Agenda packet — Coachella City Council, December 13, 2023 (part 1 of 2)

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

OF A REGULAR MEETING
OF THE

CITY OF COACHELLA

CITY COUNCIL CLOSED SESSION AND REGULAR MEETING

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION
December 13, 2023
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:

If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:

Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

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Agenda City Council Closed Session and Regular Meeting December 13, 2023

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CALL TO ORDER: - 5:00 P.M.

ROLL CALL:

APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PUBLIC COMMENTS (CLOSED SESSION ITEMS):

ADJOURN TO CLOSED SESSION:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1)
Title: City Manager
Title: City Attorney

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 763-131-078
Agency Negotiator: Gabriel Martin, City Manager
Negotiating Parties: Industrial Way Properties
Under Negotiation: Price and Terms of Payment

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In re: Aqueous Film-Forming Foams Products Liability Litigation Case No. 2:18-mn-2873-RMG

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 778-170-011 and 778-180-004
Agency Negotiator: City Manager and Public Works Director Negotiating Parties: Peter Rabbit Farms Inc.

Under Negotiation: Price and Terms

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 778-170-005
Agency Negotiator: City Manager and City Engineer
Negotiating Parties: Jose Jesus and Carmen Espinoza
Under Negotiation: Price and Terms

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 778-170-009
Agency Negotiator: City Manager and City Engineer
Negotiating Parties: Jamie R. and Betty A. Zepeda.

Under Negotiation: Price and Terms
RECONVENE REGULAR MEETING: - 6:00 P.M.

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Agenda City Council Closed Session and Regular Meeting December 13, 2023

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PLEDGE OF ALLEGIANCE:

CLOSED SESSION ANNOUNCEMENTS:

COUNCIL REORGANIZATION:

7. Nomination for the Position of Mayor Pro Tem
PROCLAMATIONS/PRESENTATIONS:

8. California Natural Resources Agency Presentation on the Salton Sea Management Program

9. Coachella Resident Engagement Academy Update

10. Coachella Youth Football Little Arabs Proclamation
WRITTEN COMMUNICATIONS:

NONE
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

11. Regular Meeting Minutes of November 8, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

12. Investment Report – August 31, 2023

13. Adopt Resolution No. 2023-75 Authorizing State of California Cannabis Equity Act Grant Funding

14. Adopt Resolution No. 2023-76 Approving a Supplemental Agreement with the County of Riverside and Authorize the City Manager to Execute the Supplemental Agreement for the Use of Fiscal Year 2023-24 Community Development Block Grant (CDBG) Entitlement Funds in the Amount of $267,405 for the City of Coachella Home Enhancement Program

15. Construction Contract with The Public Restroom Company in the Amount of $998,100 for the Procurement and Installation of the Pre-Fab Buildings for the Bagdouma Park Restroom Projects– City Projects P-30 & P-32, CDBG Projects 4.CO.25-21 & 4.CO.27-22

16. Adopt Resolution No. 2023-78 Approving Final Parcel Map No. 37758

17. Adopt Resolution No. 2023-79 Authorizing the Purchase of Right of Way for Conveyance of Real Property from Nika Royal, LLC For a Sales Price of $35,000 Consisting of Parcel “A’ Lying in Parcel 4 of Lot Line Adjustment Recorded March 16, 1992 as Instrument No. 88259 in The City of Coachella, County of Riverside, State of California for the Avenue 50 Widening Project, City Project ST-93 (APN:768-163-001)

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Agenda City Council Closed Session and Regular Meeting December 13, 2023

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18. Adopt Resolution No. 2023-80 Authorizing the City Manager to Execute an Interlocal Agreement Between the Cities of Banning, Beaumont, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Palm Springs, Perris, City of Riverside, Temecula, and the County of Riverside, California, Concerning the Distribution of 2023 Justice Assistance Grant (JAG) Fund Awards and the Administration and Use of Such Funds

19. Recommend Approval of the Restated Memorandum of Understanding for Library Operations at the Coachella Library and Coachella Library Annex Between the City of Coachella and County of Riverside

20. Adopt Resolution No. 2023-82 Approving Towing Services for Inoperable and Abandoned Vehicles Pursuant to the City’s Abandoned Vehicle Abatement Program

21. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of December 13, 2023, $4,503,709.30

22. Approve and Authorize the City Manager to Execute a Professional Services Agreement with Deaztlan Consulting for Media, Video and Event Production Services in the Amount of $27,500 NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

23. Reimbursement Agreement with Coachella Valley Association of Governments (CVAG) in an Amount of $825,000, Service Agreement with the County of Riverside in an Amount of $825,000, and Authorize Appropriation of $50,000 from Fund 127 (Street DIF) for the Design and Construction of the Airport Blvd.

Bridge Replacement Project, City Project ST-141

24. Establishment of an Equity and Social Justice Ad Hoc Subcommittee

25. Authorize the City Manager to Execute a Memorandum of Understanding (MOU) with the American Planning Association California Executive Board for Planning Technical Assistance from the Community Planning Assistance Team (CPAT)

26. Adopt Resolution No. 2023-77 Authorizing the Amendment of the Cannabis Social Equity Program to Align with the State of California Equity Act

27. Ordinance No. 1207 Increasing City Council Compensation Pursuant to Senate Bill 329 (First Reading) PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):

The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

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Agenda City Council Closed Session and Regular Meeting December 13, 2023

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City Manager’s Comments.

ADJOURNMENT:

Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

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Item 8.

Programa de Gestión
de Salton Sea
Miguel Hernández, Oficial de Asuntos Públicos
Salton Sea
Management Program
Miguel Hernández, Public Affairs Officer, CNRA

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Item 8.

Presentation
Overview What is the Salton
Sea Management
Program (SSMP)?
SSMP Projects
Projects in Planning
Phases
¿Qué es el Programa
de Gestion del Salton
Sea (SSMP)?
Proyectos del SSMP
Proyectos en Fases de
Planeación
3 Descripción
General de la
Presentación

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Item 8.
4 What is the Salton Sea Management
Program (SSMP)?
¿Qué es el Programa de Gestión de
Salton Sea (SSMP)?

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Item 8.
5 SSMP Team Equipo del SSMP

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Item 8.
• Dust from exposed lakebed may affect air
quality and public health for surrounding
communities.
• Increased salinity in the waters of the Sea
is unable to sustain many forms of aquatic
life.
• Habitat values are being lost, including for
several bird species on the Pacific Flyway.
• Drought and water availability
• El polvo proveniente del lecho del lago expuesto
puede afectar la calidad del aire y la salud
pública de las comunidades aledañas.
• El aumento de la salinidad del agua de Salton
Sea no permite la supervivencia de varias formas
de vida acuática.
• Se pierden los valores de los hábitats, incluidas
varias especies de aves en la ruta migratoria del
Pacífico.
• Sequía y disponibilidad de agua.

Salton Sea Challenges Retos del Salton Sea
6

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Item 8.

Phase 1: 2018 – 2028
 10-Year Plan aims to improve
conditions around the Sea by
constructing 30,000 acres of
projects to reduce wind-blown
dust from exposed lakebed
and create habitat for fish and
birds.

Fase 1: 2018 – 2028
 El Plan de 10 Años tiene como
objetivo mejorar las condiciones
alrededor de Salton Sea al
construir 30,000 acres de
proyectos para reducir el polvo
arrastrado por el viento
proveniente del lecho del lago
expuesto, y crear hábitats para
peces y aves.

SSMP Phase I: 10-year plan Plan a 10 años del SSMP
7

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Item 8.
 The Salton Sea Management
Program prepared this draft
Long-Range Plan (LRP or
Plan) to comply with State
Water Board Revised Order
WR 2002-0013.
 SSMP’s Phase 1: 10-Year
Plan is addressing challenges
happening now through 2028.

The Phase 2: Long-Range
Plan is intended to address
challenges beyond 2028.
 El Programa de Gestión del
Salton Sea preparó este borrador
del Plan a Largo Plazo (LRP o
Plan) para cumplir con la Orden
Revisada WR 2002-0013 de la
Junta Estatal del Agua.
 La Fase 1: El Plan de 10 años de
SSMP aborda los desafíos que
ocurran a partir de ahora y hasta
el año 2028. La Fase 2: Plan a
largo plazo pretende abordar los
retos más allá del 2028.

Salton Sea Long-Range Plan Plan a Largo Plazo de Salton Sea 8

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Item 8.
9 Imperial Streams Salton Sea
Feasibility Study
Estudio de Viabilidad de Entradas de
Imperial de Salton Sea
Draft LRP informs the development of a Feasibility Study - (Environmental Review) El LRP informa el desarrollo de un Estudio de Viabilidad - (Revisión Ambiental) Imperial Streams and
Salton Sea
Ecosystem Restoration
Feasibility Study

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Item 8.
10 SSMP Projects
Projectos del SSMP

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Item 8.
 Collaboration with landowners
is critical to land access.
 Lack of state-owned lands and
the checkerboard land
ownership creates some
challenges
 Securing land access
agreements is a key driver
affecting the planning and
project delivery schedule
• La colaboración con propietarios
es esencial para el acceso a las
tierras.
• La falta de tierras estatales y el
“damero” de propietarios generan
varios desafíos.
• Asegurar acuerdos de acceso a
la tierra es un factor clave para la
planificación y el cronograma de
realización del proyecto.

Land Access Remains an Important
Driver of Project Timelines
El acceso a la tierra aún es importante
para los plazos del proyecto
11

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Item 8.
12 Projects in progress at the Sea Proyectos en curso en Salton Sea

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Item 8.
• First major habitat project of the state’s
10-Year Plan.
• Improve air quality and provide critical
habitat for birds and fish at the Salton Sea.
• Reduces dust emissions by covering
exposed lakebed with water.
• Primer gran proyecto de hábitats del Plan a 10
años del Estado.
• Projete la calidad del aire y proporciona un
hábitat crítico para aves y peces en el Salton
Sea.
• Reduce las emisiones de polvo al cubrir con
agua el lecho expuesto del lago.

Species Conservation Habitat Project
(4,100 acres)
Projecto Hábitat de Conservación de
Especies (4,100 acres)
13

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Item 8.
14 Species Conservation Habitat Project
(4,100 acres)
Projecto Hábitat de Conservación de
Especies (4,100 acres)

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Item 8.
15 Species Conservation Habitat Project
(4,100 acres)
Projecto Hábitat de Conservación de
Especies (4,100 acres)

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Item 8.

Species Conservation Habitat Project
(4,100 acres)
Projecto Hábitat de Conservación de
Especies (4,100 acres)

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Item 8.
17

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Item 8.
18 Vegetation Enhancement Projects
The goal of these projects is to suppress dust in exposed lakebed areas around the Salton Sea through native
vegetation establishment and enhancement of existing
vegetation stands.

Projects total ≈1,700 acres o Clubhouse 400 acres o Tule Wash 1,215 acres o West Bombay Beach 90 acres Proyectos de Mejora de la Vegetación
El objetivo de estos proyectos es suprimir el polvo en las áreas de lecho de lago expuesto alrededor de Salton
Sea a través de la plantación de vegetación nativa y la mejora de la vegetación existente.

Proyectos totales ≈1,700 acres o Clubhouse 400 acres o Cause Tule 1,215 acres o West Bombay Beach 90 acres

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Item 8.
19

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Item 8.
20 Vegetation Enhancement Projects Proyectos de Mejora de la Vegetación

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Item 8.
21 Vegetation Enhancement Projects Proyectos de Mejora de la Vegetación

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Item 8.
22 Vegetation Enhancement Projects Proyectos de Mejora de la Vegetación

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Item 8.
23 • Audubon Bombay Beach Wetland
Enhancement Project (832 acres of
aquatic)
• North Lake Pilot Demonstration Project
(≈ 160 acres of aquatic)
• Desert Shores
Channel Restoration Project (≈ 30 acres
of aquatic)
Proyectos cooperativos con apoyo
del SSMP
 Proyecto de Mejora de Humedales de
Audubon Bombay Beach (832 acres de
acuático)
 Proyecto de Demostración Piloto de North
Lake
(~160 acres de acuático)
 Proyecto de Restauración de
Canales de Desert Shores (~30 acres de
acuático)
Collaborative Projects
with SSMP Support

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Item 8.
• SCH Expansion Project
(≈ 3,000-5,000 acres of aquatic)
• North Lake Project – Full Lake
(≈ 1,615 acres of aquatic)
• San Felipe Fan Project (660 acres of
vegetation)
• Wister Unit Marsh Bird Habitat
Restoration Project (≈ 150 acres of
aquatic)
• SCH Vegetation Project
(≈ 600 acres of vegetation)
 Proyecto de Expansión de SCH (~7.000 acres
de hábitat acuático)
 Proyecto North Lake – Lago completo
(~1.615 acres de acuático)
 Proyecto San Felipe Fan (660 acres de
vegetación)
 Proyecto de Restauración de Hábitat para
Aves de Pantano de Wister Unit (~150 acres
de acuático)
 Proyecto de Vegetación de SCH
(~600 acres de vegetación)
Projects in Planning Phases Proyectos en etapa de planificación 24

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Item 8.
25 Obtenga más información sobre las múltiples oportunidades de participación y suscríbase a las actualizaciones en:

Thank You!
¡MuchasGracias!
www.saltonsea.ca.gov
Email the SSMP team at:
[email protected]
Learn more about multiple engagement opportunities and
sign-up for updates at:
www.saltonsea.ca.gov
O envíe un correo electrónico al equipo del SSMP a:
[email protected] Page 30
Item 8.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Anahi Fernandez, Management Analyst
SUBJECT: Coachella Resident Engagement Academy Update
STAFF RECOMMENDATION:

Staff recommends that the City Council receive and file the Coachella Resident Engagement Academy Update and provide staff feedback.

