited English proficiency
• Older adults, children, and pregnant people
• Low-income, homeless, and/or transportation-disadvantaged or public transitdependent people Note: These priority populations were previously described as Access and Functional Needs (AFN) communities by Cal OES.13
Each CRC proposal must identify, work with, and intentionally serve the needs of priority populations in the proposed neighborhood containing the CRC facility. Attention to priority populations intentionally appears in multiple parts of the CRC program design. These sections 11 ‘Tribal lands’ has the same meaning as the term ‘Indian country’ in United States Code of Federal Regulations, title 18, section 1151, that states: “(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.”
12 Please reference Appendix A: Glossary and Key Terms for CRC program definition of “rural community.” 13 California Governor’s Office of Emergency Services (Cal OES). 2022. Access and Functional Needs (AFN). <https://www.caloes.ca.gov/office-of-the-director/policy-administration/access-functional-needs/>

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include the Collaborative Stakeholder Structure; Capital Projects, Campus Amenities, and Services and Programs; Emergency Plan and Year-Round Community Resilience Plan; and Evaluation. Staff will evaluate the extent to which each proposal meaningfully incorporates and benefits priority populations in their local communities14; for further detail, please see Section

9.4: Scoring Criteria.

2.4 FUNDING TARGETS
Geographic Diversity Funding Target
SGC intends to fund CRC Planning, Project Development, and Implementation Grant awards that build climate resilience and community resilience while representing statewide geographic diversity, inclusive of rural and urban communities, incorporated and unincorporated areas, and a range of climate impacts. Statewide geographic diversity across rural and urban communities, incorporated and unincorporated communities is specifically required of the CRC program per statute.
15 To illustrate this commitment to statewide geographic diversity, the CRC program commits to awarding at least one CRC grant (any grant type) to each of the Cal OES Fire and Rescue Mutual Aid Regions. (See Appendix F: Cal OES Fire and Rescue Mutual Aid Regions) Tribal Funding Target
The CRC program intends to fund a minimum of five (5) qualifying Proposals where the Lead Applicant is a California Native American Tribe16, an eligible entity having co-ownership with a California Native American Tribe, or an eligible entity established by a California Native American Tribe to undertake climate resilience projects. The funding target includes CRC Planning, Project Development, and Implementation grants. This funding target is intended to prioritize a portion of CRC funding for California Native American Tribes, similar to a Tribal setaside.

Unless stated otherwise, the Project must meet all CRC grant application requirements. If multiple California Native American Tribes apply for Projects, the Council will apply the scoring criteria from these Guidelines to rank the Projects such that the five (5) top-ranked Projects will be awarded under the Council’s Tribal funding target and the remaining Project(s) will compete 14 California Governor’s Office of Emergency Services. 2020. Integrating Access and Functional Needs within the Emergency Planning Process: Best Practices for Stakeholder Inclusion. <https://www.caloes.ca.gov/wpcontent/uploads/AFN/Documents/AFN-Library/Cal-OES-Best-Practices-for-Stakeholder-Inclusion-June-2020.pdf> 15 Assembly Bill 211 (2022). Committee on Budget and Fiscal Review, Chapter 574, Statutes 2022. <https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB211>] 16 Native American Heritage Commission (NAHC). 2020. NAHC Tribal Consultation Policy. <https://nahc.ca.gov/wpcontent/uploads/2020/09/Signed-NAHC-Tribal-Consultation-Policy.pdf>

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with all other submitted applications. To the extent applications received are not sufficient to meet eligibility requirements SGC reserves the right to waive this funding target.

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SECTION 3: PLANNING GRANTS
CRC Planning Grants fund planning activities to prepare communities for future funding opportunities in programs that align with CRC Program Objectives, with a specific focus on preparation for CRC Rounds 2 and 3 Implementation Grants. CRC Planning Grant activities, therefore, should focus on developing a proposal for a future CRC Implementation Grant or similar funding opportunity, and must demonstrate effective, robust local community engagement and planning efforts.

