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
February 28, 2024
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.
Agenda City Council Closed Session and Regular Meeting February 28, 2024
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 Attorney
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case RECONVENE REGULAR MEETING: - 6:00 P.M.
PLEDGE OF ALLEGIANCE:
CLOSED SESSION ANNOUNCEMENTS:
PROCLAMATIONS/PRESENTATIONS:
3. Audit 2022-23 Presentation - The Pun Group LLP
4. Coachella Immigrant Families Recovery Program Update by Mission Asset Fund
5. Proclamation - Riverside County Arts and Culture Month
6. Discussion on Field Allocation and Community Field Use Program WRITTEN COMMUNICATIONS:
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)
7. Regular Meeting Minutes of February 14, 2024, 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
Agenda City Council Closed Session and Regular Meeting February 28, 2024
8. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of February 28, 2024, $7,298,014.31
9. Provide Staff Direction on Sponsorship Request received from Culturas Music-Arts for Their 11th Annual Women Rising Event in the amount of $5,000
10. Approve Resolution 2024-06 adopting the Local Hazard Mitigation Plan as Required by the Federal Disaster Mitigation and Cost Reduction Act 2000
11. Award Amendment No. 2 to construction agreement with WGJ Enterprises Inc. (dba PCI) for the FY 2023- 26 On-Call Striping Contract Project No. 083122 to extend their term through June 30, 2024
12. Authorize the City of Coachella City Manager to Finalize and Execute a Cooperative Agreement between the City of Coachella and the Twenty Nine Palms Mission Indians For Improvements to Dillon Road and Authorize $1,658,329.99 fund transfer from the General Fund (Fund 101) to Road Maintenance -Dillon Road (Fund 108)
13. Award a Contract to Deckard Technologies, Inc., of San Diego, California, for Short Term Rental Monitoring, Compliance, Enforcement, and Tax Collection Services in the Amount of $27,750
14. Authorize City Manager to approve Change Order No. 1 and approve Notice of Completion for City Project No. LL-01 & LL-05, accept project as complete and direct City Clerk to record the Notice of Completion.
15. Approve resolution 2024-07 authorizing application for Tropical Storm Hilary public assistance and designating agents to act on the City's behalf.
16. Authorize the City Manager to Execute Extra Work with Dudek for Total Compensation not to Exceed $407,215.00 in Calendar Year 2024.
17. Authorize the City Manager to sign the “Software as a Service Agreement” with Tyler Technologies, Inc.
18. Authorize a Community-Based Grant to Líderes Campesinas in the Amount of $5,000 to Fund Travel Expenses to the State Capitol for Legislative Advocacy Efforts NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
19. Provide staff direction on sponsorship request received from Celebration Nation Inc for the 2024 Farmchella event, in the amount of $30,000.
20. Approve a Commercial Corridor Façade Improvement Grant Program in the Amount of One-Million Dollars ($1,000,000) from the General Fund to Beautify and Revitalize Commercial Properties Along Cesar Chavez Street Between Avenue 52 and Sixth Street
21. Adopt Resolution No. 2024-08 Authorizing the City of Coachella to Make a Funding Commitment in Support of the Blue Zones Project Riverside County Initiative Sponsored by Riverside University Health System and Authorize the City Manager to Execute the Funding Commitment Agreement in the Lump Sum Amount of $200,000
Agenda City Council Closed Session and Regular Meeting February 28, 2024
22. Proposal for Coachella Sanitary District Headworks Screening Improvements for on-call Professional Services with Dudek in the amount of $144,825.00.
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
23. Adopt Ordinance No. 1209 “Sidewalk Vendor Regulations” and Resolution No. 2024-02 “Sidewalk Vendor Application Fee” – proposed amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and adding Chapter 12.50 to the Coachella Municipal Code Amendments regarding sidewalk vending regulations in compliance with Senate Bill 946. City-Initiated (Continued from February 14, 2024)
PUBLIC COMMENTS (NON-AGENDA ITEMS):
The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
City Manager’s Comments.
ADJOURNMENT:
Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES
Coachella
Immigrant
Families Recovery
Program (IFRP)
February 28, 2024
Item 4.
Joanna Cortez Hernandez
Chief Innovation Officer
Meet the presenter
Item 4.
Immigrant Families
Recovery Program
COVID devastated their
financial lives, forcing
immigrant families to use all
their savings and drive up
debts. The City of Coachella
and MAF partnered to
create Coachella IFRP to
help immigrant families in
the city rebuild their
financial lives faster.
Item 4.
140 immigrant
families will receive
$400 monthly for up to
24 months.
Financial Support
Including group, peer, and
one-on-one financial
education with a selfadvocacy lens.
Financial Services
Developing evidence to
show the impact of serving
the specific needs of
immigrant families.
Evaluation
Item 4.
Partnerships
San Mateo County, Daly
City, and the City of
Coachella.
Program highlights
Disbursements
$734,800 has been
disbursed in
Coachella so far.
Participants
Data points collected on
140 families participating
in the program.
Item 4.
Coachella Insights
Item 4.
In Coachella, the average
participant household earns
$2,700 per month for four people.
20 – 29 13%
30 – 39 42%
40 – 49 32%
50+ 13%
SSN 43%
ITIN 43%
None 14%
Unbanked 53%
Late Bills 34%
Uninsured 26%
Credit Invisible 18%
Age Tax ID Challenges
Item 4.
Among the Coachella cohort at
the beginning of the program...
25% had their
utilities shut off
due to late bills
20% had no
assets (car, home,
etc.)
29% either
skipped meals or
ate less
Item 4.
In the Coachella cohort:
Missed COVID relief totaling
$844,400 in direct federal
stimulus payments.
This is about ~ $10,600 per family
26% receive no government
benefits at all.
This increases to 34% among those
without an SSN.
29% receive support from WIC
<5% receive assistance from
other social safety net programs
Item 4.
Using every tool to meet their
financial needs
10% sold assets &
personal items to
pay their bills
57% relied on
loans from friends
& family
49% negotiated
rental payments
with their landlords
Item 4.
Mobilizing communities
through research
MAF's IFRP research is ongoing and evolving.
It is rooted in the lived experiences of
immigrants, providing valuable insights for
shaping conversations at various levels.
Stay tuned for an upcoming invitation to our
next IFRP webinar in March. Meanwhile,
explore our blogs and past webinar recordings
for insights as we strive to build a fair and just
world for the families we serve.
Item 4.
STAY CONNECTED
www.missionassetfund.org/ifrp/
@MissionAssetFund.org
@MAFpajarito
@MissionAssetFund
Item 4.
Thank you!
Item 4.
PROCLAMATION
TO RECOGNIZE AND HONOR
Riverside County Arts &
Culture Month
WHEREAS, Riverside County has emerged as a leader in Arts and Culture; and
WHEREAS, the encouragement of local artists and the steadfast support of the arts community are deemed essential for elevating the quality of life in Riverside County and fostering economic stimulation through tourism, arts and innovation; and
WHEREAS, our vibrant arts and culture scene has been cultivated through extensive partnerships with local nonprofits, private corporations, cities, and strategic allies, collectively contributing to Riverside County's leadership in the arts; and
WHEREAS, a cultural landscape that bolsters the arts and culture community in Riverside County is crucial not only for promoting tourism throughout the County but also for enriching the lives of our residents; and WHEREAS, the County of Riverside values a dynamic atmosphere that fosters innovation, education, and outreach within the local art community, recognizing these as vital components for the success, health, and advancement of our county.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED that the City Council of the City of Coachella do hereby proclaim the month of March 2024 as “Riverside County Arts & Culture Month” to continue encouraging the arts in our communities and the region.
Item 5.
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 February 14, 2024
5:00PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:
Coachella City Hall
Council Chamber
1515 Sixth Street
Coachella, CA
If you would like to attend the meeting via Zoom, here is the link:
https://us02web.zoom.us/j/88457271898?pwd=REdzU1NoQmpVSFhWTDVaZ0VCekYxdz09 Or One tap mobile : 16699006833,,88457271898#,,,,*606140# Or Telephone:
US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
Public comments may be received either in person, via email, telephonically, or via Zoom with a limit of 250 words, or three minutes:
o In Real Time:
If participating in real time via Zoom or phone, during the Public Comment Period, use the “raise hand” function on your computer, or when using a phone, participants can raise their hand by pressing *9 on the keypad.
o In Writing:
Written comments may be submitted to the City Council electronically via email to [email protected]. Transmittal prior to the start of the meeting is required. All written comments received will be forwarded to the City Council and entered into the record. o If you wish, you may leave a message at (760) 262-6240 before 5:30 p.m. on the day of the meeting. The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.
Item 7.
Minutes City Council Closed Session and Regular Meeting February 14, 2024
CALL TO ORDER: - 5:00 P.M.
ROLL CALL:
Mayor Hernandez received notice from Councilmember Galarza that he will not be attending Closed Session.
Present: Councilmember Dr. Figueroa, Councilmember Delgado (arrived at 5:02 p.m.), Councilmember Galarza (arrived at 6:00 p.m), and Mayor Hernandez
City Clerk Zepeda, City Treasure Aviles via Zoom
Absent: None
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” City Manager Martin requested moving item #4 RCTC Presentation to the March 27, 2024 City Council meeting.
PUBLIC COMMENTS (CLOSED SESSION ITEMS):
None
ADJOURN TO CLOSED SESSION:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) (1) Title: City Attorney
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case RECONVENE REGULAR MEETING: - 6:00 P.M.
The City Council reconvened into open session at 6:00 p.m.
PLEDGE OF ALLEGIANCE:
City Manager Martin led the Pledge of Allegiance.
CLOSED SESSION ANNOUNCEMENTS:
City Attorney Campos made the announcement regarding item 2 in Closed Session. The City Council approved and gave direction to initiate litigation, the specifics were disclosed.
Item 7.
Minutes City Council Closed Session and Regular Meeting February 14, 2024
PROCLAMATIONS/PRESENTATIONS:
3. Project Update: Pavement Management Systems
The Council provided staff direction.
4. Riverside County Transportation Commission (RCTC) Traffic Relief Plan Presentation This item was moved to the March 27, 2024 City Council meeting.
WRITTEN COMMUNICATIONS:
City Clerk Zepeda said that she had written comments for item #13 and under Public Comments.
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.)
5. Regular Meeting Minutes of January 24, 2024, 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
6. Investment Report – November 30, 2023
7. Professional Service Agreement with MIG to provide the City with an American with Disabilities Act (ADA) Self-Evaluation and Transition Plan (SETP) for $84,093.
8. Authorize the City Manager to Execute a Cooperative Agreement with Riverside County Transportation Commission For the Coachella Rail Station Feasibility Study
9. Authorize City Manager to Execute a Letter Agreement with Zambelli Fireworks for a Special Event Pyrotechnic Program for the City’s 2024 Fourth of July Program in the Amount not to Exceed $50,000
10. Approve a Budget Allocation of $10,000, to add a New Special Event to the 2024 Event Calendar to Recognize Migrant Farmworkers in Recognition of Cesar Chavez Day
11. Authorize Operation of a Beer Garden on Saturday, March 23, 2024 From 5pm-9pm at Veterans Memorial Park for the 2024 Coachella Mariachi Festival
12. Authorize the Purchase of 200 (¾” x 7-1/2”) Master Meters for an Amount not to Exceed $56,850.00
13. Adopt Resolution No. 2024-05 Authorizing State of California Cannabis Equity Act Grant Funding
14. Ordinance No. 1207 Increasing City Council Compensation Pursuant to Senate Bill 329 (Second Reading)
Item 7.
Minutes City Council Closed Session and Regular Meeting February 14, 2024
Motion: To approve the Consent Calendar.
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Virgen
Approved: 5-0, Unanimous roll call vote:
AYES: Councilmember Delgado, Councilmember Dr. Figueroa, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
15. Approve a Budget Allocation of $25,000 to add a new Special Event for the 2023/2024 Fiscal Year on March 30, 2024; the 2024 Coachella Women’s Summit
Motion: To approve staff recommendation.
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Virgen
Approved: 5-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
16. Authorize the City Manager to Execute Letter Purchase Agreements for Eighteen (18) Model Y Teslas, for $1,064,264.10 and Tesla Wall Connector License Agreement for Four Wall-Charging Units Motion: To approve staff recommendation.
Made by: Councilmember Galarza
Seconded by: Councilmember Dr. Figueroa
Approved: 5-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
Item 7.