BACKGROUND:

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

1. Develop an avenue for the City to communicate its roles and functions

2. Increase civic engagement in the City

3. Provide residents with input opportunities

4. Inform residents how they can contribute to the City DISCUSSION/ANALYSIS:

The Coachella Resident Engagement Academy occurred October 3 - November 21, 2023 for a span of seven (7) weeks. The City selected a total of 25 participants, and of the selected participants, 23 successfully completed the program. City staff and local partner agencies presented on the following seven (7) modules:

1. City Manager’s Office and Economic Development

2. Public Works and Engineering

3. Wastewater and Water

4. Development Services

5. Finance and Public Safety

6. Community Health and Wellness

7. Community Engagement/ Graduation

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Item 9.

City Directors, Managers, and partner agencies facilitated each module based on their discipline, which included a presentation and an interactive activity. The sessions were designed to provide an inclusive and safe learning environment.

Riverside University Health System (RUHS), Department of Public Health, assisted with evaluation services for the academy to determine the program’s effectiveness in increasing civic engagement and awareness of City government. Through the survey responses, seventy percent (70%) of participants indicated that their knowledge level of the City of Coachella before participating in the academy was either very low or low. After completion of the academy, ninety percent (90%) of the participants indicated that their knowledge level of the City was either high or very high. Through the survey, ninety-four percent (94%) of participants also indicated that their likelihood of playing a volunteer role in the City after participating in the academy is very high. The responses to the survey questions demonstrate that the resident academy fulfilled its mission in educating Coachella residents about its roles and functions, while also encouraging them to be more civically engaged in the City. A more detailed table of the survey responses can be found in Attachment 3.

Participants were presented awards recognizing their outstanding leadership and dedication to the program. Academy participants were informed how they can continue being civically engaged after completion of the academy through City commissions, community events, and by being involved with local organizations. Participants were added to the City’s newsletter to keep them informed of City events, and many signed up to be notified of future City events; such as the Rail Station Feasibility Advisory Commission, Library Annexation community engagement, the Rancho Las Flores Park expansion events, and updates on how to become Blue Zones ambassadors.

Staff would like to continue extending this learning opportunity to Coachella residents in the future and pursue Community Engagement Protocols envisioned in the General Plan for different types of municipal decisions so community members can easily learn about input opportunities and know how best to contribute. Other opportunities in the future for expanding the City’s community engagement protocols as observed in other communities include:
 An academy participant-initiated project to be completed at the end of the Resident Engagement Academy
 Colonia Program: Neighborhood-level community engagement and community priority setting
 Community-initiated mini-grant program
Staff requests City Council feedback and direction for the continuation of the program.

FISCAL IMPACT:

The provision of meals were budgeted for each academy meeting in the Fiscal Year 23-24 budget for the Development Services Department. Stipends in $5,750.00 were sourced from ARPA funds.

Simultaneous translation services amount to $3,200 for the program. It is anticipated that the full costs to administer a new Resident Engagement Academy class would be $11,500.

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Item 9.

ATTACHMENTS:

1. 2023 Resident Engagement Academy Class Schedule

2. Riverside University Health System (RUHS) Survey Evaluation

3. Academy Photographs

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Item 9.
2 SESSION
OCT. 10, 2023
6:00 - 8:00 PM
3 SESSION
OCT. 21, 2023
8:00 - 11:00 AM
4 SESSION
OCT. 24, 2023
6:00 - 8:00 PM
5 SESSION
NOV. 07, 2023
6:00 - 8:00 PM
6 SESSION
NOV. 14, 2023
6:00 - 8:00 PM
1 SESSION
OCT. 03, 2023
6:00 - 8:00 PM
CITY MANAGER’S OFFICE & ECONOMIC DEVELOPMENT
GABRIEL MARTIN – CITY MANAGER
CELINA JIMENEZ – ECONOMIC DEVELOPMENT DIRECTOR
7 SESSION
NOV. 21, 2023
6:00 - 8:00 PM
MARITZA MARTINEZ – PUBLIC WORKS DIRECTOR
ANDREW SIMMONS – CITY ENGINEER

PUBLIC WORKS & ENGINEERING

WASTEWATER & WATER
CASTULO ESTRADA – UTILITIES MANAGER
GABRIEL PEREZ –DEVELOPMENT SERVICES DIRECTOR
LIZZANDRO DIAZ – BUILDING OFFICIAL
RENE ROSALES – CODE ENFORCEMENT MANAGER

DEVELOPMENT SERVICES
RUBEN RAMIREZ – CONTROLLER
BLANCA FLORES – FINANCE MANAGER

RIVERSIDE COUNTY FIRE & POLICE DEPARTMENT

FINANCE & PUBLIC SAFETY

COMMUNITY HEALTH & WELLNESS

RIVERSIDE COUNTY DEPARTMENT OF PUBLIC HEALTH
COMMUNITY ENGAGEMENT – GRADUATION

RESIDENT ENGAGEMENT ACADEMY

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Item 9.

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Item 9.

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Item 9.

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Item 9.

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Item 9.

Attachment 3

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Item 9.

Attachment 3

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Item 9.

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

MINUTES

OF A REGULAR MEETING
OF THE

CITY OF COACHELLA

CITY COUNCIL CLOSED SESSION AND REGULAR MEETING

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, AND SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY November 08, 2023
5:00PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

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Item 11.

Minutes City Council Closed Session and Regular Meeting November 08, 2023

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CALL TO ORDER: - 5:00 P.M.

ROLL CALL:

Present: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
City Clerk Zepeda, City Treasure Aviles via Zoom
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” Motion: To approve the Agenda
Made by: Councilmember Virgen
Seconded by: Councilmember Dr. Figueroa
Approved: 4-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Mayor Pro Tem Galarza
PUBLIC COMMENTS (CLOSED SESSION ITEMS):

None
ADJOURN TO CLOSED SESSION:

Mayor Pro Tem Galarza joined Closed Session at 5:02 pm.

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Employee Organization: City Manager, Unrepresented

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4)

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Item 11.

Minutes City Council Closed Session and Regular Meeting November 08, 2023

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One (1) Potential Case

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956(d)(1)
Maria Guadalupe Ibarra vs. The City of Coachella
Riverside County Superior Court, Case No. CVPS 2102983

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 763-131-078
Agency Negotiator: Gabriel Martin, City Manager
Negotiating Parties: Industrial Way Properties
Under Negotiation: Price and Terms of Payment

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1)
Title: City Manager
Title: City Attorney
Direction given, no reportable action taken.

RECONVENE REGULAR MEETING: - 6:00 P.M.

PLEDGE OF ALLEGIANCE:

The City Clerk led the pledge of allegiance.

CLOSED SESSION ANNOUNCEMENTS:

PROCLAMATIONS/PRESENTATIONS:

7. Family Court Awareness Month

8. Cash Assistance Program Quarterly Update by Mission Asset Fund

9. Senior Center Code of Conduct
WRITTEN COMMUNICATIONS:

NONE
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)

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Item 11.

Minutes City Council Closed Session and Regular Meeting November 08, 2023

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10. Regular Meeting Minutes of October 25, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

11. Special Meeting Minutes of October 25, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

12. Special Meeting Minutes of October 30, 2023, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

13. Investment Report – July 31, 2023

14. Authorization to file a Notice of Completion for Meter Exchange Project 2023

15. Authorize Execution of Amendment No. 1 Between the City of Coachella and Conserve Landcare LLC for Project No. 042623, in the Amount of $450,000

16. Authorize Execution of Amendment No. 1 Between the City of Coachella and Yunex LLC for Project No. 093021, Increasing Compensation in the Amount of $60,000 and Allocating $60,000 from Undesignated General Funds to the Street Division Professional Services Account

17. Award Professional Services Agreement to The Christmas Kings for the Holiday Lighting and Decorations Project No. 072023 for $50,000.

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

19. Authorize execution of Amendment No. 3 between the City of Coachella and CV Pipeline for storm drain system maintenance services, for $150,000; increase appropriation of $50,000 for street division storm drain professional services account.

20. Authorize execution of Amendment No. 1 between the City and BRC Construction for As Needed Miscellaneous Repair Work for the Landscape and Lighting Maintenance Districts Project No. 081122, increasing compensation by $150,000.

21. Amendment #3 to the Professional Services Agreement with Angenious Engineering Services, Inc. in the Amount of $99,027.50 to Provide Professional Engineering Services for the Avenue 50 Bridge over the Whitewater Channel Project, City Project ST-69

22. Adopt Ordinance No. 1208 (Sevilla II) approving Change of Zone No. 22-05, to Change the Existing Zone From General Neighborhood (G-N) to General Neighborhood-Planned Unit Development (GN-PUD) for a Proposal to Subdivide 39 Acres Into 204 Single Family Lots With a Minimum Lot Size of 5,000 Square Feet With Three Single Family Residential Production Model Homes With 3 Elevation Options Located

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Item 11.

Minutes City Council Closed Session and Regular Meeting November 08, 2023

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West of Van Buren Street, South of Avenue 50 and North of Avenue 51, APN #’s 779-280-002 and 779- 320-001; Applicant: The Pulte Group (Second Reading)

23. Authorize Execution of Professional Services Agreement Between the City of Coachella and Urban Futures, Inc. for the Amount of $100,000 for Financial Analysis and Budget Preparation Assistance Services

24. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of November 8, 2023, $1,040,247.85
Motion: To approve the consent calendar items
Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Virgen
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Virgin, Mayor Pro Tem Galarza and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

25. Consideration of Conditions for Approval of an Equipment Lease/Purchase Agreement with Respect to the Acquisition, Financing and Purchase of Certain Equipment in Connection with Resolution No. 2023-72 Approved by the City Council on October 25, 2023
Motion: To approve removing the condition placed upon Resolution No. 2023-72 for financing, approve on October 25, 2023, allowing staff to execute and deliver an Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp for phase of the Project Made by: Mayor Pro Tem Galarza
Seconded by: Councilmember Virgen
Approved: 3-1-1, roll call vote:

AYES: Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza NOES: Mayor Hernandez
ABSTAIN: Councilmember Figueroa
ABSENT: None

26. Approve conceptual design and appropriate $1,000,000 to the Civic Center Pandemic Retrofit Project Motion: To table item 26
Made by: Mayor Hernandez

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Item 11.

Minutes City Council Closed Session and Regular Meeting November 08, 2023

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Seconded by: Mayor Pro Tem Galarza
Approved: 5-0, Unanimous roll call vote:

AYES: Councilmember Dr. Figueroa, Councilmember Virgen, Councilmember Delgado, Mayor Pro Tem Galarza, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):

1. David Catanzarite Executive Artistic Director of Green Room Theatre Company. They have about $300,000 that they want the City to help them spend the bulk of it on the people of Coachella. They are looking for a performance, rehearsal and storage space in Coachella. They like their office in Coachella.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

Councilmember Dr. Figueroa attended the DAP Health Equity Walk and that was fun. Attended Dia De Los Muertos on Saturday. He went to the Palm Springs Pride Parade in Palm Springs on Sunday. He is looking forward to the Veteran’s Pancake Breakfast on Saturday. Because of the weather, mosquitos are going down.

Councilmember Virgen attended the State of the City and it was really great. Saturday she attended the Dia De Los Muertos and did the run. Yesterday she went with staff to the bi-annual meeting with the Augustine Tribe to give them an update on City projects and partnering. She is looking forward to Veteran’s Day and Pancake event. Also that day is the Cynergy concert.

Councilmember Delgado attended the SCAG Update on Connect Southern California Transportation Plan. She attended the State of the City. This was the smoothest. She attended the Dia De Los Muertos. She requested that Raices Cultura is separated from the run so that they receive the highlights on the social media pages. She attended the Halloween Carnival and she participated as a judge. She got sponsored and will be attending the Naleo Policy Institute of Health Creating Pathways Toward Latino Wellbeing next week. The next two weeks she has the Coachella Valley Mountain Conservancy, Homelessness Committee as well as the Sunline Transit Agency meetings. She is looking forward to the Veteran’s Pancake event.

Mayor Pro Tem Galarza applauded staff for all the events in October. He attended the State of the City and this was one of the most unique. He also attended the Halloween events. He also attended the meeting with

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Item 11.