3.1 CRC PLANNING GRANT PROGRAM OBJECTIVES
CRC Planning Grants will support planning activities to prepare communities to implement Community Resilience Centers, as well as for similar funding opportunities that align with the CRC Program’s objectives. Planning activities should focus on engaging key stakeholders and supporting project readiness, as well as broader community resilience to climate emergencies and intersecting social and economic issues. Proposed planning activities will:
• Advance the local community’s ability to identify, vision, design, construct, resource, and activate sites as community resilience centers.
• Ensure or increase accessibility of CRCs to community members, especially during and after emergencies. These activities can include, but are not limited to: AB 2645 planning and implementation; targeted, culturally, and linguistically appropriate outreach and planning for priority populations, mobile units and services; and community-led development of networks and plans for evacuation, transportation, mass sheltering and mass feeding.
• Build, strengthen, and sustain local community resilience, in connection with a proposed CRC. These activities can include: advancing local workforce development and training opportunities for a future net zero carbon economy, supporting local leadership and grassroots engagement in civic and community development, and climate resilience awareness and activities.
• Demonstrate consistency with the State’s Planning Priorities contained in Section 65041.117 of the Government Code. These priorities intend to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including urban, suburban, and rural communities. 17 Government Code. Section 65041.1
<https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65041.1#:~:text =%28%20Article%205%20added%20by%20Stats.%201970%2C%20Ch.,suburban%2C%20and%20rural%20communi ties%2C%20shall%20be%20as%20follows%3A >

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3.2 ELIGIBLE PLANNING ACTIVITIES
Eligible planning activities include:
• Preparing Applicants to apply to a CRC Implementation Grant or other similar grant, including but not limited to: Partnership development, stakeholder mapping, expertise of community stakeholders – community needs assessments, community health needs assessments, and creation and/or formalization of a shared governance structure such as a Collaborative Stakeholder Structure. Note: Activities that lead to the development of a Collaborative Stakeholder Structure are strongly encouraged for Applicants who anticipate applying to CRC Round 2 Implementation Grants. • Identifying and preparing project sites for future development into Community Resilience Centers. Activities can include but are not limited to: feasibility studies and site identification; identifying potential climate and other impacts to selected sites; energy planning, audits, and site assessments; architectural and engineering designs; scoping of Campus Amenities and CRC-based community resilience services and programs; permitting, including CEQA-related activities; and planning for project readiness.
• Completing fiscal analyses and studies, such as conducting a fiscal impact analysis to understand long-term service costs of future development and to determine fee structures; and determining approaches to demonstrate financial sustainability for ongoing operations, maintenance, and staffing.
• Building capacity both internally, among staff and departments, as well as externally, among stakeholders, by including the development of collaborative partnerships that connect land use development with environmental, economic, and social justice priorities.
• Evaluating, updating, and streamlining various policies and codes currently enforced by the Planning Department and other local departments (e.g., public works, health and safety, fire, parks and open space, etc.), especially AB 2645 integrated planning and implementation.
• Preparing or updating local jurisdictional plans, such as climate action plans, climate adaptation plans, local hazard mitigation plans, community emergency response plans, county emergency operations plans, and the Safety Element of General Plans (SB 379). • Designing or enhancing community engagement that results in innovative and meaningful programs and practices built upon the input and expertise of local public agency staff, community-based organizations, workforce development boards, and overburdened individuals and groups. (See Appendix C: Community Engagement for further detail on key considerations and recommended activities for effective community engagement.)

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SECTION 4: PROJECT DEVELOPMENT GRANTS
CRC Project Development Grants will provide funding for pre-development and basic infrastructure activities that (a) advance community-serving facilities’ capability to serve as a future Community Resilience Center and (b) prepare grantees for CRC Rounds 2 and 3 funding opportunities and other related funding streams. CRC Project Development Grants should build on local community engagement efforts to identify CRC sites requiring additional Project development and basic infrastructure support funds, in preparation for future implementation funds.

CRC Project Development Grants will prioritize Applicants from Disadvantaged Unincorporated Communities, Tribal Communities, and Rural Communities.

4.1 CRC PROJECT DEVELOPMENT GRANT PROGRAM

OBJECTIVES
Proposed Project Development activities will:
• Advance the development of sites identified by local residents for use as Community Resilience Centers that build climate resilience and community resilience, both during emergencies and year-round.
• Construct climate-resilient infrastructure to (a) ensure or improve access to a CRC and to (b) strengthen local community resilience in connection with a proposed CRC • Demonstrate consistency with the State’s Planning Priorities contained in Section 65041.1 of the Government Code. These priorities intend to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including urban, suburban, and rural communities.

4.2 ELIGIBLE PROJECT DEVELOPMENT ACTIVITIES
Eligible Project Development activities include:
• General pre-development phase activities, such as: community engagement; feasibility studies; market analysis; environmental assessments, surveys, and remediation; site acquisition; site and development plans; project designs; permitting; financial planning (e.g., preliminary budget and construction financing).
• Pre-development, construction, and development of long-term operations and maintenance plans for critical utility infrastructure, including connections and upgrades to the following systems: drinking water, wastewater, waste disposal, pollution control