Minutes City Council Closed Session and Regular Meeting February 14, 2024
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
17. Adopt Resolution No. 2024-01 Authorizing the City Manager to Submit an Application to the County of Riverside for the Fiscal Year 2024-25 Community Development Block Grant Program Entitlement Funds in the Amount of $267,405 for the City of Coachella Home Enhancement Program Mayor Hernandez opened the public hearing at 6:39 p.m. and closed it at 6:39 p. m. with no public comment.
Motion: To approve staff recommendation.
Made by: Councilmember Galarza
Seconded by: Mayor Hernandez
Approved: 5-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
18. Adopt Ordinance No. 1209 “Sidewalk Vendor Regulations” and Resolution No. 2024-02 “Sidewalk Vendor Application Fee” – Proposed Amendments to Sections 5.04.380, 8.040.010, and 12.04.030 of the Coachella Municipal Code and Adding Chapter 12.50 to the Coachella Municipal Code Amendments regarding sidewalk Vending Regulations in Compliance with Senate Bill 946. City-Initiated Mayor Hernandez thanked everyone who participated in the process as well as the Planning Commission.
Mayor Hernandez opened the public hearing at 7:01 p.m and the public hearing was closed at 7:09 p.m.
City Clerk Zepeda mentioned that she received two emailed public comments from Alejandro Meza Aguilar and Ellen Reese that came in on February 13, 2024 in favor of this item.
Alejandro Meza Aguilar, Bryan Lopez (Taco Titan) via Zoom, Manuel Montano, Ignacio Velasquez, provided public comments on this item.
Motion: To continue this item.
Made by: Councilmember Dr. Figueroa
Seconded by: Mayor Pro Tem Virgen
Approved: 5-0, Unanimous roll call vote:
Item 7.
Minutes City Council Closed Session and Regular Meeting February 14, 2024
AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: 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.
Manuel Montano (CVSL President), Ignacio Velasquez, Porfirio Burgoin, Marco Zamudio (CVSL VP) who put a petition together and collected 489 parent signatures, Pedro Sanchez, Julian Plascencia, made comments regarding the fields at Rancho Las Flores.
City Clerk Zepeda mentioned that she had one more written public comment sent on January 24, 2024 from Francis Fernandez, Senior Public Affairs Specialist/Media Coordinator from South Coast Air Quality. Because it is under the 240 words, she read the comment for the record she also attached a flier.
Mayor Hernandez closed the public comment.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
Councilmember Figueroa had his Mosquito Vector Control meeting this week. He reminded people that with all the rain they had, make sure to toss out any water because mosquitoes do breed. He recommending for the City Manager to set up a tour at the Mosquito Vector Control office to see how the City can partner with them.
He toured the Legacy Borrego DAP Health Clinic today and he want to make sure how they can emphasize the usage of that clinic. He attended the CVAG Public Safety meeting week. He took a tour of the Indio Public Safety Campus. He has some items for Mayor Pro Tem Virgen about the Women’s Conference and he will email them to her.
Councilmember Delgado mentioned that back to the small business policy or ordinance, she requested for the City Manager Martin to bring this back to the Council. She has been asking for three years. There is $500,000 to support the small business community. She would like to put together how they can distribute it. Like Councilmember Virgen, she has spent a lot of time on it. There are some folks here who participated in the small business community meeting. Some businesses were hit hard during the pandemic. These are serious issues that were affected. Councilmember was part of this discussion too. She would like to meet with City Manager Martin. She made comments regarding the soccer league.
Councilmember Galarza made comments regarding the soccer leagues. He requested a comparison between the two leagues and noticed that there was no equality. He reviewed the information with the public. He requested
Item 7.
Minutes City Council Closed Session and Regular Meeting February 14, 2024
further discussion prior to implementing taking away Saturdays from CVSL. He would like discussion at the next City Council meeting.
Mayor Pro Tem Virgen expressed her concern and said that the council wants to collaborate with the leagues and bring back the policy. She thanked the leagues for attending the meeting and talking with the Council. She welcomed them to meet with the Council at another time regarding this topic or other topics. She requested two items for placement on an agenda (not necessarily in March). 1. See where there is City land and find how the City can partner with different agencies and organizations about utilizing some of that land for an early childhood education center. 2. For staff or Council to participate to put a list of priorities i.e. identifying housing or parks or economic development projects. She will follow up with City Manager Martin Mayor Hernandez thanked everyone present. He shared the history of the leagues. It is important for there to be fairness and equality between the two leagues. The Council needs to be fair across the board. They also need to consider the well-maintained fields. The fields need to take a break from being used. He wished everyone Happy Valentines.
City Manager’s Comments.
ADU workshop on March 7, 2024.
ADJOURNMENT:
There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 7:45 p.m.
_____________________
Angela M. Zepeda
City Clerk
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Item 8.
STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Provide staff direction on sponsorship request received from Culturas MusicArts for their 11th Annual Women Rising event, in the amount of $5,000.
STAFF RECOMMENDATION:
Provide staff direction on sponsorship request received from Culturas Music-Arts for their 11th Annual Women Rising event, in the amount of $5,000.
EXECUTIVE SUMMARY:
On February 9, 2024, staff received the attached $5,000.00 sponsorship request from Culturas Music-Arts for their 11th Annual Women Rising Event. This year’s event will be held at Spotlight 29 Casino and will run from 11am- 3pm. The event will be representative of a Rebozo Festival and celebrate women’s achievement in politics, social justice, business, the arts and more.
The sponsorship will help to cover costs corresponding to music performances, speakers, art displays and vendors. The sponsorship amount requested of $5,000 would qualify the City as a Chiapas Sponsor and will include two reserved tables of ten (10) at the event, on-stage acknowledgements, media advertisement, logo displays and an art piece.
ALTERNATIVES:
1. Approve City Manager to process sponsorship request of $5,000 and authorize allocation of $5,000 from undesignated City General Fund reserves for sponsorship request.
2. Decline sponsorship request submitted by Culturas Music-Arts.
3. Provide alternate direction to staff.
FISCAL IMPACT:
If Council approves request as submitted, an allocation of $5,000 from undesignated General Fund reserves will be required to allow for sponsorship award in the requested amount of $5,000 to the General Fund Government Fund.
Attachment: Sponsorship Request
Item 9.
February 9,2024
To the Honorable Mayor Steven Hernandez & Council,
Culturas Music-Arts is a grassroots community based nonprofit organization that brings free or low-cost art and music venues to the local community. Our tax ID is # 85-3845819. We are currently in the planning stages of our 11th Annual Women Rising event. The event will be held on March 16, 2024 at Spotlight 29 Casino in Coachella, CA from 11am-3pm. We are deeply grateful and honored that this venue celebrates local women's achievements in politics, social justice, business, the arts and more.
This year’s Women Rising will present a “Rebózo Festival.” an enchanting celebration of Mexico’s iconic traditional garment. Rebozos are cherished by indigenous women and are versatile in their use. Handwoven from cotton, wool, silk and rayon and are diverse in lengths, patterns. Immerse yourself in the cultural tapestry as we showcase rebozos from various Mexican regions. All proceeds from the Rebozo Festival will benefit the Center for the Arts & Music.
Like all great events, it takes a tremendous amount of planning and monetary assistance. Your donations help cover the cost of our event which will include dynamic local music performers, speakers, art displays, vendors, and more. Attached are sponsorship packets for your convenience. In addition, your sponsorship/donation will stipend 4 artists with their art installations and supplies. Sponsors will be prominently recognized on our Social Media and at the Women Rising event.
We are requesting $5000 in sponsorship. The sponsorship will cover expenses for venue, sound and some artists expenses. Each member of the Council will receive one ticket to the event. We thank you for your consideration and support.
Please make checks payable to Culturas Music-Arts. Mail checks to 85092 Damascus Ave., Coachella, CA 92236 or contact Marisa Aceves at (760)972-4628 .
Thank you for your time and support
Oralia Ortiz
Item 9.
Culture Tradition Pride
TAPAME CON TU REBOZO
SPONSOR PACKET
Culturas Music-Arts is a grassroots, community-based,
nonprofit organization that brings free or low-cost art and music venues to the local community. Our Tax ID is #85- 3845819. We are currently in the planning stages of our 11th Annual Women Rising Event at Spotlight 29 Casino on
Saturday, March 16th, 2024. We’re deeply grateful and honored that this venue celebrates local women’s achievements.
Rebozo Festival
Here’s to Strong Women, may we know them,
may we be them, may we raise them.
Item 9.
This year’s Women Rising will present a “Rebozo Festival”. It is our belief that women who are at the forefront of changing their communities and the world around us deserve to be acknowledged and celebrated for their accomplishments. Each year we select three (3) women for their work in areas of politics, social justice, business, the arts, and more. We honor the contributions they have made for the betterment of our communities and individuals.
Like all great events, it take a tremendous amount of planning and monetary assistance. Your donations and sponsorships help cover the cost of our event. All contributions help us include dynamic local music performers, speakers, art displays, vendors, and more. In addition, your sponsorship or donation will stipend four (4) artists with their art installations and supplies. Sponsors will be prominently recognized on our Social Media pages and at the Women Rising event.
We thank you in advance for supporting community based
events. Proceeds support the construction of an Art Center by Culturas Music & Arts in the City of Coachella Please review the Sponsor Packages. We also welcome donations. Please advise our Committee on your decision.
INTRODUCTION
A Word from Our Madrinas
For Sponsorships or Donations:
Please make checks payable to “Culturas Music-Arts”.
Mail checks to 85092 Damascus Ave., Coachella CA 92236 or Contact Marisa Aceves at (760) 238- 2370
Item 9.
Our Jalisco Sponsor receives the following: One (1) reserved Table of Ten (10) seats and Five (5) additional tickets totaling fifteen (15) admissions, On-Stage Acknowledgement, Media Advertisement, and an Art Piece.
CHIAPAS SPONSOR $5,000
Our Chiapas sponsor receives the following: Two (2) reserved Tables of ten (10) seats totaling twenty (20) admissions. On-Stage Acknowledgement, Media Advertisement, Logo Displays, a Rebozo, a bottle of Tequila, and an Art Piece.
JALISCO SPONSOR $3,000
Our Hidalgo Sponsor receives the following: One (1) reserved Table of ten (10) seats, On-Stage Acknowledgement, and Media Advertisement, and two (2) Complimentary Tickets to Cabot’s Pueblo Museum.
HIDALGO SPONSOR $2,000
Our Michoacan Sponsor receives the following: Five (5)
admission tickets, On-Stage Acknowledgement, and Media
Advertisement.
MICHOACAN SPONSOR $1,000
Our Oaxaca Sponsor receives the following: Two (2) admission tickets, On-Stage Acknowledgement, and Media Advertisement.
OAXACA SPONSOR $500
SPONSOR TIERS
For Sponsorships or Donations:
Please make checks payable to “Culturas Music-Arts”.
Mail checks to 85092 Damascus Ave., Coachella CA 92236 or Contact Marisa Aceves at (760) 238 - 2370
Item 9.
STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Resolution 2024-06 adopting the Local Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act 2000.
STAFF RECOMMENDATION:
Approve Resolution 2024-06 adopting the Local Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act 2000.
EXECUTIVE SUMMARY:
The City of Coachella has prepared a draft city-wide Local Hazard Mitigation Plan(LHMP) in order to comply with Section 322 of the Federal Disaster Mitigation Act of 2000. The purpose of the LHMP is to identify risks posed by natural and manmade disasters and ways to minimize damage from those disasters. The LHMP identifies potential impacts of disasters such as earthquakes, wildfires, droughts, dam failure, landslides, and floods. Mitigation measures identified focus on prevention, property protection, public education and awareness, natural resource protection, emergency services, and improved management practices for structural projects.
Adoption of an LHMP is required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended by the Disaster Mitigation Act of 2000; the Act provides the legal basis for State, local and Indian Tribal governments to undertake a risk-based approach to reducing risks to natural hazards through mitigation planning. The LHMP is reviewed and updated every five years. A jurisdiction is required to have an approved LHMP in order for the City to continue to qualify for federal Disaster Mitigation Grant funding. The City has circulated its draft LHMP (attached hereto) to the appropriate County, State and Federal governmental agencies for review and has obtained approvals from all noted. Staff recommends approval of Resolution 2024-06 approving adoption of the Local Hazard Mitigation Plan for the City of Coachella.