Minutes City Council Closed Session and Regular Meeting November 08, 2023

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Augustine Tribe. He looks forward to upcoming events. The mural with their sister city is nearing to its end.

A revealing date will be set. He had no committee meetings to report.

Mayor Hernandez participated in the State of the City and thanked everyone who was there. It’s the first year that the full council participated. Everyone did a good job. The RCTC Director is resigning in May and is being replaced by Karen Hick. He requested to agendize the Economic Development Committee for a façade program targeting Avenue 52 to Sixth Street. He mentioned that the restaurants are organizing and meeting to discuss how the City’s ordinance should formulate when talking about the taco vendors. Staff needs to reach out to them to get their feedback. Kudos to everyone for the State of the City and the Run With Los Muertos.

Feedback from the community has been very positive. Comments were made on the condition of the streets, which are not good. They need to start working on paving the streets. Kudos to staff on the agreement with D.R. Horton to expand the lanes.

City Manager’s Comments.

Reminder that the street vendor ordinance will be heard by the Planning commission on November 15. He purchased a table for the Peace Officer’s Luncheon is November 15 at 11:00 am at the Agua Caliente Casino in Rancho Mirage. Reminded the Council of the Veteran’s Pancake Breakfast at 9:00 am and Synergy Music event at 11:00 am at Dateland Park.

ADJOURNMENT:

There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 7:51 p.m.
_____________________
Angela M. Zepeda
City Clerk

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Item 11.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 7/31/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 8/31/2023

CASH ON HAND
Wells Fargo-General Checking N/A 7,187,505.60 (145,934.50) - - - 7,041,571.10 - Sweep Account 4.966% 8,833,577.57 (4,008,919.39) 4,824,658.18 - Wells Fargo-Road Maintenance N/A 90,907.59 80,428.78 - - 171,336.37 - Wells Fargo-Gas Tax N/A 411,318.24 212,771.70 - - - 624,089.94 - - Wells Fargo- Payroll Acct N/A (10,571.02) (85,842.43) (96,413.45) - Petty Cash N/A 6,000.00 - - - - 6,000.00
Total Cash on Hand 16,518,737.98 (3,947,495.84) - - - 12,571,242.14

INVESTMENTS
State of California - LAIF 2.17% 18,360,373.52 - - - 18,360,373.52 - Investment Management Acct 1.47% 33,408,309.22 104,292.82 - - 33,512,602.04 Total Investments 51,768,682.74 - 104,292.82 - - 51,872,975.56

CASH WITH FISCAL AGENT
US Bank varies 4,204,732.17 2,439,817.18 132.55 - - 6,644,681.90 ① - Wells Fargo Bank, N.A. 5.83% 444.22 - 1.77 - - 445.99 ② - Wilmington Trust, N. A. 0.03% 1,990,022.35 491.87 4,528.99 (209,300.00) (610,091.69) 1,175,651.52 ③ Total Cash with Fiscal Agent 6,195,198.74 2,440,309.05 4,663.31 (209,300.00) (610,091.69) 7,820,779.41 Grand Total 74,482,619.46 (1,507,186.79) 108,956.13 (209,300.00) (610,091.69) 72,264,997.11 Completed By:

Reviewed By: Ruben Ramirez- Controller

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of August 31, 2023
Fiscal Year 2023-2024

DESCRIPTION
Lourdes Marrón-Accountant

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Item 12.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 7/31/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 8/31/2023

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of August 31, 2023
Fiscal Year 2023-2024

DESCRIPTION

CASH WITH FISCAL AGENT

US BANK

COACHELLA FINANCING AUTHORITY
Successor Agency to the Coachella Redevelopments Agency 2014 Series A/C #: 6712104701 Debt Service Fund 0.00% 777.88 (777.88) 3.32 - - 3.32 A/C #: 6712104702 Interest Account 0.00% - 137,256.25 - - - 137,256.25 A/C #: 6712104703 Principal Account 0.00% - 440,000.00 - - - 440,000.00 A/C #: 6712104704 Reserve Account 0.00% 827,612.50 - - - - 827,612.50

COACHELLA SANITARY DISTRICT
WASTEWATER SERIES 2015A
A/C #: 6712148601 Bond Fund 0.00% 1,196.99 5.12 - - 1,202.11 A/C #: 6712148602 Interest Account 0.00% - - - - - -
A/C #: 6712148603 Principal Account 0.00% - - - -
A/C #: 6712148604 Reserve Account 0.00% 310,175.00 - - - - 310,175.00 COACHELLA SANITARY DISTRICT: PROJECT FUND 2011
A/C #: 6711963500 Project Fund 2011 0.0100% 26,243.75 - 112.13 - - 26,355.88

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Item 12.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 7/31/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 8/31/2023

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of August 31, 2023
Fiscal Year 2023-2024

DESCRIPTION

COACHELLA SUCCESSOR AGENCY
MERGED PROJECT AREAS BONDS 98 & 99: BONDS 2013
A/C #: 6712071401 Interest Account 0.00% 237.35 (237.35) 1.01 - - 1.01 A/C #: 6712071402 Interest Account 0.00% (0.00) 41,831.25 - - - 41,831.25 A/C #: 6712071403 Principal Account 0.00% - 320,000.00 - - - 320,000.00 A/C #: 6712071404 Reserve Account 0.00% 406,487.50 - - - - 406,487.50 SA TO COACHELLA RDA REFUNDING BONDS SERIES 2016A & 2016B A/C #: 6712160601 Debt Service 0.00% 2,003.84 (1,823.84) 8.56 - - 188.56 A/C #: 6712160602 Interest Account 0.00% - 353,568.75 - - - 353,568.75 A/C #: 6712160603 Principal Account 0.00% - 1,150,000.00 - - - 1,150,000.00 A/C #: 6712160604 Reserve Account 0.00% 2,017,074.78 - - - - 2,017,074.78 COACHELLA LEASE BONDS 2016
A/C #: 6712179801 Payment Account 0.0000% 591.32 - 2.41 - - 593.73 A/C #: 6712179802 Interest Account 0.0000% (0.00) - - - - (0.00) A/C #: 6712179803 Principal Account 0.0000% - - - - - - A/C #: 6712179804 Reserve Account 0.0000% 612,331.26 - - - - 612,331.26 TOTAL US BANK OF CALIFORNIA 4,204,732.17 2,439,817.18 132.55 - - 6,644,681.90 ①

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Item 12.

CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 7/31/2023 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 8/31/2023

CITY OF COACHELLA

TREASURER'S REPORT - INVESTMENT REPORT
As of August 31, 2023
Fiscal Year 2023-2024

DESCRIPTION
WELLS FARGO BANK, N.A.

GAS TAX BONDS SERIES 2019
A/C #: 83925300 Debt Service Fund 0.0000% 418.32 - 1.67 - - 419.99 A/C #: 83925301 Interest Account 0.0000% 7.74 - 0.03 - - 7.77 A/C #: 83925302 Principal Account 0.0000% 18.16 0.07 - 18.23 TOTAL WELLS FARGO BANK, N.A. 444.22 - 1.77 - - 445.99 ② WILMINGTON TRUST, N. A.

CITY OF COACHELLA TAXABLE PENSION OBLIGATION BONDS
A/C #: 144613-000 Revenue Account 0.03% 2,603.07 - 10.87 - - 2,613.94 A/C #: 144613-001 Interest Account 0.03% 49.98 - 0.30 - - 50.28 A/C #: 144613-002 Principal Account 0.00% 412.38 - 1.82 - 414.20 CITY OF COACHELLA 2022A BOND FUND
A/C #: 154278-000 Bond Fund 1.76% 5,265.36 4,861.36 41.88 - - 10,168.60 A/C #: 154278-001 Interest Account 0.00% 95,164.58 (64.58) (95,100.00) - - A/C #: 154278-002 Principal Account 0.00% 135,091.69 - - - (135,091.69) - A/C #: 154278-004 Project FD Account 1.76% 1,162,823.46 (4,705.09) 4,877.07 - - 1,162,995.44 CITY OF COACHELLA 2022B BOND FUND
A/C #: 155657-000 Bond Fund 1.76% 1,614.72 400.18 8.10 - - 2,023.00 A/C #: 155657-001 Interest Account 0.00% 114,277.56 - (77.56) (114,200.00) - - A/C #: 155657-002 Principal Account 0.00% 475,322.62 - (322.62) - (475,000.00) - A/C #: 155657-004 COI Account 0.00% - - - - - -
TOTAL WILMINGTGON TRUST BANK, N.A. 1,990,022.35 491.87 4,528.99 (209,300.00) (610,091.69) 1,175,651.52 ③ TOTAL CASH WITH FISCAL AGENT 6,195,198.74 2,440,309.05 4,663.31 (209,300.00) (610,091.69) 7,820,779.41

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Item 12.

BANK OF AMERICA CORP (CALLABLE)

CORPORAT
DTD 10/21/2020 0.810% 10/24/2024
06051GJH3 150,000.00 A- A1 10/16/20 10/21/20 150,000.00 0.81 428.63 150,000.00 148,507.80

MICROSOFT CORP (CALLABLE) NOTES
DTD 02/12/2015 2.700% 02/12/2025
594918BB9 190,000.00 AAA Aaa 03/15/21 03/17/21 202,921.90 0.92 270.75 194,236.37 183,764.01

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 60,000.00 A+ A1 05/20/20 05/26/20 60,586.20 1.58 54.00 60,180.55 57,017.52

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 90,000.00 A+ A1 05/20/20 05/26/20 90,879.30 1.58 81.00 90,270.83 85,526.28

NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 295,000.00 AA- A1 05/06/20 05/08/20 305,504.95 0.98 243.78 298,074.17 280,581.29 AMAZON.COM INC CORPORATE NOTES
DTD 04/13/2022 3.000% 04/13/2025
023135CE4 245,000.00 AA A1 04/11/22 04/13/22 244,610.45 3.06 2,817.50 244,790.30 236,969.64

CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 163.50 50,000.00 48,322.75

CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 179.85 55,032.40 53,155.03

GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 1,392.19 140,827.03 130,478.99

JPMORGAN CHASE & CO (CALLABLE) CORP
NOTE
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A1 05/24/21 06/01/21 115,000.00 0.82 236.90 115,000.00 110,424.61

JPMORGAN CHASE & CO CORP NOTES
(CALLABLE
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A1 08/03/21 08/10/21 50,000.00 0.77 23.47 50,000.00 47,513.20

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Item 12.

BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A+ A2 06/17/21 06/21/21 71,282.88 0.98 162.00 71,640.99 65,600.78

BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
06051GKM0 220,000.00 A- A1 03/17/22 03/22/22 220,000.00 3.38 3,081.32 220,000.00 211,365.66

TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 25,000.00 A A2 01/19/22 01/24/22 24,957.50 1.99 62.29 24,971.18 22,833.43

TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 125,000.00 A A2 01/27/22 01/31/22 124,923.75 1.96 311.46 124,948.10 114,167.12

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 200,000.00 A A1 01/26/22 01/28/22 200,644.00 1.98 398.61 200,435.32 180,612.60

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 300,000.00 A A1 08/02/22 08/04/22 280,158.00 3.67 597.92 284,924.45 270,918.90

ADOBE INC (CALLABLE) CORP NOTE
DTD 02/03/2020 2.150% 02/01/2027
00724PAC3 360,000.00 A+ A2 12/13/22 12/15/22 332,316.00 4.20 645.00 337,085.94 330,273.72

JPMORGAN CHASE CORP NOTES (CALLABLE)
DTD 04/22/2021 1.578% 04/22/2027
46647PCB0 260,000.00 A- A1 08/02/22 08/04/22 235,172.60 3.81 1,470.17 240,838.78 233,419.68

HOME DEPOT INC CORP NOTES (CALLABLE)
DTD 09/14/2017 2.800% 09/14/2027
437076BT8 350,000.00 A A2 01/25/23 01/27/23 330,256.50 4.15 4,546.11 332,790.11 324,988.65

JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 115,000.00 A A2 07/11/23 07/14/23 114,828.65 4.98 743.19 114,833.25 115,219.54

JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 135,000.00 A A2 07/13/23 07/17/23 136,833.30 4.64 872.44 136,787.07 135,257.71 Security Type Sub-Total 4,747,000.00 4,715,770.73 2.49 26,648.93 4,690,918.36 4,514,637.89

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Item 12.