Item 10.
FISCAL IMPACT:
Approval of Resolution 2024-06 will not have negative fiscal impact to the budget; approval will allow the City to continue to be eligible for federal Disaster Mitigation Grant funding.
Attachments:
Resolution 2024-06
LHMP
Item 10.
Resolution No. 2024-06 Page 1
RESOLUTION NO. 2024-06
A RESOLUTION ADOPTING THE RIVERSIDE COUNTY OPERATIONAL
AREA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN
AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000.
WHEREAS, President William J. Clinton signed H.R. 707, the Disaster Mitigation and Cost Reduction Act of 2000, into law on October 30, 2000.
WHEREAS, the Disaster Mitigation Act of 2000 requires all jurisdictions to be covered by a Local Hazard Mitigation Plan to be eligible for Federal Emergency Management Agency post-disaster funds; and
WHEREAS, the County of Riverside acted as the lead agency in the development of the Local Hazard Mitigation Plan; and
WHEREAS, the City of Coachella has coordinated the development of the Local Hazard Mitigation Plan; and
WHEREAS, the City of Coachella is concerned about mitigating potential losses from natural disasters before they occur, and
WHEREAS, the plan identifies potential hazards, potential loses and potential mitigation measure to limit loses, and
WHEREAS, the California State of Emergency Services has reviewed the plan on behalf of the Federal Emergency Management Agency; and
WHEREAS, formal adoption of the plan by the City of Coachella is required before final approval of the plan can be obtained from the Federal Emergency Management Agency; and WHEREAS, the City of Coachella has determined that it would be in the best interest of the City of Coachella to adopt the Local Hazard Mitigation Plan.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL HEREBY ADOPTS the Local Hazard Mitigation Plan to meet the requirements of the Disaster Mitigation and Cost Reduction Act of 2000; and directs the City of Coachella to forward the Local Hazard Mitigation Plan to the Riverside County Emergency Management Department, the California Governor’s Office of Emergency Services and to the Federal Emergency Management Agency of behalf of the City of Coachella for final approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Coachella held on the 28th day of February, by the following roll call vote:
AYES:
NOES:
Item 10.
Resolution No. 2024-06 Page 2
ABSENT:
ABSTAIN:
______________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
_______________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
_______________________________
Carlos L. Campos, City Attorney
City of Coachella
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF COACHELLA )
I, City Clerk of the City of Coachella, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2024-06 adopted by the City Council of the City of Coachella at a regular meeting therefore duly held and convened on the 28th day of February, 2024. _____________________________
Angela M. Zepeda, City Clerk
Item 10.
2022
Prepared by: Maritza Martinez
City of Coachella
12/1/2022
LOCAL HAZARD
MITIGATION PLAN
Item 10.
1 LOCAL HAZARD MITIGATION PLAN
December 2022
CONTACT INFORMATION
CITY OF COACHELLA
Name: Maritza Martinez
Title: Public Works Director
Address: 53462 Enterprise Way
City, State and Zip: Coachella, CA 92236
Direct Contact: (951) 818-4239
Fax: 7603981630
Email: [email protected]
Item 10.
2 LOCAL HAZARD MITIGATION PLAN
December 2022
PLAN ADOPTION/RESOLUTION
The City of Coachella will submit plans to Riverside County Emergency Management Department who will forward to California Governor’s Office of Emergency Services (CAL OES) for review prior to being submitted to the Federal Emergency Management Agency (FEMA). In addition, we will wait to receive an “Approval Pending Adoption” letter from FEMA before taking the plan to our local governing bodies for adoption. Upon approval, the City of Coachella will insert the signed resolution.
Item 10.
3 LOCAL HAZARD MITIGATION PLAN
December 2022
EXECUTIVE SUMMARY
The purpose of this local hazard mitigation plan is to identify the City’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to mitigate potential risks to reduce or eliminate long-term risk to people and property from natural and manmade hazards.
The plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 to achieve eligibility and potentially secure mitigation funding through Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance, Pre-Disaster Mitigation, and Hazard Mitigation Grant Programs.
The City of Coachella’s continual efforts to maintain a disaster-mitigation strategy is on-going. Our goal is to develop and maintain an all-inclusive plan to include all jurisdictions, special districts, businesses, and community organizations to promote consistency, continuity, and unification.
The City’s planning process followed a methodology presented by FEMA and CAL-OES which included conducting meetings with the Operational Area Planning Committee (OAPC) coordinated by Riverside County Emergency Management Department (EMD) comprised of participating Federal, State and local jurisdictions agencies, special districts, school districts, non-profit communities, universities, businesses, tribes, and the general public.
The plan identifies vulnerabilities, provides recommendations for prioritized mitigation actions, evaluates resources, identifies mitigation shortcomings, provides future mitigation planning and maintenance of existing plan.
The plan will be implemented upon FEMA approval.
Item 10.
4 LOCAL HAZARD MITIGATION PLAN
December 2022
TABLE OF CONTENT
Table of Contents
CONTACT INFORMATION.......................................................................................................................1 PLAN ADOPTION/RESOLUTION .............................................................................................................2 EXECUTIVE SUMMARY...........................................................................................................................3 TABLE OF CONTENT...............................................................................................................................4 SECTION 1.0 - COMMUNITY PROFILE ...................................................................................................6
1.1 CITY MAP ..............................................................................................................................6
1.2 GEOGRAPHY AND CLIMATE DESCRIPTION........................................................................6
1.3 BRIEF HISTORY.....................................................................................................................7
1.4 ECONOMY DESCRIPTION.....................................................................................................7
1.5 POPULATION AND HOUSING .............................................................................................10
1.6 DEVELOPMENT TRENDS AND LAND USE.........................................................................11 SECTION 2.0 - PLANNING PROCESS...................................................................................................12
2.1 LOCAL PLANNING PROCESS .............................................................................................12
2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS..............................................13
2.3 DATES AVAILABLE FOR PUBLIC COMMENT.....................................................................13
2.4 PLANS ADOPTED BY RESOLUTION...................................................................................13 SECTION 3.0 – UPDATES AND MITIGATION ACTIONS.......................................................................14
3.1 UPDATES TO 2022 LHMP PLAN..........................................................................................14
3.2 HAZARD UPDATES..............................................................................................................14
3.3 MITIGATION ACTIONS AND UPDATES...............................................................................14
3.4 2017 PLAN MITIGATION ACTIONS (HISTORICAL REFERENCE).......................................14
3.5 2022 LHMP MITIGATION ACTIONS .....................................................................................17
3.6 Critical Facilities and Infrastructures ......................................................................................19
3.7 Estimated Property Loss 2022...............................................................................................19
3.8 Table Replacement Values....................................................................................................19 SECTION 4.0 – HAZARD IDENTIFICATION AND RISK ASSESSMENT................................................20
4.1 Hazard Identification..............................................................................................................20
4.2 LIST OF COUNTY AND CITY HAZARDS..............................................................................21
4.3 Disaster Declaration History ..................................................................................................22
4.4 Hazard Profiles......................................................................................................................27
4.5 Vulnerability Asssessment …………………………………………………………………………35 SECTION 5.0 – COMMUNITY RATING SYSTEM...................................................................................40
5.1 REPETITIVE LOSS PROPERTIES .......................................................................................40
5.2 NATIONAL FLOOD INSURANCE PROPERTIES..................................................................40 SECTION 6.0 - CAPABILITIES ASSESSMENT ......................................................................................42
6.1 REGULATORY MITIGATION CAPABILITIES .......................................................................42
6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES .............................................43
6.3 FISCAL MITIGATION CAPABILITIES ...................................................................................44
6.4 MITIGATION OUTREACH AND PARTNERSHIPS ………………………………………………45
6.5 FUNDING OPPORTUNITIES ................................................................................................45 SECTION 7.0 - PLAN IMPLEMENTATION AND MAINTENANCE PROCESS........................................46 SECTION 8.0 INCORPORATION INTO EXISTING PLANNING MECHANISMS.....................................47 SECTION 9.0 - CONTINUED PUBLIC INVOLVEMENT..........................................................................48 APPENDIX A – PUBLIC NOTICES AND MAPS......................................................................................49 APPENDIX B – INVENTORY WORKSHEETS........................................................................................57 APPENDIX C – PLAN REVIEW TOOL/CROSSWALK ............................................................................58
Item 10.
5 LOCAL HAZARD MITIGATION PLAN
December 2022 Page 85
Item 10.
6 LOCAL HAZARD MITIGATION PLAN
December 2022
SECTION 1.0 - COMMUNITY PROFILE
1.1 CITY MAP
Figure 1-1: Map of Coachella Planning Area
1.2 GEOGRAPHY AND CLIMATE DESCRIPTION
Coachella is a city in Riverside County, California; it is the easternmost city in the region collectively known as the Coachella Valley. It is located 28 miles east of Palm Springs, 72 miles east of Riverside, and 130 miles east of Los Angeles.
The eastern half of the Coachella Valley is below sea level, and the area's average elevation is 68 feet (35 m) below sea level. The Salton Sea, a saltwater lake located about 10 miles (16 km) South of Coachella, lies 227 feet (69 m) below sea level.
The city also lends its name to the Coachella grapefruit; the town's stretch of State Route 111 is named Grapefruit Boulevard in its honor. Coachella is an area which contains large yearround agricultural corporate farms and fruit groves, particularly of citrus (lemons, oranges, grapefruit) and date palms;
Harrison Street or State Route 86 is declared historic U.S. Route 99, the major thoroughfare that connects with Interstate 10 a few miles north of town.
Item 10.
7 LOCAL HAZARD MITIGATION PLAN
December 2022
1.3 BRIEF HISTORY
Known as the "City of Eternal Sunshine", Coachella is largely a rural, agricultural, familyoriented community in the desert and one of the state's fastest growing cities in the late 20th century. When it first incorporated back in 1946, it had 1,000 residents.
The city was originally founded as Woodspur in 1876, when the Southern Pacific Railroad built a rail siding on the site. In the 1880s the indigenous Cahuilla tribe sold their land plots to the railroads for new lands east of the current town site, and in the 1890s, a few hundred triquetrous took up settlement along the tracks.
The origin of the name Coachella is unclear, but in 1901 the citizens of Woodspur voted on a new name for their community; at their town hall meeting, the homeowners settled on "Coachella". Some locals believe it was a misspelling of Conchilla, a Spanish word for the small white snail shells found in the valley's sandy soil, vestiges of a lake which dried up over 3,000 years ago.
Coachella began as a 2.5-square-mile (6.5 km2) territory gridded out on the mesquite-covered desert floor. Not until the 1950s did Coachella begin to expand into its present range, about 32 square miles (83 km2), an area which contained large year-round agricultural corporate farms and fruit groves, particularly of citrus (lemons, oranges, grapefruit) and date palms.
Coachella became a city in 1946. During the incorporation voting process, the first city council was tentatively elected: Lester C. Cox, T. E. Reyes, John W. Westerfield, Lester True, and Paul S. Atkinson. Also elected on November 26, 1946, were City Clerk Marie L. Johnson and City Treasurer John C. Skene. John Westerfield was appointed mayor at the first meeting.
1.4 ECONOMY DESCRIPTION
The Coachella Valley economy is based primarily on service-related industries and agriculture.
Most of the jobs are in retail, tourism & hospitality, construction, and healthcare. Next to retail and tourist services, which are primarily in Palm Springs and Palm Desert, agriculture is the largest industry in the Coachella Valley with over 10% of the companies in the agri-business sector. Local farmers rank within the top 10 in California. The Coachella Valley’s main cash crops include over 30 varieties of grove and vegetable crops such as citrus fruits, dates, table grapes, melons, corn, lettuce, carrots, and broccoli. In addition, a number of specialty vegetables are grown including avocados, figs, persimmons and greenhouse peppers. Much of the packing and distribution of agricultural products is done around Indio.
Item 10.
8 LOCAL HAZARD MITIGATION PLAN
December 2022
Figure 1-2: Jobs by Sector for the City of Coachella
Jobs by Sector 2017:
Jobs by Sector 2021:
Source: datausa.io
Item 10.
9 LOCAL HAZARD MITIGATION PLAN
December 2022
Table 1-1: List of Major Employers for the City of Coachella Company Name Category Employment
Coachella Valley USD Public School District 502
Spotlight 29 Casino Entertainment 496
Ernie Ball/Paladar Manufacturer 392
Armtec Defense (Subsidiary of
Esterline Defense Tech Ordnance & Accessories 232
Coachella Valley Water District Public Water Agency 192 Teserra Outdoors (formerly California
Pools) Pool Builder 184
Augustine Casino Entertainment 179
Valley Pride Agriculture 116
Cardenas Market Grocery Store 110
Coca-Cola Enterprises Inc Distribution 100
Item 10.
10 LOCAL HAZARD MITIGATION PLAN
December 2022
1.5 POPULATION AND HOUSING
Table 1-2: Population and Housing Characteristics for the City of Coachella source: census.gov
Item 10.
11 LOCAL HAZARD MITIGATION PLAN
December 2022
1.6 DEVELOPMENT TRENDS AND LAND USE
During the past economic boom ending in 2007 many housing developments were left unfinished. Many of these are to the west and in the center of the City of Coachella and if not built out have begun to build again. This construction activity has significantly increased Coachella’s residential density infill. The construction activity will provide many residential communities with mobility connectivity and drainage infrastructure that had remained unfinished.
Since 2020 the City has also seen a significant amount of high density housing constructed in the city’s center and this has increased population in the City’s center. Regional improvements needed to address significant flood events are still unfunded and continue to pose a hazard to flood prone areas; the increase in population to the city’s center has increased the city’s vulnerability for flood prone events. The increased residential density infill has not increased the city’s vulnerability for heat or earthquake events as the new structures are seismic in their design qualities and near critical infrastructure to support downtown residents.
Table 1-3: Housing Characteristics for the City of Coachella Housing Type Number of
Units
Percent of
Total Units
Single Family Detached 7,509 70.6 %
Single Family Attached 329 3.1 %
Multi-family: 2 to 4 units 1,002 9.4 %
Multi-family: 5 units plus 1,162 10.9 %
Mobile Home 629 5.9 %
Total 10,631 100 %
Item 10.
12 LOCAL HAZARD MITIGATION PLAN
December 2022
SECTION 2.0 - PLANNING PROCESS
2.1 LOCAL PLANNING PROCESS
Representatives from multiple County (City, District) departments met several times to identify and prioritize appropriate mitigation strategies. Personnel involved in these meetings included senior management and staff from the following divisions: Emergency Services Division (Emergency Management Coordinator), Development Services Department (Development Services Director, Planning Manager) Public Works Department (Public Works Director and Street Supervisor) and Engineering Department (Engineering Technician). The group was made up of planners, building department officials, facility managers, civil engineers, and emergency managers. Each staff member was invited to participate in the updating process of the LHMP and attend meetings via emails and phone calls.
The local Planning Committee Meetings included a discussion of updates from the regional meetings and focused on the local planning process. All meetings included the attendees noted above. Meetings were held at the City’s EOC and the meetings were each focused at different topics correspondent to available existing resources and identifying how to address hazards.
The focus of each meeting was as follows: Identify and discussed hazards, discussed Hazards and departments to confirm data, discussed future infrastructure and planning projects, and discussed hazards addressed by these future improvements. We also reviewed drafts of planning sections of LHMP and requested revisions to certain sections.
Table 2-4: Hazard Mitigation Planning Committee
Agency Department Name & Title
City of Coachella Administration Gabriel Martin, City Manager City of Coachella Economic Development Celina Jimenez, Economic Development Director City of Coachella Development Services Gabriel Perez, Development Services Director City of Coachella Public Works Maritza Martinez, Public Works Director City of Coachella Public Works Alex Alarcon, Streets Supervisor City of Coachella Engineering Andrew Simmons, City Engineer Riverside County Sherriff Lieutenant Randy Vasquez, Assistant Chief of Police CalFire Fire Richard Tovar, Division Chief
Riverside County EMD Maricarmen Aguirre, Emergency Services Coordinator
Item 10.
13 LOCAL HAZARD MITIGATION PLAN
December 2022
2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS
The City of Coachella participated in various Riverside County meetings to obtain the support in updating the City’s LHMP:
• OAPC (Operational Area Planning Committee) Meetings
o March 24, 2022
o May 26, 2022
o July 28, 2022
o November 3, 2022
• LHMP One-On-One Meetings
o September 27, 2022
o October 18, 2022
2.3 DATES AVAILABLE FOR PUBLIC COMMENT
The City of Coachella conducted opportunities for the public to comment and provide suggestions throughout the updating process of the plan.
• City of Coachella Website
o Dates posted: 11/17/2022 – 12/31/2022
o A screenshot of this public opportunity is provided in Appendix A o Responses were collected and given consideration when the city developed their mitigation plan
• Community outreach and engagement
o Teen CERT class: 07/18/2022 – 07/20/2022
o A screenshot of the agenda is provided in Appendix A
2.4 PLANS ADOPTED BY RESOLUTION
Upon approval by FEMA, the LHMP will be presented to the Coachella City Council in a public meeting for adoption via an official Resolution.
Item 10.
14 LOCAL HAZARD MITIGATION PLAN
December 2022
SECTION 3.0 – UPDATES AND MITIGATION ACTIONS
3.1 UPDATES TO 2022 LHMP PLAN
Coachella’s planning team has reviewed the hazards that affect the City and summarized their frequency of occurrence, spatial extent, potential magnitude, and significance specific to Coachella and determined there are no new hazards or priorities since approval of the 2017 LHMP.
3.2 HAZARD UPDATES
The hazard identified in the 2022 LHMP update remain similar to the 2017 LHMP.
3.3 MITIGATION ACTIONS AND UPDATES
3.3.1 GOALD AND OBJECTIVES
Goal 1: Aggressive public education campaign in light of predictions. The mitigation actions highlighted are focused on the City’s high priority hazards: flood, earthquake and extreme heat.
Objective 1.1: Provide timely notification and direction to the public of imminent and potential hazards.
Objective: 1.2: Increase public awareness about the nature and extent of hazards they are exposed to, where they occur, what is vulnerable, and recommended responses to identified hazards (i.e. both preparedness and response).
1.2.1: Create/continue an outreach program, provide educational resources, develop and provide training
Goal 2: Reinforce emergency response facilities.
Goal 3: Fire sprinkler ordinance for all structures.
3.4 2017 PLAN MITIGATION ACTIONS (HISTORICAL REFERENCE) The 2017 mitigation strategies and projects are listed in the following table:
Table 3-5: 2017 Plan Mitigation Actions
2017 LHMP Mitigation Actions Table
Type of
Hazard
Mitigation
Actions
Departments/Jurisdictions Status
Update
Funding
Source
Status
of
moving
to
Item 10.
15 LOCAL HAZARD MITIGATION PLAN
December 2022
2022
LHMP
Extreme
Heat
Staff has
received
training and
the city’s
senior center
and/or
community
center will be
available for
cooling and
warming
centers in
addition to the
regular hours
that they
serve
City of Coachella Public
and Senior Center
Ongoing City Funding Yes
Flood Coachella
Valley Storm
Water
Channel –
Physical Map
Revision
(CVSC PMR):
Places a
portion of the
City within a
special flood
hazard area
Coachella Valley Water
District
Effective
early 2018
Proposition 1 No
Flood Storm Water
Master Plan:
This master
plan identifies
facilities and
locations to
manage the
flood hazards
identified in
the CVSC PMR
and for other
areas (Oasis,
Mecca, North
Shore, etc.)
Coachella Valley Water
District
Completed
2021
Proposition 1 No
Flood Coachella
Valley Storm
Water
Channel
Coachella Valley Water
District
Completed Proposition 1
and Coachella
Valley
Mountain
No
Item 10.
16 LOCAL HAZARD MITIGATION PLAN
December 2022
Improvement
Project:
Avenue 54 to
the Thermal
Drop
Structure; This
will manage
the flooding
hazard
identified by
the Coachella
Valley Storm
Water
Channel
Conservancy
Fund
Earthquake EOC activation
training and
table-top
exercises for
city staff allied
agencies
City of Coachella Annual and
Ongoing
Emergency
Management
Performance
Grant
No
Fire Home Fire
Campaign
Install smoke
detectors in
older homes
in the city
Red Cross, Riverside
County Fire Department,
Riverside County Sherriff,
AmeriCorps, City of
Coachella
Completed
February
2017
Red Cross
Campaign
No
Fire Design of a
second Fire
Station: A
secondary
location will
provide for
adequate
response
times to its
community
City of Coachella - City
Engineer
Not moving
forward at
this time
Development
Fees
No
Flood Coachella
Valley Storm
Water
Channel –
Physical Map
Revision
(CVSC PMR):
Places a
portion of the
City within a
special flood
hazard area
Coachella Valley Water
District
Effective
early 2018
Proposition 1
and Coachella
Valley
Mountain
Conservancy
Fund
No
Item 10.
17 LOCAL HAZARD MITIGATION PLAN
December 2022
3.5 2022 LHMP MITIGATION ACTIONS
The City of Coachella has identified its high priority hazards as earthquake, extreme heat, and flood which is why its mitigation actions listed below are its main focus and considered high priority. (See Section 4.1)
The 2022 mitigation strategies and projects are listed in the following table.
Table 3-6: 2022 Plan Mitigation Actions
2022 LHMP Mitigation Actions Table
Type of
Hazard
Mitigation Actions Departments/Jurisdictions Status Update Funding Source
Extreme
Heat
City has acquired a
property that can
be used as a
cooling center;
tenant
improvement are
ongoing. Cooling
and Heating
Centers are open
in the City yearround MondayFriday.
City of Coachella Public
and Senior Center
Ongoing
2022-2027
City funding
Extreme
Heat
The City added
over 300 trees this
fiscal year and we
actively search for
additional urban
greening and
forestry funding to
fund the expansion
of the City’s urban
forest
City of Coachella Public
Works and Engineering
Ongoing
(2022-2027)
Urban
Greening and
Proposition 1
Extreme
Heat Develop heataction plan
specific to
vulnerable
populations, such
as the elderly and
individuals with
chronic health
conditions.
Coordinate with
City of Coachella
Public Works Department
and Emergency
Management Department
2022-2027 Emergency
Management
Performance
Grant
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18 LOCAL HAZARD MITIGATION PLAN
December 2022
healthcare
providers and
social services to
ensure at-risk
individuals
receive
appropriate
support.
Earthquake Invest and
promote in
earthquake early
warning systems
that provide
residents and
businesses with
crucial seconds to
minutes of warning
before strong
shaking.
City of Coachella
Development Services
Department
2022-2027 City
Earthquake Require new builds
to adhere to the
current updated
Seismic building
standards.
City of Coachella
Development Services
Department
Annual and
Ongoing
(2022-2027)
City
Earthquake Community
Shelters: purchase
a large facility that
can be used as a
community shelter
and improved to
serve community.
City of Coachella
Public Works Department
Purchased
2023
Tenant
Improvements
Needed 2023-
2027
City
Flood State Route
86/Avenue 50
Interchange
Project
Construct a new
Avenue 50 bridge
structure over the
Whitewater
River/Coachella
Valley Stormwater
Channel (CVSC).
City of Coachella
Engineering Department
and Caltrans
2022-2027 HBP (State
Highway
Bridge
Program) and
CVAG
(Coachella
Valley
Association of
Governments)
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19 LOCAL HAZARD MITIGATION PLAN
December 2022
3.6 Critical Facilities and Infrastructures
Critical facilities are facilities that pose unacceptable risks if severely damaged or become non-operational.
Below is a table of critical facilities in the City of Coachella.
Critical Facilities and Infrastructures
Critical Facilities Type Number
Emergency Operations Center 1
City Hall 1
Fire Stations 1
Water Reservoirs 2
Water Treatment Plants 6
Waste Water Treatment Plants 1
Maintenance Yards 1
Senior Community Centers 1
Schools 8
Radio Repeaters 1
3.7 Estimated Property Loss 2022
Source: Riverside County Assessor
3.8 Table Replacement Values
Name of Asset Replacement
Value ($)
Occupancy/
Capacity #
Hazard Specific Info.