TORONTO DOMINION BANK NY CERT
DEPOS
DTD 10/31/2022 5.470% 10/25/2024
89115B6F2 325,000.00 A A1 10/27/22 10/31/22 325,000.00 5.44 15,061.49 325,000.00 324,857.00

COOPERAT RABOBANK UA/NY CERT DEPOS
DTD 07/20/2023 5.080% 07/17/2026
21684LGS5 325,000.00 A+ Aa2 07/17/23 07/20/23 325,000.00 5.08 1,880.31 325,000.00 317,999.50 Security Type Sub-Total 650,000.00 650,000.00 5.26 16,941.80 650,000.00 642,856.50 Asset-Backed Security
CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 4,537.02 AAA NR 01/14/20 01/22/20 4,536.13 1.89 3.81 4,536.79 4,527.83 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 17,566.12 NR Aaa 02/17/21 02/24/21 17,565.79 0.27 1.32 17,565.99 17,231.26 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 21,850.12 AAA NR 04/20/21 04/28/21 21,847.82 0.38 3.69 21,849.05 21,380.46 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 12,493.99 AAA NR 01/20/21 01/27/21 12,491.52 0.34 1.89 12,492.83 12,163.09 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 55,899.92 AAA Aaa 09/21/21 09/27/21 55,895.47 0.43 10.68 55,897.46 54,029.78 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 37,102.30 AAA NR 04/13/21 04/21/21 37,094.31 0.52 8.57 37,098.22 35,934.00 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 32,101.49 AAA NR 11/09/21 11/17/21 32,094.32 0.75 10.56 32,097.17 31,003.55 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,992.79 52,228.64 HAROT 2023-3 A3
DTD 08/22/2023 5.410% 02/18/2028
43815QAC1 215,000.00 AAA NR 08/15/23 08/22/23 214,955.67 5.42 290.79 214,955.94 215,595.55 TAOT 2023-C A3
DTD 08/15/2023 5.160% 04/17/2028
89231FAD2 65,000.00 AAA NR 08/08/23 08/15/23 64,985.30 5.17 149.07 64,985.45 64,837.73

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Item 12.

Managed Account Detail of Securities Held For the Month Ending August 31, 2023 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
FITAT 2023-1 A3
DTD 08/23/2023 5.530% 08/15/2028
31680EAD3 235,000.00 AAA Aaa 08/15/23 08/23/23 234,985.43 5.53 288.79 234,985.50 235,435.03 Security Type Sub-Total 751,550.96 751,439.98 3.93 783.35 751,457.19 744,366.92 Managed Account Sub-Total 35,794,979.21 34,699,908.78 2.55 128,829.51 34,894,703.48 33,368,384.13 $35,794,979.21 $34,699,908.78 2.55% $128,829.51 $34,894,703.48 $33,368,384.13 $33,497,213.64
$128,829.51
Total Investments
Accrued Interest
Securities Sub-Total

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Item 12.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Ruben Ramirez, Controller
SUBJECT: Investment Report – August 31, 2023
STAFF RECOMMENDATION:

Staff recommends that the City Council receive and file the investment report for August 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.

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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 August 31, 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.

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RESOLUTION 2023-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA

CALIFORNIA AUTHORIZING STATE OF CALIFORNIA CANNABIS EQUITY ACT

GRANT FUNDING
The City Council of the City of Coachella finds:

WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding;
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; WHEREAS, the City Council of the City of Coachella has adopted and operates a local equity program for commercial cannabis activity.

WHEREAS, the City Council of the City of Coachella has determined that it will use grant funds from the Governor’s Office of Business and Economic Development to assist local equity applicants and licensees through its local equity program for commercial cannabis activity as described in its application for grant funds.

NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Coachella is authorized to execute by electronic signature on behalf of the City Council of the City of Coachella, the grant agreement with the Governor’s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.

IT IS AGREED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability.

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PASSED, APPROVED and ADOPTED this 13th day of December, 2023. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-75 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of December, 2023, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Adopt Resolution No. 2023-75 Authorizing State of California Cannabis Equity Act Grant Funding
STAFF RECOMMENDATION:

Staff recommends that the City Council consider adopting Resolution No. 2023-75 authorizing the City Manager to execute any and all necessary documentation, including a standard agreement to accept the Office of the Governor’s Business and Economic Development’s (Go-Biz) Equity Grant for Local Jurisdictions in the amount of $500,000.

BACKGROUND:

On November 8, 2016, California voters approved Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). In its statement of purpose and intent, AUMA calls for regulating cannabis in a way that “reduces barriers to entry into the legal, regulated market.” Cannabis prohibition and criminalization had a devastating impact on populations and communities across California. Individuals convicted of a cannabis offense and their families suffer the long-term consequences of prohibition and criminalization. These individuals have a more difficult time entering the newly created adult-use cannabis industry due, in part, to a lack of access to capital, business space, technical support, and regulatory compliance assistance.

During the era of cannabis prohibition in California, the burdens of arrest, convictions, and longterm collateral consequences arising from a conviction fell disproportionately on African American/Black and Latinx/Hispanic people, even though people of all races used and sold cannabis at nearly identical rates. The California Department of Justice data shows that from 2006 – 2015, inclusive, African American/Black Californians were two times more likely to be arrested for cannabis misdemeanors and five times more likely to be arrested for cannabis felonies than Caucasian/White Californians. During the same period, Latinx/Hispanic Californians were 35 percent more likely to be arrested for cannabis crimes than Caucasian/White Californians. The collateral consequences associated with cannabis law violations, coupled with generational poverty and lack of access to resources, make it extraordinarily difficult for persons with convictions to enter the newly regulated industry.

GO-Biz administers the Cannabis Equity Grants Program for Local Jurisdictions to aid local equity

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program efforts to support equity applicants and equity licensees. Offering technical support, regulatory compliance assistance, and assistance with securing the capital necessary to begin a business will further the stated intent of the AUMA by reducing barriers to licensure and employment in the regulated industry. Offering these types of support will also aid the state in its goal of eliminating or reducing the illicit cannabis market by bringing more people into the legal marketplace.

DISCUSSION/ANALYSIS:

The purpose of the Cannabis Equity Grants Program for Local Jurisdictions is to advance economic justice for populations and communities harmed by cannabis prohibition and the War on Drugs (WoD) by providing support to local jurisdictions as they promote equity and eliminate barriers to enter the newly regulated cannabis industry for equity program applicants and licensees.

By issuing these grants to local jurisdictions, GO-Biz aims to advance the well- being of populations and communities that have been negatively or disproportionately impacted by cannabis prohibition and the WoD.

The term “equity” recognizes that because different individuals or groups have different histories and circumstances, they have different needs and unequal starting points. Using an equity approach, individuals and groups receive different resources, opportunities, support, or treatment based on their specific needs. By providing what each individual or group needs, they can have equitable or fair outcomes. Therefore, cannabis equity programs should be distinct from other types of assistance programs by their focus and intentionality in understanding the specific systemic barriers and injustices different individuals or groups face when trying to access opportunity in the cannabis marketplace.

The City of Coachella is furthering the purpose and intent of the AUMA by fostering equitable access to licensure and business ownership in the regulated cannabis industry, ensuring that persons most harmed and economically disadvantaged by cannabis criminalization are offered assistance, and priority licensing when possible, to enter the multibillion-dollar cannabis industry as entrepreneurs. The City’s application will request $500,000 (no match requirement) to assist the jurisdiction’s equity applicants and equity licensees to gain entry to, and to successfully operate in, the state’s regulated cannabis marketplace and also assist with startup and ongoing costs.

ALTERNATIVES:

1. Adopt Resolution No. 2023-75 Authorizing State of California Cannabis Equity Act Grant Funding

2. Not Adopt Resolution No. 2023-75 Authorizing State of California Cannabis Equity Act Grant Funding

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FISCAL IMPACT:

According to Go-Biz grant guidelines, up to 10% of the grant funds may be allocated to cover the cost of setting up and managing the grant program and direct technical assistance. For that reason, the cost to the City to implement the grant program will be negligible.

ATTACHMENT:

Resolution No. 2023-75

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File No.: 4.CO.28-23

SUPPLEMENTAL AGREEMENT FOR THE USE OF
2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement (“Agreement”) is entered into this day of ______________, 2023, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF COACHELLA, herein called "CITY." COUNTY and CITY are collectively referred to as “Parties” and individually as “Party.” The COUNTY and CITY mutually agree as follows:

1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated December 2, 2020 (“Cooperation Agreement”), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds (“CDBG”), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated December 2, 2020, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein.

2. PURPOSE. CITY has been allocated $267,405 in CDBG Entitlement funds for the 2023- 2024 CDBG program year. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $267,405 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the “Projects”):

A) 4.CO.28-23 City of Coachella Home Enhancement Program, $267,405.

3. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2023, to termination on June 30, 2024.

4. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit(s) A, attached hereto and incorporated herein.

5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the

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time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.

6. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBGfunded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, attached hereto, prior to receiving written authorization from COUNTY to proceed.

7. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as “notices” and referred to singly as a “notice”) which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:

COUNTY CITY
Heidi Marshall, Director Gabriel Martin PhD, City Manager Riverside County HWS City of Coachella
P.O. Box 1528 53990 Enterprise Way
Riverside, CA 92502 Coachella, CA 92236

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8. DISBURSEMENT OF FUNDS.

A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A. It is the CITY’s responsibility to monitor all project activities set forth in the attached Exhibit(s) A, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.

B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY-approved, CDBG-funded Projects. CITY acknowledges that CITY’s drawdown performance directly impacts the COUNTY’s overall program drawdown rate. If the CITY’s unobligated CDBG fund balance, as of January 31, 2024, exceeds one hundred and seventy-five percent (175%) of the CITY’s 2023-2024 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY’s CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2024, to exceed the CDBG fund balance requirement.

C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY’s reimbursement request including documentation supporting expenditures.

D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1, 2024:

1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]

2. Clearance Activities [24 CFR 570.201 (d)]

3. Interim Assistance [24 CFR 570.201 (f)]

4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this

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Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. ”CFR” as used herein refers to the Code of Federal Regulations.

9. RECORDS AND INSPECTIONS.

A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.

B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year.

C. CITY shall maintain a separate account for the CITY’S CDBG Entitlement funds

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received as set forth in Exhibit(s) A attached hereto.

D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.

E. CITY shall not retain any program income as defined in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities.

F. The CITY shall ensure that at least fifty-one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate-income and meet the applicable household income guidelines.

The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, attached hereto. In the event that CITY engages the services of a sub-contractor to implement CDBGfunded activities, the CITY must collect, in writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, attached hereto.

10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit “S”, and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit “R”, attached hereto and incorporated herein by this reference, pertaining to inherently religious activities. Further, CITY must comply with the requirements of the

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Build America, Buy America (“BABA”) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the CITY’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Assistance”(88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless expected by a waiver. Finally, CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit “AFR”, and incorporated herein by this reference.

11. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2019-2024 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.

12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement.

13. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys’ fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence.

The hold harmless and indemnification obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is conflict between this clause and California Civil

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Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.

14. INSURANCE. Without limiting or diminishing the CITY’s obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds
a. Workers’ Compensation:

If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY’S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
b.1. If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
c. Vehicle Liability:

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If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self-insured retentions. If such selfinsured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the Country’s Risk Manager, CITY’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii). CITY shall cause CITY’S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate

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forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
(iv). It is understood and agreed to by the parties hereto that the CITY’S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention’s or self-insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

15. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and

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subcontractor’s) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

16. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.

CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."

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17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611.

B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY’S sole and absolute discretion. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).

F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making

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process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.

G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY.

18. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally-appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

19. TERMINATION.

A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).

B. COUNTY. Notwithstanding the provisions of Paragraph 19a above, COUNTY

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may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.

C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.

D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.

E. Reversion of Assets

1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.

2. Any real property under the CITY’S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a

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loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.

20. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.

21. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s)A, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements:

A. Title of program, listing of components, description of activities/operations.

B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals.

C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with household incomes at:
• Above 80% MHI
• Between 50% and 80% MHI (Low-Income)
• Between 30% and 50% MHI (Very Low-Income)

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• Less than 30% MHI (Extremely Low-Income)
2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female-Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to Housing and Workforce Solutions (HWS) on the pre-approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD’s Community Planning and Development (CPD) Outcome Performance Measurement System.

22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from HWS prior to implementing the following “high risk” activities funded with CDBG assistance:

A. Construction of public facilities (project plans and specifications); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development

23. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall obtain COUNTY's written approval, through its HWS, of the project plans, specifications, and construction documents prior to CITY’S construction of same for all projects consisting of CDBG-funded construction activities. The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review,

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inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.

It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation, and maintenance of such Improvements in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Property, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any profits from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.

24. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain COUNTY's written approval and authorization to proceed, through HWS, of all CDBG-funded real property acquisition activities.

25. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY’s Five Year Consolidated Plan. In addition, the following is to occur:

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a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be maintained by the CITY, for a minimum period of five (5) years from the date the CDBG-funded activity is closed-out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY’S Five Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior to the completion of the mandatory five-year period, for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then:
(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

26. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.

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27. SEVERABILITY. Each section, paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.

28. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.

29. MINISTERIAL ACTS. The Director of Housing and Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time-to-time by COUNTY.

30. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.

31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-23-UC-06-0506.

32. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.

33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

34. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its

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rights upon the default of the other party, shall not constitute a waiver of such party’s rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.

35. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction

36. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY’S subcontractor implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.

37. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.

38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.

39. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.

40. FORCE MAJEURE.

A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor

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or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.

B. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.

41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively.

42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Remainder of Page Intentionally Blank]
[Signatures on Following Page]

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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below.

COUNTY OF RIVERSIDE, CITY OF COACHELLA,
a political subdivision of the a General law City
State of California
BY: ____________________________ BY: _________________________ Michael Walsh, Name:

Deputy Director
Title:

Date: Date:

APPROVED AS TO FORM: ATTEST:

MINH C. TRAN

COUNTY COUNSEL
By: ____________________________ BY: _________________________ Paula S. Salcido, City Clerk
Deputy County Counsel

APPROVED AS TO FORM:

BY: __________________________
City Attorney

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EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith-based organizations in
HUD programs and activities.

Effective: May 4, 2016
(a) Purpose.

Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled “Equal Protection of the Laws for Faith–Based and Community Organizations,” as amended by Executive Order 13559 (issued on November 17, 2010, 75 FR 71319), entitled “Fundamental Principles and Policymaking Criteria for Partnerships With Faith–Based and Other Neighborhood Organizations,”, and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled “Establishment of a White House Faith and Opportunity Initiative,” this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. b) Definitions. The following definitions apply to this section:

Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub-grant, sub-award, or cooperative agreement). The recipients of sub-grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow-through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.

Federal financial assistance means assistance that non–Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.

Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Government-funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government-funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non-religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.

Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. (c) Equal participation of faith-based organizations in HUD programs and activities.

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Faith-based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization’s religious character, affiliation, or lack thereof, or on the basis of the organization’s religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization’s religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution; or
(3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith-based organizations are eligible for such opportunities. (d) Independence and identity of faith-based organizations. (1) A faith-based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith-based organization that receives Federal financial assistance from HUD does not lose the protections of law. (2) A faith-based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization’s name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization’s mission statements and other governing documents. (e) Explicitly religious activities.

If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD’s authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. (f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs.

If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is

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given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub-grant, sub-award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program’s statutory and regulatory provisions.
(g) Nondiscrimination requirements.

Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program. (h) No additional assurances from faith-based organizations.

A faith-based organization is not rendered ineligible by its religious nature to access and participate in HUD programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD-funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith-based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part. (i) Exemption from Title VII employment discrimination requirements.

A religious organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements. (j) Acquisition, construction, and rehabilitation of structures.

Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.

Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acquisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However,

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acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD–funded faith-based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.

Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. (k) Commingling of Federal and State, tribal, and local funds.

If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Federal financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs’ requirements govern any activity assisted under those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(l) Tax exempt organizations.

In general, HUD does not require that a recipient, including a faith-based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding.

Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined, the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual; (3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (l)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that the entity would otherwise qualify as a nonprofit organization under paragraphs (l)(1) through (4) of this section. (m) Rule of construction.

Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects.

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Credits
[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020] SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.

AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub.L. 109– 115, 119 Stat. 2936; Sec. 607, Pub.L. 109–162, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c–1(d), 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub.L. 109–115, 119 Stat. 2936; 42 U.S.C. 3600–3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704–12708; E.O. 11063, 27 FR 11527, 3 CFR, 1958–1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.

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EXHIBIT “S”

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Economic Opportunities for Low- and Very Low-Income Persons

CONTRACT REQUIREMENTS
24 CFR Part 75

RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act; (iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

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(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.

Section 75. 5 Definitions.

The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part

5. The following definitions also apply to this part:
1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.

Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project.

Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.

Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.

Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.

Professional services means non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial

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consulting, accounting services, environmental assessment, architectural services, and civil engineering services.

Public housing financial assistance means assistance as defined in §75.3(a)(1).

Public housing project is defined in 24 CFR 905.108.

Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.

Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business over the prior threemonth period are performed by Section 3 workers; or (iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.

Section 3 project means a project defined in §75.3(a)(2).

Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern.

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(iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.

Section 8-assisted housing refers to housing receiving project-based rental assistance or tenantbased assistance under Section 8 of the 1937 Act.

Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.

Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.

Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.

Targeted Section 3 worker has the meanings provided in §§75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.

Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.

YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).

Subpart C—Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:

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(i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide

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benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the

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total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or parttime employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

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(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients

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must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self-certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing;
(iii) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self-certification of participation in public housing or Section 8-assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(C) An employer's certification that the worker is employed by a Section 3 business concern; or

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(D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self-certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found

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EXHIBIT A
File No.: 4.CO.28-23

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SUPPLEMENTAL AGREEMENT

SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of Coachella UEI #: DZD1FWED7J53
ADDRESS: 53990 Enterprise Way

Coachella, CA 92236
PROGRAM CONTACTS: Gabriel D. Martin, City Manager
PHONE: 760-398-3502 FAX:

E-MAIL: [email protected]
PROJECT NAME: City of Coachella Home Enhancement Program PROJECT LOCATION: Various Locations within City of Coachella LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 570.202 (b)
PROJECT FUNDING SUMMARY: $267,405
Project to be administered by County (HWS) on behalf of City: YES NO II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2023-2024 Community Development Block Grant for the City of Coachella Home Enhancement Program in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity #1 The City of Coachella Home Enhancement Program will provide grants to rehabilitate stick-built and manufactured or modular homes, and owner-occupied single-family residences in the City of Coachella. HEP grants will only be used to assist low-income, qualified homeowners with exterior repairs. Eligible CDBG expenses will include design, construction, project management, compliance monitoring, and other related activities.

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EXHIBIT A
File No.: 4.CO.28-23

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B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program’s National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective:

National Objective Criteria: 570.208 (a)(3)
CFR Reference: Low Mod Limited Clientele-Housing Activities C. Levels of Accomplishment – Goals and Performance Measures The City agrees to implement and complete the following activity(ies):

Activity #1: Carry out Home Enhancement Activities

CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
Affordability
Sustainability (promoting livable or viable communities) D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.

City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient’s performance under this Agreement.

Any changes in the above items are subject to the prior approval of the County.

E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.

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EXHIBIT A
File No.: 4.CO.28-23

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F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $267,405 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.

Line Item CDBG Granted
Funds
Total of NonCDBG FundsTotal Activity/Project
Budget
Notes
Design/Engineering Costs X
Project Administration Costs X
Construction Costs X
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:

TOTAL CDBG BUDGET $267,405 $0 $267,405

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Item 14.

EXHIBIT A
File No.: 4.CO.28-23

Page 4 of 6 ends

G. Total Amount of Non- CDBG Leveraging

TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL

FEDERAL

STATE/LOCAL

PRIVATE
OTHER
TOTAL: _____$0[OS1]_____________
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

C. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

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Item 14.

EXHIBIT A
File No.: 4.CO.28-23

Page 5 of 6 ends

2. Records Retention
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low-moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County’s annual performance and evaluation report to HUD.

Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues.

3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

4. Disclosure
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The City’s obligation to the County shall not end until all close-out requirements are completed.

Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.

6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

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Item 14.

EXHIBIT A
File No.: 4.CO.28-23

Page 6 of 6 ends

IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:

Tasks / Milestone Start Date Completion Date
Complete CDBG Training September 2023 September 2023
Implement Project Activities Upon Notification from HWS Execute Supplemental Agreement September 2023 January 2024 & Notice to Incur Cost
Tasks / Milestone Start Date Completion Date
Submit Quarterly Performance Reports to County October 2023 Through June 2025 County Monitoring of City Program/Performance To be determined by Program Manager Specific Project Activities

1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter

2. HWS prepares final construction documents (incorporating Special Federal Provisions) for HWS review and approval

3. HWS authorizes advertisement for bids

4. HWS reviews and approves bidding process

5. HWS awards construction contract

6. HWS conduct “pre-construction meeting”

7. HWS authorizes issue of “Notice to Proceed”

8. HWS Submits Reimbursement Requests
Monthly Submittal
Other Schedule To be determined by Program Manager
CDBG-funded Project Complete June 15, 2025
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
It is required that County of Riverside HWS adhere to the Home Enhancement Program Policies, revised in July 2023.

Page 105 ends

Item 14.

RESOLUTION NO. 2023-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA ADOPTING RESOLUTION NO. 2023-76 TO APPROVE A

SUPPLEMENTAL AGREEMENT WITH THE COUNTY OF RIVERSIDE

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SUPPLEMENTAL AGREEMENT FOR THE USE OF FISCAL YEAR 2023- 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ENTITLEMENT FUNDS IN THE AMOUNT OF $267,405 FOR THE CITY

OF COACHELLA HOME ENHANCEMENT PROGRAM
WHEREAS, the County or Riverside and City of Coachella executed a Cooperation Agreement, dated July 1, 2023, whereby the City elected to participate with the County, which has qualified as an “Urban County” for purposes of receiving Community Development Block Grant, and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; WHEREAS, through this agreement, the City agreed to undertake and assist with the community development activities within its jurisdiction, by utilizing the sum of $267,405 CDBG Entitlement Funds for its City of Coachella Home Enhancement Program; WHEREAS, the purpose of this Supplemental Agreement between the City of Coachella and County of Riverside is to authorize the use of CDBG Entitlement Funds for fiscal year 2023- 2024 in the amount of $267,405 which reflects a proportional share of the County of Riverside’s entitlement allocation from the Department of Housing and Urban Development; WHEREAS, the City of Coachella submitted a CDBG application to the County of Riverside for its City of Coachella Home Enhancement Program and the application was subsequently approved by the County of Riverside Board of Supervisors; WHEREAS, the City of Coachella must comply with timely drawdown of CDBG entitlement funding by expeditiously implementing and completing the County-approved, City of Coachella Home Enhancement Program; The City must remain cognizant of the City’s drawdown performance as it directly impacts the County’s overall program drawdown rate. If the City’s unobligated CDBG fund balance, as of January 31, 2024, exceeds one hundred and seventy-five percent (175%) of the City’s 2023-2024 CDBG allocation, the County may, in its sole discretion, take the necessary administrative actions to reduce the City’s CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by County. The County may, in its sole and absolute discretion, authorize the City in writing, prior to January 31, 2024, to exceed the CDBG fund balance requirement.

WHEREAS, the term of the Supplemental Agreement for the implementation of the City of Coachella Home Enhancement Program is for the period of one (1) year from July 1, 2023 to termination on June 30, 2024; and

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Item 14.

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

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

Section 2. Title. Adopt Resolution No. 2023-76 to Approve a Supplemental Agreement with the County of Riverside and Authorize the City Manager to Execute the Supplemental Agreement for the Use of Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Entitlement Funds in the Amount of $267,405 for the City of Coachella Home Enhancement Program.

PASSED, APPROVED and ADOPTED this 13
th day of December, 2023.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Page 107 ends

Item 14.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-76 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of December, 2023, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Page 108 ends

Item 14.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Adopt Resolution No. 2023-76 to Approve a Supplemental Agreement with the County of Riverside and Authorize the City Manager to Execute the Supplemental Agreement for the Use of Fiscal Year 2023-24 Community Development Block Grant (CDBG) Entitlement Funds in the Amount of $267,405 for the City of Coachella Home Enhancement Program STAFF RECOMMENDATION:

Staff recommends that the City Council consider adopting Resolution No. 2023-76 approving a Supplemental Agreement with the County of Riverside and authorize the City Manager to execute the Supplemental Agreement for the use of fiscal year 2023-2024 Community Development Block Grant entitlement funds in the amount of $267,405 for the City of Coachella Home Enhancement Program.

BACKGROUND:

The County of Riverside and City of Coachella executed a Cooperation Agreement, dated July 1, 2023 for the Community Development Block Grant, Home Investment Partnership Program and Emergency Solutions Grant for fiscal years 2024-25, 2025-2026, and 2026-2027, whereby the City elected to participate with the County, which has qualified as an “Urban County” for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974.

Through this agreement, the City agreed to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $267,405, CDBG Entitlement Funds for the City of Coachella Home Enhancement Program for fiscal year 2023-2024. This allocation reflects a proportional share of the County of Riverside’s entitlement allocation from the Department of Housing and Urban Development (HUD). The City of Coachella submitted a CDBG application to the County of Riverside for the City of Coachella Home Enhancement Program; the application was subsequently approved by the County of Riverside Board of Supervisors.

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Item 14.

DISCUSSION/ANALYSIS:

The purpose of this Supplemental Agreement between the City of Coachella and County of Riverside is to authorize the use of CDBG Entitlement Funds for Fiscal Year 2023-2024 in the amount of $267,405 in accordance with the Housing and Community Development Act of 1974 (HCDA). The term of the Supplemental Agreement for the implementation of the City of Coachella Home Enhancement Program is for the period of one (1) year from July 1, 2023 to termination on June 30, 2024. Through this agreement, the City agrees to comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the County-approved, CDBG-funded Home Enhancement Program.