City Hall 2,200,500 165 Unreinforced masonry
Fire Department 1,500,000 60 secured perimeter
Corporate Yard 3,750,000 800 secured perimeter
Coachella Valley Unified School District (10 schools)
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Bobby G. Duke Middle School $34,000,000 900 secured campuses Cesar Chavez Elementary $26,000,000 669 secured
Coachella Valley HS $90,000,000 1712 secured
Coral Mountain Academy $26,000,000 900 secured
Valley View Elementary $23,000,000 580 secured
Palm View Elementary $25,000,000 630 secured
Peter Pendleton Elementary $22,000,000 560 secured
Valle del Sol Elementary $26,000,000 900 secured
Coachella Community Center $1,350,000 120 Unsecured perimeter Public Utilities (Water /
Wastewater)
$37,590,000 n/a
SECTION 4.0 – HAZARD IDENTIFICATION AND RISK ASSESSMENT
4.1 Hazard Identification
The Hazard Mitigation Planning Committee conducted a hazard identification study to determine the hazards that threaten the planning area. The following data sources were used for this hazard identification:
2015 City of Coachella General Plan, 2022 Riverside County LHMP Survey, 2018 Riverside County MJLHMP, FEMA Disaster Declaration Database, and FEMA National Risk Index (NRI) Comparison Report. Using existing natural hazards and input gained through the kickoff planning meeting, the Hazard Mitigation Planning Committee agreed upon a list of hazards that could affect the City.
To assist in ranking the identified hazards, the following scale for rating was utilized.:
Severity Probability
0- Does not apply 0- Does not apply
1- Negligible damage/injuries 1- Unlikely (<1% chance in next 100 years) 2- Limited damage/injuries 2- Possible (1%-10% chance in next year) 3- Critical damage/injuries 3- Likely (10%-100% chance in next 10 years) 4- Catastrophic damages 4- Highly likely (near 100% in next year) Table 4-7: City of Coachella Hazard Identification risk Matrix 2022 Hazard SEVERITY
0 - 4
PROBABILITY
0 - 4
RANKING
1-24
MITIGATION
PRIORITY
EARTHQUAKE 3 3 1 High
FIRE 1 2 7 Medium
FLOOD 1 4 3 High
AQUEDUCT FAILURE 1 1 16 Low
DROUGHT 1 2 5 Low
STORM 2 3 4 Low
INSECT INFESTATION 1 2 17 Low
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4.2 LIST OF COUNTY AND CITY HAZARDS
The City of Coachella and Riverside County have similar hazards that affect their jurisdiction; however, the rankings of their hazards are slightly different. Below is a table that illustrates the difference between each of their hazards for the 2022 LHMP.
Table 4-8: Ranking of County and City Hazards
Riverside County 2017
Hazards
Ranking City of Coachella 2022
Hazards
Ranking
Earthquake 1 Earthquake 1
Pandemic Flu 2
Extreme Weather –
Heat
2 Wildland Fire 3 Flood 3
Electrical Failure 4 Storm 4
Emergent
Disease/Contamination 5 Drought
5 Cyber Attack 6 Electrical Failure 6
Terrorist Event 7 Fire 7
Communications
Failure 8
Cyber Attack/Cyber
Terrorism 8
Flood 9 Pandemic 9
Civil Disorder 10 Transportation Failure 10
Drought 11 Communications Failure 11
Nuclear/Radiological
Incident 12 Civil Disorder 12
LANDSLIDE 0 0 24 Low
TORNADO 0 0 25 Low
EXTREME WEATHER - HEAT 2 4 2 High
CIVIL DISORDER 2 2 12 Low
COMMUNICATIONS FAILURE 1 2 11 Low
CYBER ATTACK/ CYBER TERRORISM 1 2 8 Low
DAM FAILURE 0 0 23 Low
ELECTRICAL FAILURE 3 3 6 Medium
HAZARDOUS MATERIALS INCIDENT 2 1 18 Low
JAIL/PRISON EVENT 2 2 15 Low
NUCLEAR INCIDENT 4 2 20 Low
PIPELINE DISRUPTION 2 3 19 Low
RADIOLOGICAL INCIDENT 2 1 21 Low
TERRORIST EVENT – MASS CASUALTY 2 2 13 Low
TRANSPORTATION FAILURE 2 4 10 Low
WATER SUPPLY DISRUPTION / 1 2 22 Low
EMERGENT DISEASE / CONTAMINATION 2 2 14 Low
PANDEMIC 2 2 9 Low
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Extreme Weather 13
Terrorist Event – Mass
Casualty Incident (MCI)
13 Transportation Failure 14
Emergent
Disease/Contamination
14 Dam Failure 15 Jail/Prison Event 15
Aqueduct 16 Aqueduct Failure 16
Tornado 17 Insect Infestation 17
Insect Infestation 18
Hazardous Materials
Incident
18 Jail/Prison Event 19 Pipeline Disruption 19
Pipeline Disruption 20 Nuclear Incident 20
Landslide 21 Radiological Incident 21
HazMat Incident 22
Water Supply
Disruption/Contamination
22 Water Supply
Disruption/Contamination 23 Dam Failure 23
4.3 Disaster Declaration History
One method to identify hazards based on past occurrences is to look at what events triggered federal and/or state disaster declarations within the Operational Area (OA). Disaster declarations are granted when the severity and magnitude of the event’s impact surpass the ability of the local government to respond and recover. When the local government’s capacity has been surpassed, a state disaster declaration may be issued, following the local agency’s declaration, allowing for the provision of state assistance. Should the disaster be so severe that both the local and state government’s capacity is exceeded, a federal disaster declaration may be issued allowing for the provision of federal disaster assistance.
Riverside County has experienced 50 federal declarations since 1990 and 10 state declarations since 2015. Out of these 61 declarations 1 was associated with and earthquake event, 2 from biological events, 2 from freezing events, 3 from flooding events, 14 from severe storms, 34 from fires, 1 with hurricane (for evacuations stemming from Hurricane Katrina in 2005).
Table 4-9: Summary of Federal Declarations in Riverside County 1990 to 2022 Year Disaster
Type
Disaster Cause County Disaster
Number
Federal
Declaration Date
1990 Fire Fires Riverside DR-872 6/30/1990
1991 Freezing Severe Freeze Riverside DR-894 2/11/1991
1992 Earthquake Earthquake &
Aftershocks
Riverside DR-947 7/2/1992
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1993 Flood Severe Winter
Storm, Mud &
Landslides, &
Flooding
Riverside DR-979 2/3/1993
1994 Fire Fires,
Mud/Landslides,
Flooding, Soil
Erosion
Riverside DR-1005 10/28/1993
1995 Severe
Storm
Severe Winter
Storms, Flooding
Landslides, Mud
Flow
Riverside DR-1046 3/12/1995
1995 Severe
Storm
Severe Winter
Storms, Flooding
Landslides, Mud
Flows
Riverside DR-1044 1/10/1995
1998 Severe
Storm
Severe Winter
Storms and
Flooding
Riverside DR-1203 2/9/1998
2003 Fire CA – Locust
Wildfire
Riverside FM-2491 8/19/2003
2003 Fire CA – Railroad Fire Riverside FM-2475 7/3/2003 2003 Fire Canyon Fire Riverside FM-2487 7/25/2003
2004 Fire Wildfires,
Flooding, Mudflow
and Debris Flow
Riverside DR-1498 10/27/2003
2004 Fire CA – Pleasure
Fire
Riverside FM-2515 4/26/2004
2004 Fire CA – Cerritos Fire Riverside FM-2517 5/4/2004 2004 Fire CA – Eagle Fire Riverside FM-2516 5/4/2004
2004 Fire CA – Melton
Wildfire
Riverside FM-2533 7/18/2004
2004 Fire Pass Fire Riverside FM-2500 10/21/2003
2004 Fire CA – Leakview Riverside FM-2530 7/14/2004
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2004 Fire CA – Mountain
Fire
Riverside FM-2507 10/26/2003
2005 Hurricane Hurricane Katrina
Evacuation
Riverside EM-3248 9/13/2005
2005 Severe
Storm
Severe Storms,
Flooding,
Landslides, and
Mud and Debris
Flows
Riverside DR-1585 4/14/2005
2005 Severe
Storm
Severe Storms,
Flooding, Debris
Flows, and
Mudslides
Riverside DR-1577 2/4/2005
2006 Fire Orchard Fire Riverside FM-2676 9/17/2006
2006 Fire Woodhouse Fire Riverside FM-2584 10/6/2005
2006 Fire Sierra Fire Riverside FM-2630 2/6/2006
2007 Fire Esperanza Fire Riverside FM-2678 10/26/2006
2007 Freezing Severe Freeze Riverside DR-1689 3/13/2007 2008 Fire Wildfires,
Flooding, Mud
Flows, and Debris
Flows
Riverside DR-1731 10/24/2007
2008 Fire Wildfires Riverside EM-3279 10/23/2007
2009 Fire Wildfires Riverside DR-1810 11/18/2008
2009 Fire Freeway Fire
Complex
Riverside EM-2792 11/15/2008
2010 Severe
Storm
Severe Winter
Storms, Flooding,
and Debris and
Mud Flows
Riverside DR-1884 3/8/2010
2011 Flood Severe Winter
Storms, Flooding,
and Debris and
Mud Flows
Riverside DR-1952 1/26/2011
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2013 Fire Summit Fire Riverside FM-5023 5/1/2013
2013 Fire Falls Fire Riverside FM-5040 8/6/2013
2013 Fire Silver Fire Riverside FM-5041 8/8/2013
2017 Fire Canyon Fire Riverside FM-5213 9/26/2017
2017 Flood Severe Winter
Storms, Flooding,
and Mudslides
Riverside DR-4305 3/16/2017
2018 Fire Wildfires Riverside EM-3396 12/8/2017
2018 Fire Holy Fire Riverside FM-5268 8/9/2018
2018 Fire Cranston Fire Riverside FM-5260 7/25/2018
2018 Fire Canyon 2 Fire Riverside FM-5223 10/9/2017
2019 Severe
Storm
Severe Winter
Storms, Flooding,
Landslides, and
Mudslides
Riverside DR-4431 5/1/2019
2020 Biological COVID-19 Riverside EM-3428 3/13/2020
2020 Biological COVID-19
Pandemic
Riverside DR-4482 3/22/2020
2020 Fire Hill Fire Riverside FM-5299 10/30/2019
2020 Fire Apple Fire Riverside FM-5325 8/2/2020
2020 Fire 46 Fire Riverside FM-5300 10/31/2019
2021 Fire Blue Ridge Fire Riverside FM-5381 10/26/2020
2022 Fire Fairview Fire Riverside FM-5451 9/6/2022
Source: OpenFEMA DataSet: Disaster Declaration Summaries Table 4-10: Summary of State Declarations in Riverside County 2015 to 2022 Year Month Disaster County Disaster
Code
Governor
Declared
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2015 July Severe
Rainstorms
Riverside 65 Yes
2017 January January
Winter
Storms
Riverside 77 Yes
2018 July Cranston Fire Riverside 102 Yes
2018 August Holy Fire Riverside 106 Yes
2019 January –
February
Atmospheric
River Storm
System
Riverside 109 Yes
2019 October Eagle, Reche,
Saddleridge,
Sandalwood,
and Wolf
Fires
Riverside 112 Yes
2019 October Extreme Wind
and Fire
Weather
Conditions
All California
counties
114 Yes
2020 August –
September
Fires and
Extreme
Weather
Conditions
Declared by
Governor
only: All other
California
counties not
listed above
115 Yes
2022 September Fairview &
Mosquito
Fires
Riverside 133 Yes
2022 September Tropical
Storm Kay
Riverside 135 Yes
Source: State of California Franchise Tax Board
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4.4 Hazard Profiles
The Hazard Mitigation Planning Committee decided to only list the hazards with the highest mitigation priority.
Each hazard is profiled in the following format:
• Hazard Description — This section gives a description of the hazard and details on the hazard specific to the Planning Area.
• Location — Location is the geographic areas within the planning area that are affected by the hazard (e.g., floodplain).
• Extent — Extent is the strength or magnitude of the hazard. Extent can be described in a combination of ways depending on the hazard, such as: the value on an established scientific scale or measurement system, other measures of magnitude such as water depth or wind speed, the speed of onset, or the duration of hazard events.