ALTERNATIVES:

1. Adopt Resolution No. 2023-76 to Approve a Supplemental Agreement with the County of Riverside and Authorize the City Manager to Execute the Supplemental Agreement for the Use of Fiscal Year 2023-24 Community Development Block Grant (CDBG) Entitlement Funds in the Amount of $267,405 for the City of Coachella Home Enhancement Program

2. Not Adopt Resolution No. 2023-76 to Approve a Supplemental Agreement with the County of Riverside and Authorize the City Manager to Execute the Supplemental Agreement for the Use of Fiscal Year 2023-24 Community Development Block Grant (CDBG) Entitlement Funds in the Amount of $267,405 for the City of Coachella Home Enhancement Program FISCAL IMPACT:

There is no fiscal impact as the City of Coachella is cooperating with the County of Riverside who will administer the program.

ATTACHMENTS:

1. Resolution No. 2023-76

2. Supplemental Agreement

Page 110 ends

Item 14.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Construction Contract with The Public Restroom Company in the amount of $998,100 for the procurement and installation of the Pre-Fab Buildings for the Bagdouma Park Restroom Projects– City Projects P-30 & P-32, CDBG Projects

4.CO.25-21 & 4.CO.27-22.

STAFF RECOMMENDATION:

Authorize the City Manager to execute a construction contract with The Public Restroom Company in the amount of $998,100 for the procurement and installation of the Pre-Fab Buildings for the Bagdouma Park Restroom Projects– City Projects P-30 & P-32, CDBG Projects

4.CO.25-21 & 4.CO.27-22.

BACKGROUND:

The County of Riverside and City of Coachella executed a Cooperation Agreement, dated July 1, 2018 for the Community Development Block Grant, Home Investment Partnership Program and Emergency Solutions Grant, whereby the City elected to participate with the County and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974.

On February 24, 2021 and November 10, 2021, City Council adopted Resolutions 2021-15 and 2021-69, respectively, approving a Supplemental Agreement with the County of Riverside for use of Community Development Block Grant (CDBG) funds for the Bagdouma Restroom Projects.

To expedite the projects and maximize funding the City is designing and will construct the two projects simultaneously. The project will add a restroom and concession stand by the soccer fields located on the southeast corner of Avenue 51 and Frederick Street and replace an existing restroom next to the sports courts located on the northeast corner of Avenue 52 and Frederick Street at Bagdouma Park.

Due to long lead times and to meet CDBG deadlines, City staff has separated the procurement of the pre-fab buildings. Separating the buildings from construction will also provide a costs savings.

A construction contract for the civil components will follow shortly and be completed by the time the buildings are completed.

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Item 15.

DISCUSSION/ANALYSIS:

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On November 8, 2023, the City issued the Notice Inviting Bids.

The project bid opening was held on December 4, 2023 at 2:00 pm, with two companies submitting bids for this project. The bid opening results are listed below:

Company Name: City: Responsive: Bid Amount:

The Public Restroom Company Minden, NV Responsive $998,100 Structure Cast Bakersfield, CA Non-Responsive N/A
The Notice Inviting Bids requested bids be sealed and delivered to Civic Center. Structure Cast submitted a bid via email and deemed non-responsive. Staff has reviewed the bids and has determined that The Public Restroom Company is the lowest responsive, responsible bidder. Staff recommends awarding the contract to The Public Restroom Company.

FISCAL IMPACT:

No Fiscal Impact to CIP FY 23/24 Budget. Procurement contract costs are within appropriated budget and shall be funded by Fund 210 (CDBG) in the amount of $611,800 and Fund 126 (Park DIF) in the amount of $386,300.

ATTACHMENT(S):

1. Construction Contract – The Public Restroom Company

2. Bid Summary

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
-105- CONTRACT FOR CONSTRUCTION

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this 13th day of December, 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 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Public Restroom Company, a s corporation, with its principal place of business at 2587 Business Parkway, Minden, Nevada 89423, 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:

BAGDOUMA PARK PRE-FAB BUILDING PROCUREMENT
CITY PROJECT NO. P-30 & P-32
CDBG PROJECT NO’s 4.CO.25-21 & 4.CO.27-22
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. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The delivery of the prefabricated buildings will be in accordance with the “Preliminary Schedule” provided by the Contractor with the Bid Submittal documentation. The Contractor shall complete all Work required by the Contract Documents within 15 Working Days from the final installation noted in the “Preliminary Schedule”, notwithstanding any delays caused by the City’s site improvement contractor. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

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 sum of Nine Hundred Ninety-Eight Thousand One Hundred Dollars ($998,100.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the

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Bagdouma Park Pre-Fab
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-106- CONTRACT FOR CONSTRUCTION
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 $1,000.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture, if the Project Improvements are not completed by the date set forth in the Invitation to Bid. 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 Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders

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Bagdouma Park Pre-Fab
Building Procurement
-107- CONTRACT FOR CONSTRUCTION
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.

SPECIAL FEDERAL REQUIREMENTS

1. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

2. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the

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Bagdouma Park Pre-Fab
Building Procurement
-108- CONTRACT FOR CONSTRUCTION
County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

3. Contractor shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a-276, a-5) and the implementation regulations thereof. Contractor shall comply with the U.S.

Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010). Contractor acknowledges that the applicable Wage Determination for this project is:

General Decision Number: CA20230025
Modification Number: 12
Date: November 17, 2023

4. Section 3 Compliance: The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

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Bagdouma Park Pre-Fab
Building Procurement
-109- CONTRACT FOR CONSTRUCTION
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).

Additional Federal Requirements
Whereas the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors, Consultants, and subconsultants agree to comply with, and are subject to, all applicable requirements as follows:

1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as

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Bagdouma Park Pre-Fab
Building Procurement
-110- CONTRACT FOR CONSTRUCTION
supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.

4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333: Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).

7. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

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-111- CONTRACT FOR CONSTRUCTION

10. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.

11. Access to Records and Records Retention: The Consultant or Contractor, and any subconsultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions.

The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
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Bagdouma Park Pre-Fab
Building Procurement
-112- CONTRACT FOR CONSTRUCTION
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:

Gabriel Martin
City Manager
ATTEST:

By:

Delia Granados, Deputy City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
INSERT CONTRACTOR’S NAME

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed
Name:

By:

Its:

Printed
Name:
822966B _____________________________
Contractor’s License Number and
Classification
1000005303___________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

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Bagdouma Park Pre-Fab
Building Procurement
-113- CONTRACT FOR CONSTRUCTION
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
-114-

PERFORMANCE BOND

BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, California 92236, (hereinafter referred to as the “City”) has awarded to Public Restroom Company, (hereinafter referred to as the “Contractor”) an agreement for Bagdouma Park Pre-Fab Building Procurement, City Project No’s. P-30 & P-32, CDBG Project No’s 4.CO.25-21 & 4.CO.27-22, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 13, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Nine Hundred Ninety-Eight Thousand One hundred DOLLARS, ($998,100.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

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

The obligations of Surety hereunder shall continue so long as any obligation of Contractor

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Bagdouma Park Pre-Fab
Building Procurement
-115-

PERFORMANCE BOND
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

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

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
-116-

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

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

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
-117-

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
-118-

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

END OF PERFORMANCE BOND

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
119 APPENDIX A
Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on _______date___________ , 2023, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Bagdouma Park Pre-Fab Building Procurement, City Project No’s. P-30 & P-32, CDBG Project No’s 4CO.25-21 & 4.CO.27-22 (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement

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Item 15.

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

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

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

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
121 APPENDIX A
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

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Item 15.

Bagdouma Park Pre-Fab
Building Procurement
122 APPENDIX A
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

END OF PAYMENT BOND

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Item 15.

Bid Summary
ITEM
NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ITEM PRICE TOTAL ITEM PRICE TOTAL 1 Prefabricated Concession Building 1 EA $ 300,000.00 $ 300,000.00 $ 348,338.00 $ 348,338.00 2 Prefabricated Restroom Building 2 EA $ 310,000.00 $ 620,000.00 $ 324,881.00 $ 649,762.00 Grand Total: $ 920,000.00 $ 998,100.00
Public Restroom Company
Bagdouma Restroom Upgrades Projects

CITY OF COACHELLA
BID OPENING: DECEMBER 4, 2023
Engineer's Estimate

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Item 15.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Resolution No. 2023-78, a Resolution of the City Council of the City of Coachella, California, Approving Final Parcel Map No. 37758 STAFF RECOMMENDATION:

Approve Resolution No. 2023-78, a Resolution of the City Council of the City of Coachella, California, Approving Final Parcel Map No. 37758.

DISCUSSION/ANALYSIS:

A final Parcel Map has been prepared by an appropriately licensed professional for Parcel Map No. 37758 in accordance with the approved Tentative Parcel Map 37758. On July 21, 2021, Planning Commission approved tentative Parcel Map 37758 for the subdivision of an approximately 9-acre parcel into two parcels located on the northeast corner of Van Buren Street and 51st Avenue (APN: 768-050-001). On August 25, 2021 City Council approved Resolution 2021-52, approving Tentative Parcel Map 37758 and subdivision of an approximately 9-acre parcel into two parcels for future development. The map is consistent with the General Plan 2035.

Final Parcel Map No. 37758 is in compliance with the conditions of approval and is in accordance with the Subdivision Map Act of the State of California.

Staff recommends that the City Council Approve the Final Parcel Map 37758.

FISCAL IMPACT:

The approval of this Parcel Map will have no fiscal impact to the City of Coachella.

Attachments:

1. Resolution No 2023-78

2. Final Parcel Map 37758

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Item 16.

RESOLUTION NO. 2023-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, APPROVING FINAL PARCEL MAP NO.
37758
WHEREAS, A final Parcel Map has been prepared by an appropriately licensed professional as Parcel Map No. 37758, subdividing of those certain lands identified on the approved Tentative Parcel Map No. 37758; and
WHEREAS, as a requirement of the Subdivision Map Act of the State of California, as it existed at the time of the approval of Tentative Parcel Map No. 37758, that map complied with said requirements; and
WHEREAS, the City Council of the City of Coachella deems it is in the best interest of the citizens of the City of Coachella, California, that this division of land is consistent with the goals and policies of the General Plan.

NOW, THEREFORE, BE IT RESOLVED, that this City Council does hereby approve said Final Parcel Map No. 37758, subject to posting required securities acceptable to the City within 120 days of adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 13th day of December 2023. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Item 16.

Resolution No. 2023-78

Page 2 ends

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023- was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of December 2023 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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Item 16.

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Item 16.

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Item 16.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Resolution No. 2023-79, a Resolution of the City of Coachella City Council Authorizing the Purchase of Right of Way for Conveyance of Real Property from Nika Royal, LLC For A Sales Price Of $35,000 Consisting of Parcel “A’ Lying in Parcel 4 of Lot Line Adjustment Recorded March 16, 1992 as Instrument No. 88259 in The City of Coachella, County of Riverside, State of California for the Avenue 50 Widening Project, City Project ST-93 (APN:768-163-001).

STAFF RECOMMENDATION:

Authorize Resolution No. 2023-79, a Resolution of the City of Coachella City Council Authorizing the Purchase of Right of Way for Conveyance of Real Property from Nika Royal, LLC For A Sales Price Of $35,000 Consisting of Parcel “A’ Lying in Parcel 4 of Lot Line Adjustment Recorded March 16, 1992 as Instrument No. 88259 in The City of Coachella, County of Riverside, State of California for the Avenue 50 Widening Project, City Project ST-93 (APN:768-163-001).

BACKGROUND:

On March 9, 2016 City Council authorized a reimbursement agreement by and between the City of Coachella and Coachella Valley Association of Governments (CVAG) for a total of $4,500,000 regional funds toward the design and construction of the Avenue 50 Widening Project. During the design and environmental phases of the project it was determined that the cost would exceed the initial budget estimate due to unforeseen drainage issues and complicated right-of-way acquisition procedures. On July 14, 2021, City Council authorized an amendment to the reimbursement agreement for the final plans, specifications and engineer’s estimate (PS&E) documents, right-ofway acquisition and construction for a total funding amount of $9,250,000.

DISCUSSION/ANALYSIS:

The project will widen the existing street and construct concrete curb and gutter within areas where none exists between Calhoun Street and Cesar Chavez Street. The finished project will complete the planned widening of Avenue 50 to two traffic lanes in each direction, and include pedestrian, bicycle and drainage facilities. These improvements require the acquisition of several properties along Avenue 50. The subject property was presented with a fair market appraisal of $35,000 and accepted. City staff recommends authorizing the City Manager to complete the purchase and

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Item 17.
acquisition of the right-of-way at the fair market appraised value purchase price of $35,000 including all escrow fees.

FISCAL IMPACT:

The Right-of-Way purchase for the Avenue 50 widening project has been budgeted and is included in the reimbursement agreement with CVAG. The existing reimbursement agreement splits cost under a 75% regional share/25% local share. The local share is budgeted by Measure A (Fund 117) and SB1 (Fund 109).

ATTACHMENTS:

1. Resolution No. 2023-79

2. Right of Way agreement

Page 138 ends

Item 17.

RESOLUTION NO. 2023-79

A RESOLUTION OF THE CITY OF COACHELLA CITY COUNCIL

AUTHORIZING THE PURCHASE OF RIGHT OF WAY FOR

CONVEYANCE OF REAL PROPERTY FROM NIKA ROYAL, LLC
FOR A SALES PRICE OF $35,000 CONSISTING OF PARCEL “A’
LYING IN PARCEL 4 OF LOT LINE ADJUSTMENT RECORDED
MARCH 16, 1992 AS INSTRUMENT NO. 88259 IN THE CITY OF

COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FOR THE AVENUE 50 WIDEING PROJECT (APN:768-163-012)
WHEREAS, on March 9, 2016 City Council entered into a reimbursement agreement with Coachella Valley Association of Governments (CVAG) for the design and environmental phase of the Avenue 50 widening project, City project ST-93; and WHEREAS, on July 14, 2021 City Council entered into amendment #1 of the reimbursement agreement with Coachella Valley Association of Governments (CVAG) for additional funds for the final plans, specifications, engineer’s estimate (PS&E) documents, right-of-way acquisition and construction; and
WHEREAS, in October 2021 City council authorized City Staff to negotiate a purchase price for the real property as stated herein; and
WHEREAS, City staff has negotiated a purchase and sale agreement with Nika Royal. LLC; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella that the foregoing Recitals are true and correct and are hereby adopted by the City of Coachella. Based on those Recitals, the City Council hereby finds and declares as follows:

SECTION 1. The City Council hereby designates and authorizes Coachella City Manager Gabriel Martin as City staff to execute the purchase parcel “A’ lying in parcel 4 of lot line adjustment recorded march 16, 1992 as instrument no. 88259 in the City of Coachella, County of Riverside, State of California, as further described in “Exhibit A” attached and made a part herein, for a sales price of $35,000 to the City of Coachella.

SECTION 2. The City staff is hereby authorized to execute any and all documents necessary to complete the land sales transaction to the city of Coachella for the stated sales price, and subject to escrow instructions to be prepared consistent with this authorization.

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Resolution No. 2023-79

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PASSED, APPROVED and ADOPTED this 13
th day of December 2023.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

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Resolution 2023-79

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-79 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13 th day of
December 2023 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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Resolution 2023-79

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Resolution No. 2023-79

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RESOLUTION NO. 2023-80

A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF BANNING, BEAUMONT, CATHEDRAL CITY,

COACHELLA, CORONA, DESERT HOT SPRINGS, HEMET, INDIO, JURUPA VALLEY, LAKE ELSINORE, MENIFEE, MORENO VALLEY,

PALM SPRINGS, PERRIS, CITY OF RIVERSIDE, TEMECULA AND THE COUNTY OF RIVERSIDE, CALIFORNIA, CONCERNING THE DISTRIBUTION OF 2023 JUSTICE ASSISTANCE GRANT (JAG) FUND AWARDS AND THE ADMINISTRATION AND USE OF SUCH FUNDS

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 5

CITY OF BANNING, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 6

CITY OF BEAUMONT, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 7

CITY OF CATHEDRAL CITY, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 8

CITY OF COACHELLA, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF CORONA, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF DESERT HOT SPRINGS, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF HEMET, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF INDIO, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF JURUPA VALLEY, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF LAKE ELSINORE, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF MENIFEE, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF MORENO VALLEY, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF PALM SPRINGS, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF PERRIS, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF RIVERSIDE, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 20

CITY OF TEMECULA, CA
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2023-80 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 13th day of December, 2023, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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Item 18.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Adopt Resolution No. 2023-80 Authorizing the City Manager to Execute an Interlocal Agreement Between the Cities of Banning, Beaumont, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Palm Springs, Perris, City of Riverside, Temecula, and the County of Riverside, California, Concerning the Distribution of 2023 Justice Assistance Grant (JAG) Fund Awards and the Administration and Use of Such Funds
STAFF RECOMMENDATION:

Staff recommends that the City Council considers adopting Resolution No. 2023-80 authorizing the City Manager to execute an Interlocal Agreement between the cities of Banning, Beaumont, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Palm Springs, Perris, City of Riverside, Temecula, and the County of Riverside, California, concerning the distribution of 2023 Justice Assistance Grant (JAG) fund awards and the administration and use of such funds.

BACKGROUND:

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states, territories, tribes, and local governments with critical funding necessary to support a range of law enforcement program areas. On July 24, 2023, per County of Riverside Board Policy A-30, the Sheriff’s Office notified the Executive Office of its intent to apply for JAG funding. On August 30, 2023, the Riverside Sheriff’s Office applied for $547,705 in grant funds from the U.S.

Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA), on behalf of 16 cities in Riverside County. On September 25, 2023, the Riverside Sheriff’s Office was notified that the grant application submitted under the 2023 BJA FY 23 JAG Program was approved in the amount of $547,705.

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DISCUSSION/ANALYSIS:

Due to a funding disparity, the County of Riverside will act as the fiscal agent that will administer the JAG grant and disperse grant funds to the 16 other eligible cities within Riverside County that includes the City of Coachella. The U.S. Department of Justice defines a funding disparity when a county and multiple municipalities, within that county, are all eligible for direct awards, but the sum of the awards for the individual municipalities exceeds 400 percent of the county’s award amount. The Interlocal Agreement between the Riverside Sheriff’s Office and the 16 cities has been approved by the County of Riverside Board of Supervisors at its meeting of November 7, 2023.

FISCAL IMPACT
This grant is federally funded through JAG and is 100% reimbursable. The Riverside Sheriff’s Office is expected to reimburse each of the agencies for their expenses upon receipt of their completed allowable purchases before requesting reimbursement from the DOJ.

The DOJ approved the County as the JAG fiscal agent and has allocated funding to the Department to administer the grant. As the fiscal agent, the Riverside Sheriff's Office will use $109,299 to fund an Administrative Services Analyst to manage the JAG program on behalf of the County and cities (subrecipients). The fiscal agent will conduct required federal monitoring activities, administer technical assistance, and conduct site visits with the JAG-funded subrecipients. The Sheriff’s Office will use $12,991 of the total funding allocation to train, gather, analyze, and integrate research to support grant proposals. Federal funding will supplement program management, administration, and training activities within the Sheriff's Grants Unit to support public safety projects. JAG funding is allocated to the Riverside Sheriff’s Office and 16 cities throughout Riverside County as follows:

Agency Allocation
Banning $9,812
Beaumont $10,977
Cathedral City $11,051
Coachella $9,143
Corona $19,674
Desert Hot Springs $19,377
Hemet $27,801
Indio $38,629
Jurupa Valley $23,168
Lake Elsinore $13,207
Menifee $10,887
Moreno Valley $60,829
Palm Springs $19,773
Perris $19,377
Riverside City $120,495
Temecula $11,225
Riverside County $122,290
TOTAL $547,705

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ATTACHMENTS:

1. 2023 JAG Interlocal Agreement

2. Resolution No. 2023-80

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STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Recommend approval of the Restated Memorandum of Understanding between for Library Operations at the Coachella Library and Coachella Library Annex between the City of Coachella and County of Riverside.

STAFF RECOMMENDATION:

Recommend approval of the Restated Memorandum of Understanding between for Library Operations at the Coachella Library and Coachella Library Annex between the City of Coachella and County of Riverside.

EXECUTIVE SUMMARY:

On October 19, 2022, the City of Coachella was notified it was awarded a grant for $4,568,807 from the California State Library Building Forward Grant Program (CSLBFGP) to renovate and upgrade its Library Annex building. To secure the awarded funds the CSLBFGP requested the City enter into a new MOU with the County to include the Library Annex. In October and November 2023, both the City Council and County Board of Supervisors approved the requested MOU. Since that time CSLBFGP has requested two additional edits to the approved MOU. Both changes are minor but required to meet CSLBFGP grant requirements. The two requested changes that are reflected in the Restated MOU (attached) are:
• Section 7 – Coachella Library Annex was added in addition to Coachella Library to the On-going Collection Development/Maintenance
• Paragraph 4 of the recitals is edited to removed use of work proposed.

FISCAL IMPACT:

None.

Attachment:

Revised MOU

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RESTATED MEMORANDUM OF UNDERSTANDING (MOU)

FOR LIBRARY OPERATIONS AT THE COACHELLA LIBRARY AND COACHELLA

LIBRARY ANNEX BETWEEN THE CITY OF COACHELLA AND THE COUNTY OF

RIVERSIDE
This Memorandum of Understanding (“MOU”) is made and entered into by and between the COUNTY OF RIVERSIDE (“COUNTY”), a political subdivision of the State of California, and the CITY OF COACHELLA (“CITY”), a municipal organization organized under the laws of the State of California.

RECITALS
WHEREAS, the COUNTY oversees the administration and operations of the Riverside County Library System (“RCLS”); and
WHEREAS, the COUNTY has entered into an agreement with Library Systems & Services, LLC, a Maryland limited liability company (“LS&S”), for contracted services for the RCLS for the provision of library services; and
WHEREAS, the COUNTY has been under an MOU with the CITY since October 20, 1998 to operate the Coachella Library, now located at 1500 Sixth St., Coachella, CA 92236; and WHEREAS, the CITY desires to enhance library services by establishing the Coachella Library Annex learning environment by converting the CITY-owned building located at 1538 Seventh Street, Coachella, California into the Coachella Library Annex and adding Coachella Library Annex Management; and
WHEREAS, the CITY and COUNTY mutually agree that library and Coachella Library Annex services will be provided by the COUNTY at the Coachella Library through LS&S.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and COUNTY agree as follows:

SECTION 1: TERM
This MOU shall take effect on __________________, 2024 and shall remain in effect through and including June 30, 2036 (the “Term”). The CITY or COUNTY may request an extension of this MOU with modified terms. If either the CITY or COUNTY desires to extend the

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Term of this MOU on modified terms, the CITY and COUNTY shall negotiate in good faith to extend this MOU. Unless otherwise agreed to by the CITY and COUNTY, any extension to this MOU would use the then-existing terms and conditions of the MOU as the floor of acceptable standards for the future library service. Any extension shall be memorialized as a written amendment to this MOU.

SECTION 2: HOURS OF OPERATION

2.1: COACHELLA LIBRARY. During the Term of this MOU, the Coachella Library located at 1500 Sixth Street, Coachella, CA 92236 shall operate a minimum of forty (40) hours per week. When requested by the CITY to operate more than forty (40) hours per week, CITY shall pay COUNTY one hundred ten dollars ($110) per hour for every hour exceeding forty (40) hours per week of library operations. The COUNTY will provide invoices for library services rendered on a semi-annual basis. Upon receipt of each invoice, the CITY will make payment for all undisputed fees within thirty (30) days. In the event that the CITY withholds payment, the COUNTY will take necessary actions to resolve the issue. If the CITY has any objections regarding the fees charged by the COUNTY for services performed under this Agreement, the CITY must provide written notice to the COUNTY within thirty (30) days of receiving the invoice, specifying the disputed fees.

The days and hours of operations shall be as follows:

Monday Closed
Tuesday 11:00 a.m. to 7:00 p.m.

Wednesday 11:00 p.m. to 7:00 p.m.

Thursday 10:00 a.m. to 6:00 p.m.

Friday 10:00 a.m. to 6:00 p.m.

Saturday 10:00 a.m. to 6:00 p.m.

Sunday Closed
The Coachella Library shall observe the COUNTY holiday schedule.

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2.2: COACHELLA LIBRARY ANNEX. During the Term of this MOU, the Coachella Library Annex will be located at 1538 Seventh Street, Coachella, California and will operate a minimum of twenty (20) hours per week. Operations, hours, programming, and compensation to COUNTY for the Coachella Library Annex will be memorialized in an amendment to this MOU after completion of the design of the Coachella Library Annex.

SECTION 3: STAFFING/SERVICES AND OPERATIONS/PROGRAMMING

3.1 COUNTY shall provide an adequate number of professional library staff persons for the efficient and effective operations of the Coachella Library and Coachella Library Annex. COUNTY currently provides library staff and library services at the Coachella Library through a separate agreement with LS&S. CITY acknowledges and agrees that staff and other services shall be provided to the Coachella Library and the Coachella Library Annex at an additional cost once completed through the COUNTY’s agreement with LS&S. COUNTY, using contract staff by LS&S, shall provide programming such as the literacy program, summer reading program, story time, and ESL classes.

3.2 Library and the Coachella Library Annex facilities will be used solely for the purpose of library services, housing an organized collection of printed or other library materials, operations, and programming provided by LS&S and approved by CITY. Any long-term existing use of the library space and future requests that add support to the library by any outside organization shall be approved by City Council; any short-term uses can be approved by the City Manager. This does not apply to programs occurring in the study rooms and meeting room that receive approval through a signed rental agreement. The Coachella Library Annex facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward Library Facilities Improvement Program will be dedicated to public library service and used as public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a

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combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than ten (10) years following completion of the grant period.