• Previous occurrences — This section includes the history of previous hazard events for each hazard. This helps estimate the likelihood of future events and helps predict potential impacts. • Probability of future events — The frequency of past events is used in this section to gauge the likelihood of future occurrences. Where possible, frequency was calculated based on existing data. It was determined by dividing the number of events observed by the number of years on record and multiplying by 100. This gives the percent chance of the event happening in any given year. Likelihood of future occurrences is categorized into one of the following classifications:
• 4 — Highly Likely — Near 100 percent chance of occurrence in the next year • 3 — Likely — Between 10 and 100 percent chance of occurrence in the next 10 years • 2 — Possible — Between 1 and 10 percent chance of occurrence in the next year • 1 — Unlikely — Less than 1 percent chance of occurrence in the next 100 years • 0 — Does not apply
4.4.1 Earthquake - Severity - 3, Probability - 3, Ranking - 1 Hazard Description: An earthquake is a natural geological phenomenon characterized by the sudden release of energy in the Earth's crust that creates seismic waves. This release of energy is typically caused by the movement of tectonic plates beneath the Earth's surface.
Earthquakes can vary in size, from minor tremors that are barely felt to massive events that can cause widespread destruction. The intensity of an earthquake is commonly measured using the Richter scale or the moment magnitude scale (Mw), which quantifies the amount of energy released during the quake.
The region is capable of experiencing earthquakes with magnitudes greater than 7.0, which can cause severe damage to infrastructure and pose a threat to public safety. The city has a
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mix of older structures and newer construction. Older buildings, particularly those constructed before modern seismic codes were established, may be more vulnerable to earthquake damage. The city's infrastructure, including roads, bridges, utilities, and lifeline systems, could be significantly impacted by a major earthquake, leading to disruptions in transportation, communication, and emergency response.
Location: The City of Coachella is susceptible to seismic activity due to its proximity to major fault lines. It is situated within Seismic Zone 3, which indicates a high seismic hazard potential.
The city is near the San Andreas Fault, which is a major fault capable of generating significant earthquakes. Other nearby faults, such as the San Jacinto Fault and the Elsinore Fault, also contribute to the seismic risk.
San Andreas Fault
The San Andreas Fault Zone is a major structural feature that forms at the boundary between the North American and Pacific tectonic plates. It extends from the Salton Sea in Southern California to north of Point Arena Along the northern California coast, where the fault trace extends out into the Pacific Ocean. In the south, the San Gabriel Mountains roughly denote the path of the San Andreas Fault. The San Andreas Fault is a strike-slip-type fault3 that traverses Los Angeles County and has experienced movement within the last 150 years.
San Jacinto Fault
The San Jacinto Fault is the most seismically active fault in southern California, with significant earthquakes (>M5.5), including surface rupturing earthquakes in 1968 (M6.6 Borrego Mountain earthquake) and 1987 (M6.6 Superstition Hills and M6.2 Elmore Ranch earthquakes), and numerous smaller shocks within each of its main sections. The fault zone is divided from north to south into: San Bernardino section, San Jacinto Valley section, Anza section, Coyote Creek section, Borrego Mountain section, Superstition Hills section, and Superstition Mountain section. Slip rates in the northern half of the fault system are around 12 mm/yr but are only around 4 mm/yr for faults in the southern half where strands overlap or are sub-parallel.
Whittier-Elsinore Fault
The Whittier-Elsinore Fault is a major strike-slip fault zone that is part of the San Andreas Fault system. The fault has been divided into sections, from north to south: Whittier section, Chino section, Glen Ivy section, Temecula section, Julian section, Coyote Mountain section, and Laguna Salada section. Research studies have been done to assess faulting on most of the sections, and have documented Holocene activity for the length of the fault zone with a slip rate around 4-5 mm/yr. Multiple events have only been dated on the Whittier fault and Glen Ivy North fault strand, so interaction between faults and adjacent sections is not well-known.
Although no known historic earthquakes have occurred on this fault, at least one surface rupturing earthquake has occurred in the past 9,598 yr.
Figure 4-3: Fault Activity Map in Region
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Source: California Department of Conservation
Extent: The speed of onset of earthquake is short. Duration of shaking is also short, though aftershocks may continue to occur for a period of time. The amount of energy released during an earthquake is usually expressed as a magnitude and is measured directly from the earthquake as recorded on seismographs. An earthquake’s magnitude is expressed in whole numbers and decimals (e.g., 6.8).
Previous occurrences: Since 1990 there has only been one Presidential Declaration due to an earthquake
Table 4-11: Riverside County Disaster Declarations from Earthquakes Year Disaster
Type
Disaster Cause County Disaster
Number
Federal
Declaration Date
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1992 Earthquake Earthquake &
Aftershocks
Riverside DR-947 7/2/1992
Source: FEMA, California Tax Franchise Board
Probability of future events:
Major earthquakes in the City of Coachella can be classified as 2 — Possible — Between 1 and 10 percent chance of occurrence in the next year
4.4.2 Severe Weather: Extreme Heat- Severity- 2, Probability - 4, Ranking- 2 Hazard Description: Extreme heat is a hazardous weather phenomenon characterized by abnormally high temperatures over an extended period. It occurs when there is a prolonged period of excessively hot weather, often accompanied by high humidity levels, leading to dangerous and potentially life-threatening conditions. Extreme heat events are marked by temperatures that significantly exceed the local average for a given season. These events can result in daytime highs above 100 degrees Fahrenheit and nighttime lows that offer little relief.
Extreme heatwaves can last for several days to weeks, with little to no respite from the elevated temperatures. Prolonged exposure to these conditions increases the risk to human health. In comes cases, extreme heat may be accompanied by high humidity, which can intensity the heat stress experienced by individuals. High humidity makes it harder for the body to cool down through sweating.
Heat is a significant hazard faced by the City of Coachella. Extreme heat events can have a significant impact on human health, the environment, and critical infrastructure. The impacts to human health include heat exhaustion, heat stroke, and other heat-related illnesses.
Vulnerable populations including the elderly, young children, and individuals with preexisting medical conditions are particularly at risk. Extreme heat can have adverse effects on the environment, including drought conditions, reduced air quality, and stress on ecosystems. It can also contribute to wildfires, especially in regions with dry vegetation. The prolonged exposure to high temperature can stress critical infrastructure, including power grids, transportation systems, and water supplies. Power outages and transportation disruptions are common during extreme heat events.
Location: Coachella’s desert location and low elevation contribute to its susceptibility to extreme heat, particularly during the summer months. Extreme heat events affect the entire city and the surrounding areas within Riverside County. The extent of the impact is widespread, with elevated temperatures impacting both urban and rural communities.
Extent: Extreme heat events are frequent in Coachella, typically occurring from May to September. Prolonged heatwaves, lasting several days to weeks, can lead to severe heatrelated impacts. Prolonged exposure to high temperatures poses a risk to the health and wellbeing of the population, particularly vulnerable groups such as the elderly, young children, outdoor workers, and individuals with pre-existing health conditions. Extreme heat can cause a range of health issues, including heat exhaustion and heat stroke, particularly in vulnerable
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populations. High temperatures can also increase the demand for electricity for cooling, which can stress the power grid and lead to outages.
Factors such as high temperatures, low humidity, and limited nighttime cooling contribute to elevated heat indices. Heat indices can significantly exceed the actual air temperature, intensifying the heat stress experienced by residents. Below is a chart depicting possible heat disorders in high-risk groups in relation to temperature and relative humidity.
Figure 4-4: Heat Index Chart
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Source: National Weather Service
Previous occurrences: There have been no state or federal declarations for extreme heat.
The National Risk Index lists 142 heat wave events for the planning area and the planning committee has historical knowledge of multiple days of extreme heat over 100 degrees Fahrenheit.
Probability of future events: 4 — Highly likely — Temperature extremes are likely to continue to occur annually in the planning area. Temperatures at or above 100 degrees typically occur during the summer months in the city.
4.4.3 Flooding - Severity - 1, Probability - 2, Ranking – 3 Hazard description: Flooding is natural hazard characterized by the overflow of water onto normally dry land, resulting in inundation. Flooding in the City of Coachella can occur due to various factors, including heavy rainfall, flash foods, storm surges, and the overflow of rivers and canals. Flooding can have several adverse impacts, including:
• Property damage: can cause structural damage to buildings, homes, and other infrastructure.
• Disruption of utilities: can damage electrical, water, and sewage systems leading to service interruptions.
• Environmental impacts: can result in soil erosion, water contamination, and damage to ecosystems.
Location: The city is in proximity to several bodies of water, including the Coachella Valley Stormwater Channel and Whitewater River, making it susceptible to various types of flooding events.
Extent: Flooding events in Coachella can vary in extent and severity. Depending on the cause, flooding can impact localized areas, such as streets and low-lying neighborhoods, or more extensive regions of the city and surrounding areas within Riverside County. Flash floods in particular can develop rapidly and affect specific locations without much warning.
As a result of high flood events from 2014 – 2022 the below map is a reflection of high flood prone areas within the city limits. The below map identifies where higher risk damages are for city facilities and is supported by modeling completed in the City’s Stormdrain Master Plan.
Figure 4-5: City of Coachella Flood Prone Areas
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Previous occurrences: There have been two state declarations for flooding/severe storms in Riverside County since the last LHMP update in 2018 and a total of 10 federal declarations for Riverside County for flooding/severe storms since 1990.
In February 2014, the Coachella Valley experienced severe flash floods following a heavy rainstorm, resulting in property damage and road closures.
Table 4-12: Riverside County Disaster Declarations from Flood and Severe Storms Disaster Type State Declaration Federal Declaration
Count Years Count Years
Flood - - 3 1993, 2011,
2017
Severe Storm 2 2019, 2022 7 1995, 1998,
2005, 2010,
2019
Source: FEMA, California Tax Franchise Board
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Probability of future events: 4 — Highly Likely — Near 100 percent chance of occurrence in the next year. With the increase in atmospheric rivers and change in weather patterns heavy rain falls over a short period of time are becoming a multi-year event.
4.5 Vulnerability Assessment
An estimate of the vulnerability of the city to each identified hazard, in addition to the estimate of likelihood of future occurrence, is provided in each of the hazard specific sections that follow.
Vulnerability is measures in general, qualitative terms and is a summary of the potential impact based on past occurrences, spatial context, damage and casualty potential. It is categorized into the following classifications.
• Low – minimal impact. The occurrence and potential cost of damage to life and property is minimal.
• Medium – moderate potential impact. This ranking carries a moderate threat level to the general population and/or build environment. Here the potential damage is more isolated and less costly than a more widespread disaster. • High – widespread potential impact. This ranking carries a high threat to the general population and/or build environment. The potential for damage is widespread. Hazards in this category may have occurred in the past.
4.5.1 Earthquake Vulnerability Assessment
Likelihood of Future Occurrence (major earthquake): 1 — Unlikely — Less than 1 percent chance of occurrence in the next 100 years
Vulnerability – High
The city has a mix of building structures, including older constructions and newer developments. Older buildings, especially those build before modern seismic codes were established, may be more vulnerable to earthquake damage. Retrofitting and strengthening of older structures are essential to reduce the risk of structural failures and protect occupants.
The planning committee has identified approximately 36 unreinforced masonry buildings in the City. The majority of the unreinforced masonry buildings are downtown, which is very much a community asset. The downtown area is the community’s major attraction. City Hall is the only critical facility that is an unreinforced masonry building. Critical infrastructure, including roads, bridges, utilities, and lifeline systems (water, power, gas), may be significantly impacted by a major earthquake. Damage to the infrastructure can lead to disruptions in transportation, communication, and emergency response efforts. The city’s vulnerability is further compounded by its location near the San Andreas Fault, increasing the potential for ground shaking and infrastructure damage.
The San Andreas Fault was focused on for the assessment. USGS earthquake shake map for a 7.5 magnitude earthquake on the San Andreas Fault, Figure 4-6, was used to establish potential damage estimates. This map classified shaking as “Violent”, this was then assigned
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a value of .10 and multiplied by the total “Exposure-Building Value” from the NRI data for Planning Area.
Figure 4-6: USGS Shake Map San Andreas
Table 4-13: Earthquake Total Value Loss for Structures in the City of Coachella Census Tract Earthquake - Exposure - Building Value Value Loss 045703 $ 371,507,000 $ 37,150,700
045704 $ 231,242,000 $ 23,124,200
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045706 $ 313,621,000 $ 31,362,100
045707 $ 556,679,000 $ 55,667,900
045708 $ 349,521,000 $ 34,952,100
045709 $ 268,519,000 $ 26,851,900
Total Value Loss = $ 209,108,900
A magnitude of 7.0 or higher earthquake would impact the entire planning area including all of the critical facilities within the planning area. It would be catastrophic to the entire community. The shaking can result in various impacts, including:
• Building and infrastructure damage: may cause structural damage to buildings, freeways, roads, bridges, and other critical infrastructure, jeopardizing public safety.
• Disruption of essential services: may interrupt the supply of electricity, water, gas, and communication networks, impacting emergency response and recovery efforts.
• Ground failure: can trigger landslides, liquefaction, and other ground failures, further damaging infrastructure and posing risks to residents. • Secondary hazards: can trigger secondary hazards such as fires, gas leaks, train derailments, and hazardous materials incidents.
4.5.2 Heat Wave Vulnerability Assessment
Likelihood of future occurrence: 4 — Highly Likely — Near 100 percent chance of occurrence in the next year
Vulnerability – Medium
Heat is a significant hazard faced by the City of Coachella. Heatwaves are common during the summer months, with temperatures often exceeding 100 degrees Fahrenheit. Prolonged exposure to high temperatures poses a risk to the health and well-being of the population, particularly vulnerable groups such as the elderly, young children, outdoor workers, and individuals with pre-existing health conditions.
Heat waves will have limited impact on damage to physical structures and limited loss risk associated with them. The greatest risk is to the vulnerable populations throughout the planning area. The Public Health Alliance of Southern California created an index to identify health disadvantage areas within the state. Areas that have a low Healthy lace Index (HPI) would be at greater risk during heat waves. Figure X is a map of the HPI for the Planning Area.
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Figure 4-7: Healthy Places Index Map for Coachella
Source: Public Health Alliance of Southern California
Due to the low HPI all of the residents within the planning area would be susceptible to heat waves.
The City of Coachella has developed a strategic plan for the activation of Cooling and Warming Centers. In circumstances of extreme heat, the City has a cooling station plan and identifies city facilities as cooling stations open to the public. The Centers will be activated based on the following conditions:
• The forecast anticipated temperatures of 100+ degrees for three consecutive days or extreme cold.
• The Riverside County Department of Public Health, after contact with the National Weather Service, issues a “Heat Warning” for affected areas.
• Heat Warning announcements posted on media outlets; television, radio, local newspaper and posting on the Summer Crisis Hotline.
• Activation of Cooling or Warming Centers by the Community Action Partnership of Riverside County.
4.5.3 Flooding Vulnerability Assessment
The vulnerability assessment for flooding in the City of Coachella highlights structures, systems, populations, and community assets susceptible to damage and loss from flood-related hazards.
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Structures:
1. Residential Buildings: Many residential structures in Coachella are susceptible to flood damage due to their proximity to water bodies and varying levels of flood-resistant construction.
2. Commercial and Industrial Buildings: Businesses and industries located in flood-prone areas may experience damage to their facilities, inventory, and equipment.
3. Critical infrastructure: Key infrastructure, including bridges, roads, electrical substations, and wastewater treatment plants, is vulnerable to flooding, potentially leading to service interruptions and costly repairs.
Systems:
1. Stormwater Management: Outdates or inadequate stormwater drainage systems can contribute to localized flooding, exacerbating flood risks.
2. Utilities: Water supply, power, gas, and telecommunications systems may be disrupted during flooding events, affecting essential services and communication.
Populations:
1. Vulnerable Populations: Low income communities, the elderly, young children, and individuals with disabilities may face increased risks due to limited resources, mobility challenges, and difficulties accessing emergency services.
2. Tourists and Seasonal Residents: Coachella attracts tourists and seasonal residents. Lack of familiarity with local flood risks and evacuation routes can put the populations at higher risk vulnerability.
Community Assets:
1. Agricultural Lands: Coachella’s economy relies on agriculture. Flooding can damage crops, impacting the livelihoods of farmers and the local economy.
2. Cultural and Historic Sites: Flooding poses a risk to Coachella’s cultural heritage, including historic structures, aritfacts, and cultural landmarks.
3. Emergency Services: Floods can overwhelm emergency services, hindering response efforts and potentially putting first responders at risk.
4. Educational Institutions: Schools and educational facilities are essential assets. Flooding can disrupt education, impacting student’s academic progress and the community’s wellbeing.
The City of Coachella is vulnerable to flooding due to its geographic location, proximity to water bodies, population density, and historical flood events. Vulnerable structures, systems, populations, and community assets are at risk of damage and loss in the event of flooding.
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Below is a map of the critical infrastructure in the City of Coachella overlayed on FEMA’s National Flood Hazard Layer.
Figure 4-8: Critical Infrastructure and FEMA’s Flood Hazard Layer SECTION 5.0 – COMMUNITY RATING SYSTEM
5.1 REPETITIVE LOSS PROPERTIES
There are no repetitive loss properties in the City of Coachella.
5.2 NATIONAL FLOOD INSURANCE PROPERTIES
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The City of Coachella does participate in the National Flood Insurance Program (NFIP) - # 060249 since 09/30/80.
a. Describe participation in NFIP, including any changes since previously approved plan. There are no changes since the 2018 Local Hazard Mitigation Plan. b. Date first joined NFIP. 09/30/1980
c. Identify actions related to continued compliance with NFIP.
Continually monitoring all streets, flood control channels, washes, and hillsides. Upgrade flood maps as identified by the Community Action Visit and as additional incorporation areas become part of the City.
d. CRS member? N/A
e. CRS class? N/A
f. Describe any data used to regulate flood hazard area other than FEMA maps.
N/A
g. Have there been issues with community participation in the program? None
h. What are the general hurdles for effective implementation of the NFIP? None
i. Summarize actions related to continued compliance with NFIP (c-2 and c-4) N/A
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SECTION 6.0 - CAPABILITIES ASSESSMENT
Capabilities are the programs and policies currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. This capabilities assessment is divided into five sections –
• Regulatory Mitigation Capabilities
• Administrative And Technical Mitigation Capabilities
• Fiscal Mitigation Capabilities
• Mitigation Outreach And Partnerships
• Funding Sources
6.1 REGULATORY MITIGATION CAPABILITIES
Regulatory mitigation capabilities can be expanded and improved in the following ways:
Providing incentives and financial assistance for property owners to retrofit their buildings for hazard resilience. This can include grants, low-interest loans, or tax incentives for improvements.
Implementing and enforcing zoning regulations that restrict development in high-risk areas, such as floodplains. Encourage smart land use planning to minimize exposure to hazards.
Table 6-14 lists planning and land management tools typically used by jurisdictions to implement hazard mitigation activities and those that are currently active in the city. The column that indicates “Yes” or “No” defines if the City has that capability currently.
Table 6-14: Regulatory Mitigation Capabilities for the City of Coachella Regulatory Tool Yes/No Comments
General plan Yes Updated 2015; This plan helps with the City’s long-term changes and
improvements, which include
developing new infrastructure or
policies on topics like land use,
mobility, and public safety. It also
includes a discussion of fire,
earthquake, flooding, and severe
weather. This plan assists with the
integration of mitigation actions.
Zoning ordinance Yes Title 17-Chapter 17.08
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Subdivision ordinance Yes Title 15 – Chapter 15.08.030
Site plan review requirements Yes
Floodplain ordinance No
Other special purpose
ordinance (storm water, water
conservation, wildfire)
Yes 2015 Model Water Efficient Landscape
Ordinance
Building code Yes California Code, Title 15; This code
indicates how new developed
structures can be built. This code can
support with some of the mitigation
actions the City may consider doing in
revising and updating this code in order
to enforce stricter building regulations
to prevent disaster risks such as fires
and earthquakes.
Fire department ISO rating Yes
Erosion or sediment control
program
No
Storm water management
program
Yes
Capital improvements plan Yes Five year plan, updated annually Economic development plan Yes Comprehensive General Plan Local emergency operations
plan
Yes Updated 2021
Flood Insurance Study or other
engineering study for streams
Yes Panel 2300
6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES
Administrative/technical mitigation capabilities can be expanded or approved upon in the following ways:
Implementing an advanced early warning system for different hazards, such as flood forecasting and earthquake early warning systems. Early warning systems detect and inform at-risk communities before disasters, enable early action, save lives and reduce impact of disasters.
Table 6-15 is a list of City Departments that can have a role in activities related to hazard mitigation. The column that indicates “Yes” or “No” defines if the City has that capability currently.
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Table 6-15: Administrative and Technical Capabilities for the City of Coachella.
Personnel Resources Yes/No Department/Position
Planner/engineer with knowledge of land
development/land management practices Yes Development Director Engineer/professional trained in
construction practices related to buildings
and/or infrastructure Yes
City Engineer and Building
Official
Engineer with an understanding of
natural hazards Yes
City Engineer and
Development Director
Personnel skilled in GIS Yes Planning Department
Full time building official Yes Building Division
Floodplain manager No
Emergency manager Yes Public Works/ESC
Grant writer Yes Administration
GIS Data—Land use Yes Planning Department
GIS Data—Links to Assessor’s data Yes Planning Department Warning systems/services
(Reverse 9-11, outdoor warning signals) No
6.3 FISCAL MITIGATION CAPABILITIES
Fiscal mitigation capabilities can be expanded or improved upon by seeking federal, state, and regional grant opportunities that provide funding for hazard mitigation projects. This could include programs like the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Assistance (HMA) grants. Be diligent in applying for available grants and maximizing the use of external funds for mitigation projects.
Table 6-16 identifies financial tools or resources that the city could potentially use to help fund mitigation activities.
Table 6-16: Fiscal Mitigation Capabilities for the City of Coachella Financial Resources
Accessible/Eligible
to Use (Yes/No)
Comments
Community Development Block
Grants, HMPG, or other federal
infrastructure finding
Yes EMPG, SHSP
Capital improvements project
funding
Yes
Authority to levy taxes for
specific purposes
Yes With voter
approval
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Fees for water, sewer, gas, or
electric services
Yes Water & Sewer
Impact fees for new
development
Yes
Incur debt through general
obligation bonds
Yes With voter
approval
Incur debt through special tax
bonds
Yes With voter
approval
Incur debt through private
activities
No
Withhold spending in hazard
prone areas
N/A
Other
6.4 MITIGATION OUTREACH AND PARTNERSHIPS
The City of Coachella has engaged in mitigation outreach efforts to educate residents, businesses, and community organizations about the importance of disaster preparedness and mitigation.
The City trains residents in emergency preparedness through Teen CERT classes that are available once per year. CERT training prepares residents to assist the City of Coachella and emergency personnel during hazardous situations and mitigates the likelihood of loss of life or injury in the process.
The City has provided emergency preparedness presentations to the older adults that convene at the Senior Center.
The City regularly interacts with the City of Coachella’s Emergency Services representative.
City of Coachella has regular discussions and attends meetings held by the County of Riverside Emergency Management Department, to include the Riverside County Operational Planning Committee (OAPC) meetings.
The City participates in the Great ShakeOut annually with all staff.
The City of Coachella Fire Department has an automatic aid agreement for fire and emergency medical services with the Riverside County Fire.
6.5 FUNDING OPPORTUNITIES
FEMA HMA Grants: Cal OES administers three main types of HMA grants: (1) Hazard Mitigation Grant Program, (2) Pre-Disaster Mitigation Program, and (3) Flood Mitigation Assistance Program. Eligible applicants for the HMA include state and local governments, certain private non-profits, and federally recognized Indian tribal governments. While private
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citizens cannot apply directly for the grant programs, they can benefit from the programs if they are included in an application sponsored by an eligible applicant.
FEMA Public Assistance Section 406 Mitigation: The Robert T. Stafford Disaster Relief and Emergency Assistance Act provides FEMA the authority to fund the restoration of eligible facilities that have sustained damage due to a presidentially declared disaster. The regulations contain a provision for the consideration of funding additional measures that will enhance a facility’s ability to resist similar damage in future events.
Community Development Block Grants: The California Department of Housing and Community Development administers the State’s Community Development Block Grant (CDBG) program with funding provided by the U.S. Department of Housing and Urban Development. The program is available to all non-entitlement communities that meet applicable threshold requirements. All projects must meet one of the national objectives of the program – projects must benefit 51 percent low- and moderate-income people, aid in the prevention or clearance of slum and blight or meet an urgent need. Grant funds can generally be used in federally declared disaster areas for CDBG eligible activities including the replacement or repair of infrastructure and housing damaged during, or because of, the declared disaster.