SECTION 4: MAINTENANCE
CITY shall provide adequate staff persons to provide all necessary janitorial services, landscape maintenance, and maintenance and repairs to the Coachella Library, the Coachella Library Annex, and appurtenant equipment and fixtures placed on the Coachella Library and the Coachella Library Annex. CITY shall keep the Coachella Library and the Coachella Library Annex in good and suitable condition for the uses herein, and in compliance with Federal, State and local laws, ordinances, rules and regulations relating to fire, health and safety, and CITY shall maintain the exterior and the interior of the Coachella Library and the Coachella Library Annex, including, but not limited to, pest control, air conditioning equipment, heating equipment, plumbing, electrical wiring and fixtures, windows, and structural parts, grounds, in good working condition and repair and in compliance with such laws, ordinances, rules and regulations.

SECTION 5: SECURITY SYSTEMS
CITY shall administer cyber keys that provide door access and support various levels of security to the Coachella Library and the Coachella Library Annex. These cyber keys shall be issued to COUNTY by CITY’s Information Systems (“IS”) Department.

SECTION 6: VOICEMAIL SERVICES
The Coachella Library telephones shall be answered by a live library staff member or voicemail system during the Coachella Library operational hours.

SECTION 7: ON-GOING COLLECTIONS DEVELOPMENT/MAINTENANCE COUNTY shall provide collections development for the Coachella Library and Coachella Library Annex on an annual basis. COUNTY shall provide maintenance of the Coachella Library and Coachella Library Annex collections consistent with professional library practices. This shall include, but not be limited to, procurement, processing, mending and de-accessioning of the collections.

SECTION 8: FURNITURE, FIXTURES AND EQUIPMENT

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8.1: LIBRARY FURNITURE, FIXTURES AND EQUIPMENT. County shall own and maintain all furniture and equipment in the Coachella Library.

8.1.1: MAINTENANCE OF LIBRARY FURNITURE, FIXTURES AND
EQUIPMENT. COUNTY shall be responsible for the maintenance, repair, and replacement of the furniture, fixtures, and equipment used for library operations and staff functions.

8.2: COACHELLA LIBRARY ANNEX FURNITURE, FIXTURES AND
EQUIPMENT. Upon purchase and installation, CITY shall own and maintain all furniture, fixtures, and equipment in the Coachella Library Annex.

8.2.1: MAINTENANCE OF COACHELLA LIBRARY ANNEX
FURNITURE, FIXTURES AND EQUIPMENT. Upon project completion, CITY shall be responsible for the maintenance, repair, and replacement of the furniture fixtures, and equipment used for the Coachella Library Annex operations and staff functions.

SECTION 9: UTILITIES
The following utilities shall be in the CITY’s name and CITY shall be responsible for the payment of utility costs to include electricity, gas, sewer and solid waste disposal services, water, and telephone services, associated with the operations of the Coachella Library and the Coachella Library Annex. Internet services will be provided by COUNTY to the designated library area of the facilities and CITY will provide internet and phone utility services for the conference area of the facilities.

SECTION 10: INDEMNIFICATION AND HOLD HARMLESS
A. Indemnification by CITY. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of CITY, its officers, agents, employees or volunteers for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this MOU, and CITY shall defend at its expense, including attorney fees, COUNTY, its officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions.

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However, this duty to indemnify and hold harmless shall not include and claim arising from the sole negligence or willful misconduct of the COUNTY, its officers, agents, employees and independent contractors.

B. Indemnification by COUNTY. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY and its officers, agents, employees or volunteers for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this MOU, and COUNTY shall defend at its expense, including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. However, this duty to indemnify and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the CITY, its officers, agents, employees and independent contractors.

SECTION 11: INDEPENDENT CONTRACTOR
A. COUNTY is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its officers, employees, agents, or volunteers shall have control over the conduct of COUNTY or any of COUNTY's officers, employees, or agents except as set forth in this MOU. COUNTY shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of CITY.

COUNTY shall not incur or have the power to incur any debt, obligation or liability whatsoever against CITY, or bind CITY in any manner.

B. No employee benefits shall be available to COUNTY in connection with the performance of this MOU. Except for the fees paid to COUNTY as provided in this MOU, CITY shall not pay salaries, wages, or other compensation to COUNTY for performing services hereunder for CITY.

SECTION 12: INSURANCE

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Both COUNTY and CITY maintain programs of self-insurance. In the event either party shall cease such program, then that party shall be required to procure insurance which would be typical for its obligations under this MOU.

SECTION 13: NOTICES
Any notices which either party may desire to give to the other party under this MOU must be in writing and may be given either by (i) personal service (ii) delivery by reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing the date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided below.

To City:

City of Coachella
Attention: City Manager
53-990 Enterprise Way
Coachella, CA 92236
To County:

County of Riverside
Attention: Suzanne Holland
3403 10th Street, Suite 400
Riverside, California 92501
SECTION 14: GENERAL
A. Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the Coachella City Council and the Riverside County Board of Supervisors.

B. No waiver by either party at any time of any of the terms and conditions of this MOU shall be deemed or construed as a waiver at any time thereafter of the same or of any other

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terms or conditions contained herein or of the strict and timely performance of such terms and conditions.

C. Neither party can assign, sublet, mortgage, hypothecate or otherwise transfer in any manner any of its rights, duties, or obligations hereunder to any person or entity without the written consent of the other party being first obtained, which consent shall be in the absolute discretion of that party.

D. The invalidity of any provision in this MOU as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

E. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this MOU shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

F. The section headings herein are for the convenience of the parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this MOU.

G. Both parties shall maintain the confidentiality of all information and records pertaining to privacy and confidentiality, and comply with all other statutory laws and regulations relating to privacy and confidentiality.

H. Both parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this MOU and the satisfaction of the conditions of this MOU. Approvals required by any party, or any officers, agents or employees thereof, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time.

G. The MOU is hereby executed by the following authorized representatives of the CITY and COUNTY.

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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed the day and year first above written.

CITY OF COACHELLA, a California COUNTY OF RIVERSIDE, a political municipal corporation subdivision of the State of California By: ____________________________ By: ____________________________ Steven Hernandez, Mayor Kevin Jeffries, Chairman
Board of Supervisors
ATTEST: ATTEST:

Clerk to the Board
By: ____________________________ By: ____________________________ City Clerk Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By: ____________________________ By: ____________________________ City Attorney Ryan Yabko, Deputy County Counsel

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Item 19.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Rene Rosales, Code Compliance Manager
SUBJECT: Adopt Resolution No. 2023-82, Approval of Towing Services For Inoperable and Abandoned Vehicles Pursuant to the City’s Abandoned Vehicle Abatement Program
STAFF RECOMMENDATION:

Adopt Resolution No. 2023-82, approving of towing services for inoperable and abandoned vehicles pursuant to the city’s abandoned vehicle abatement program that includes:

1. Approval of Silverado Towing for the removal of abandoned and inoperable vehicles

2. Authorization of the City Manager to execute the agreement on behalf of the City.

BACKGROUND:

In 1990, the California State Legislature enacted legislation allowing for the creation of countybased vehicle service authorities, pursuant to the provisions of Vehicle Code Section 22710. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed and imposed a one-dollar vehicle registration fee on vehicles registered to all owners with addresses in the County of Riverside.

The City of Coachella has been a member of the service authority since July 2012; the City of Coachella has received approximately $696,565 in disbursements from the Riverside County Abandoned Vehicle Abatement Service Authority for code compliance officers’ staff time in abating abandoned, wrecked, dismantled or inoperative vehicles within the City.

Discussion/Analysis:

Pursuant to the vehicle disposal strategies outlined in California Vehicle Code Sections 22662 and 22851.3, each jurisdiction must have a contractual agreement for the removal and disposal of abandoned, wrecked or inoperable vehicles to a facility operated by licensed auto dismantlers or scrap iron processors. Silverado Towing meets the requirements outlined in the vehicle code to remove and dispose such type of vehicles. Silverado Towing is an approved business by the

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Item 20.

California Highway Patrol and other local law enforcement agencies for towing services.

Therefore, staff recommends the City Council approve Silverado Towing for towing services to remove abandoned and inoperable vehicles as authorized in City of Coachella Municipal Code Chapter 10.20.

FISCAL IMPACT:

There is no direct fiscal impact to the City; the Riverside County Abandoned Vehicle Abatement Service Authority will reimburse the city for all fees under the program guidelines.

ALTERNATIVES:

1. Adopt Resolution No. 2023-82 as proposed.

2. Adopt Resolution No. 2023-82 with additional City Council recommendations/modifications.

3. Deny Resolution No. 2023-82.

RECOMMENDED ALTERNATIVE(S):

Staff recommends that the City Council approve Alternative #1 ATTACHMENTS:

1. Resolution No. 2023-82 Approving Abandoned Vehicle Abatement Program Towing Service

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Item 20.

RESOLUTION NO. 2023-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA APPROVING ABONDONED VEHICLE

ABATEMENT PROGRAM TOWING SERVICE
WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 99507 and 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles, and WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof, and WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710, and
WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Service Authority program was set to expire in May 2024, and
WHEREAS, the Legislature amended California Vehicle Code § 92507 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board ofsupervisors of the county, by a two- thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee, and WHEREAS, the City of Coachella in March 2023 adopted Resolution No. 2023-14, approving the extension of the service fee collected on behalf of Riverside County Abandoned Vehicle Abatement Service Authority until May 14, 2034, and
WHEREAS, the City of Coachella will be contracting with Silverado Towing for the removal of the abandoned and inoperable vehicles.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Coachella, California approves towing services for inoperable and abandoned vehicles pursuant to the City’s Abandoned Vehicle Abatement Program.

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Item 20.

PASSED APPROVED and ADOPTED this 13th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Steven A. Hernandez
Mayor
ATTEST:
______________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
_____________________________
Carlos Campos
City Attorney

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Item 20.

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2023-82 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on this 13th day of December 2023 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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Item 21.

STAFF REPORT
12/13/2023
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel D. Martin, City Manager
SUBJECT: Approve and Authorize the City Manager to Execute a Professional Services Agreement with Deaztlan Consulting for Media, Video and Event Production Services in the Amount of $27,500
STAFF RECOMMENDATION:

Staff recommends that the City Council approve and authorize the City Manager to execute a professional services agreement with Deaztlan Consulting for media, video and event management services in the amount of $27,500 for the Coachella Prospera project.

BACKGROUND:

TCC’s Round 5 NOFA made $88.5 million available for three (3) Implementation Grant awards at $29.5 million each. In Round 5, TCC received six (6) Implementation Grant applications.

Applications represented communities from the Inland Empire, Central Valley, San Diego, Sacramento, and the Los Angeles area. The City of Coachella submitted an application proposal to the TCC program called, Coachella Prospera. The Coachella Prospera proposal includes the following projects and plans:
 Equitable Housing and Neighborhood Development
 Transit Access and Mobility
 Solar Installation and Energy Efficiency
 Urban Greening and Green Infrastructure
 Health Equity and Well Being
 Displacement Avoidance Plan
 Community Engagement Plan
 Workforce Development and Economic Opportunity Plan
 Climate Adaptation and Resilience Plan

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DISCUSSION/ANALYSIS:

Deaztlan Consulting is a media, governmental affairs and public relations firm who will provide its expertise to create a meaningful and memorable experience as the City prepares to make its grant funding announcement. Deaztlan Consulting will be responsible for videos, audio visual design, creating scenic sets, digital displays, on-site broadcasting, logo design, website content, social media hosting, and other design collateral (i.e. invitation, program, step and repeats, roll up banners, and swag) that will be associated with the Coachella Prospera project.

FISCAL IMPACT
Funding for these services will be through the General Fund.

ALTERNATIVES:

1. Approve and Authorize the City Manager to Execute a Professional Services Agreement with Deaztlan Consulting for Media, Video and Event Production Services in the Amount of $27,500

2. Do Not Approve and Authorize the City Manager to Execute a Professional Services Agreement with Deaztlan Consulting for Media, Video and Event Production Services in the Amount of $27,500
ATTACHMENTS:

1. Professional Services Agreement

2. Proposal

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Item 22.
1 80237.00000\19870870.1

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ___ day of December, 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 53390 Enterprise Way, Coachella, California 92236 (“City”) and Deaztlan Consulting, a private corporation with its principal place of business at 78115 Calle Estado, #206, , La Quinta, CA 92253 (“Consultant”). The City and Consultant are sometimes individually referred to 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 media and public relations services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

The City desires to engage Consultant to render such services for the Coachella Prospera (“Project”) located at 53990 Enterprise Way, Coachella, CA 92236, as set forth in this Agreement. The total compensation shall not exceed Twenty-Seven Thousand Five Hundred Dollars ($27,500). Extra Work may be authorized, and if authorized, will be compensated at the rates and manner 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 art mural services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from December 13, 2023 to January 31, 2024 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and

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Item 22.
2 deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of the City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, the City shall respond to Consultant’s submittals in a timely manner. Upon request of the City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 Substitution of Key Personnel. Consultant has represented to the 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 the City. In the event that the City and Consultant cannot agree as to the substitution of key personnel, the City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Tizoc Deaztlan, Owner.

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Coachella City CouncilDecember 13, 2023

Coachella City Council
December 13, 2023