SECTION 7.0 - PLAN IMPLEMENTATION AND MAINTENANCE PROCESS The City will monitor its LHMP on an annual basis as it evaluates and submits budget requests for its Emergency Operations Division and submits projects to be funded by its Capital Improvement Program. Limitations will exist and dependent on available funding. Our Public Works Department will be in charge of review, monitoring, evaluation and updating our LHMP. If through this process we discover changes have occurred during the review/evaluation, we will update the LHMP Revision Page and notify OES to update our Annex.
The evaluation process will include assessments of the following components of the LHMP:
• Reassess our hazards and mitigations. Reaffirm if those identified are still accurate. • Assess if the nature, magnitude, and/or type of risks have changed. • Identify planning tools that must be refined and/or developed. • Identify resources available to respond to the hazards identified and what resources are lacking.
• Identify regional resources and relationships we need to build upon and refine. • Obstacles identified as a result of training or real incidents. • Evaluate whether the agencies and other partners participation was as anticipated.
The City of Coachella has several existing planning mechanisms where hazard mitigation information and actions will interconnect. These mechanisms include:
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Comprehensive plan: The comprehensive plan, also known as a general plan, is a long-range policy document that guides the physical, social, and economic development of a city. It typically includes land use goals, objectives, and policies. Hazard mitigation information and actions can be integrated into the comprehensive plan by incorporating specific land use regulations, development standards, and policies that address hazard-prone areas, resilient infrastructure, and disaster preparedness.
Capital Improvement Plan: The Capital Improvement Plan outlines the city’s proposed public infrastructure projects and major investments over a specified period. By incorporating hazard mitigation information and actions into the Capital Improvement Plan, the city will prioritize projects that enhance resilience and reduce vulnerability to hazards. This includes projects such as flood control measures and retrofitting critical infrastructure.
Zoning and Building Codes: Zoning regulations and building codes play a crucial role in shaping land use and development within a city. By integrating hazard mitigation principles into zoning ordinances and building codes, the city can ensure that new development projects adhere to resilient design standards, setback requirements, and other measures that mitigate risks posed by hazards. This could include regulations for building in flood zones, seismic safety requirements, or wildfire-resistant construction practices.
Permitting Processes: Permitting processes provide the framework for reviewing and approving development projects. Incorporating hazard mitigation into the permitting process allows the city to assess potential risks and ensure that proposed projects comply with applicable hazard mitigation measures. This may involve conducting environmental assessments, requiring hazard impact studies, or incorporating hazard mitigation conditions as part of the permitting requirements.
It is critical to engage stakeholders and the community throughout the process. This includes involving relevant departments within the local government, such as planning, public works, emergency management, and community development, in the integration process. Additionally, public participation through workshops, meetings, and feedback mechanisms should be encouraged to gather input and ensure community buy-in.
SECTION 8.0 INCORPORATION INTO EXISTING PLANNING MECHANISMS The City of Coachella will integrate mitigation goals, information, and actions from its 2022 LHMP into the Safety Element of the General Plan upon the next update in 2035. The LHMP is already implemented into the following planning mechanisms.
• Building and Construction Codes
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• Fire Codes
• Capital Improvement Plan
• Storm Drain Master Plan
• Stormwater ordinance required by MS4
• Efficient Landscape Irrigation Ordinance required by MS4 The LHMP will be reviewed by key staff to incorporate the identified hazards within the City. Some of these identified hazards will also include review with the County of Riverside Emergency Management Department personnel to help address potential funding opportunities. All of the identified hazards within the plan will be considered in building, modernizing, and maintaining city facilities.
SECTION 9.0 - CONTINUED PUBLIC INVOLVEMENT
After the City of Coachella Planning Committee reviews the Scheduled Plan Maintenance Process, we will notify the public of any changes and request input from the public to the LHMP by posting the LHMP on the city’s website, announcing the request for input at public events and meetings.
In addition, we discuss hazard mitigation planning during all CERT courses and refresher trainings.
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APPENDIX A – PUBLIC NOTICES AND MAPS
Figure A – 9: Public Opportunity City Website Screenshot
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Figure A – 10: Public Opportunity Survey Questions
1. What city or unincorporated area do you live and work in?
2. Are you responding as:
a. Resident
b. Community Organization
c. Local Business
d. Non-Profit Organization
3. Are you aware that Riverside County has a Local Hazard Mitigation Plan? a. Yes
b. No
4. Please select the one hazard you think is the highest threat to your neighborhood:
a. Extreme Weather
b. Flood
c. Insect Infestation
d. Landslide
e. Tornado
f. Wildland Fire
g. Civil Disorder
h. Communications Failure
i. Cyber Attack
j. Dam Failure
k. Electrical Failure
l. HazMat Incident
m. Jail/Prison Event
n. Nuclear Incident
o. Pipeline Disruption
p. Terrorist Event – Mass Casualty Incident
q. Transportation Failure
r. Water Supply Disruption/Contamination
s. Emergency Disease/Contamination
t. Pandemic Flu
5. Please select the one hazard you think is the second highest threat to your neighborhood:
a. Extreme Weather
b. Flood
c. Insect Infestation
d. Landslide
e. Tornado
f. Wildland Fire
g. Civil Disorder
h. Communications Failure
i. Cyber Attack
j. Dam Failure
k. Electrical Failure
l. HazMat Incident
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m. Jail/Prison Event
n. Nuclear Incident
o. Pipeline Disruption
p. Terrorist Event – Mass Casualty Incident
q. Transportation Failure
r. Water Supply Disruption/Contamination
s. Emergency Disease/Contamination
t. Pandemic Flu
6. In your opinion, what are some steps your local government could make to reduce or eliminate the risk of future damages in your neighborhood?
7. Are there any other issues regarding the reduction of risk and loss associated with hazards or disasters in the community that you think are important?
8. A number of community-wide activities can reduce our risk from hazards. In general, these activities fall into one of the following six broad categories. Please tell us how important you think each one is for your community to consider pursuing.
Prevention – Administrative or regulatory actions that influence the way land is developed and buildings are constructed (Example – Planning and zoning building codes, etc). a. Very Important
b. Somewhat Important
c. Not Important
Property Protection – Actions that involve the modification of existing buildings or structures to protect them from a hazard or remove them from the hazard area (Example – Retrofits, relocation, acquisition, etc).
a. Very Important
b. Somewhat Important
c. Not Important
Public Education and Awareness – Actions to inform and educate residents, elected officials and property owners about the hazards and potential ways to mitigate them (Example – Outreach, real estate disclosure, school-age and adult education).
a. Very Important
b. Somewhat Important
c. Not Important
Natural Resource Protection – Actions that, in addition to minimizing hazard losses, also preserve or restore the functions of natural systems (Example – Erosion control, stream restoration, etc). a. Very Important
b. Somewhat Important
c. Not Important
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Emergency Services – Actions that protect people and property during and immediately after a disaster or hazard event (Example – Warning systems, protection of official facilities, etc). a. Very Important
b. Somewhat Important
c. Not Important
Structural Projects – Actions that involve the construction of structures to reduce the impact of a hazard (Example – Dams, floodwalls, etc).
a. Very Important
b. Somewhat Important
c. Not Important
9. What would make you lose confidence in your jurisdiction’s ability to protect you and your community from hazards?
Non-disclosure of the hazards in my community
a. Very Important
b. Somewhat Important
c. Not Important
Poor planning and response to an emergency or disaster
a. Very Important
b. Somewhat Important
c. Not Important
Lack of follow-up in implementing carrying out mitigation projects a. Very Important
b. Somewhat Important
c. Not Important
No early alert and warnings notifications during an emergency or disaster a. Very Important
b. Somewhat Important
c. Not Important
Too many alert and warnings notifications regarding an emergency or disaster a. Very Important
b. Somewhat Important
c. Not Important
10. Please provide us your name, email, and telephone number. Riverside County will use this information only in instances where they need to respond to your questions or comments. We will not share this information with anyone.
a. Name (Optional)
b. Email Address (Optional)
c. Phone Number (Optional)
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Figure A – 11: Teen CERT Agenda
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December 2022 Page 134
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Figure A – 12 : City of Coachella’s Flood Prone Areas Map
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Figure A – 13: City of Coachella’s (FIRM) Flood Insurance Rate Map
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APPENDIX B – INVENTORY WORKSHEETS
SEE ATTACHMENTS
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APPENDIX C – PLAN REVIEW TOOL/CROSSWALK
SEE ATTACHMENTS
Item 10.
STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Award Amendment No. 2 to construction agreement with WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122 to extend their term through June 30, 2024.
STAFF RECOMMENDATION:
Award Amendment No. 2 to construction agreement with WGJ Enterprises Inc. (dba PCI) for the FY 2023-26 On-Call Striping Contract Project No. 083122 to extend their term through June 30, 2024.
EXECUTIVE SUMMARY:
The City published a Request for Proposals (“RFP”) for on-call striping services for fiscal years 2023-2026. This RFP closed on October 4, 2022 at 2pm. The City received one responsive and responsible proposal from WGH Enterprises Inc. and the City awarded the RFP to WGH Enterprises Inc. During the 2022-2023 fiscal year, the awarded contract restriped Cesar Chavez Street and sections of Grapefruit Boulevard.
The awarded RFP was amended one time for fiscal year 2023/2024 with a term ending January 2024. Staff is requesting the awarded term be extended to coincide with the fiscal year through June 30, 2024.
FISCAL IMPACT:
The recommended action will not have a fiscal impact.
Attachments:
Proposed Amendment
Item 11.
CONTRACTOR AGREEMENT – AMENDMENT NO 2
This Contract for Construction (“Contract”), is made and entered into this 28th day of February, 2024, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and WGJ Enterprises Inc., dba PCI, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
FY 2023-26 On-Call Striping Contract
CITY PROJECT NO. 083122
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TERM.
The term of this Amended Agreement shall commence on the 1 st day of November 2022, and
shall terminate on the 30
th day of June 2024, unless terminated earlier as set forth herein.
This Agreement may be mutually extended for up to three additional one-year terms, through fiscal year 2025/2026, upon satisfactory performance of all aspects of this Agreement. The City may submit written notice that the Agreement is to be extended at the same terms and compensation as the existing Agreement.
Contractor and City agree that time is of the essence regarding the performance of this Agreement. All work called for under this Agreement will require the Contractor submit and City approve a Project Schedule for completion of work requested.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the not to exceed sum of One Hundred Twenty Thousand Dollars ($120,000.00) for FY 2022-2023 and One-Hundred Fifty Thousand Dollar ($150,000.00) for FY 2023-24.. Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Proposal Schedule.
Item 11.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time (per approved Project Schedule). Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Proposers
ProposalForms
ProposalAcknowledgement
ProposalSchedule
ProposalGuarantee
Designation of Subcontractors
Information Required of Proposers
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Item 11.
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 11.
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 D. Martin, PhD
City Manager
ATTEST:
By:
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
WGJ ENTERPRISES INC., DBA PCI
By:
Its:
Printed
Name:
By:
Its:
Printed
Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
Item 11.
Fu
STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorize the City of Coachella City Manager to Finalize and Execute a Cooperative Agreement between the City of Coachella and the Twenty Nine Palms Mission Indians For Improvements to Dillon Road and Authorize $1,658,329.99 fund transfer from the General Fund (Fund 101) to Road Maintenance -Dillon Road (Fund 108)
STAFF RECOMMENDATION:
Authorize the City of Coachella City Manager to Finalize and Execute a Cooperative Service Agreement between the City of Coachella and the Twenty Nine Palms Mission Indians for reimbursement of Paving Improvements of Dillon Road between Vista Del Norte and 44th Avenue.
Approve a fund transfer of $1,658,329.99 from the General Fund (Fund 101) to lend money to the Road Maintenance-Dillon Road (Fund 108) account.
BACKGROUND:
In 2022, The City approved the creation of Fund 108, which is the Road Maintenance- Dillon Road account. This account receives quarterly deposits from the County as a percentage of total tipping fees at the County operated Landfill located on Dillon Road north of the City limits. This fund was established to provide maintenance and repairs to Dillon Road, which is currently rated in a failed condition as a result of the high traffic volumes on this Main Arterial corridor.
In January 2024, the City of Coachella City Council authorized an MOU by and between the City of Coachella (City) and Twenty-Nine Palms Band of Mission Indians (Tribe). This agreement included authorization of major street improvements on Dillon Road between Vista Del Sur and Harrison Place along the frontage of the Spotlight 29 Casino Complex Properties. The City recognized these valuable improvements to the Dillon Road Corridor and reached out to the Tribe to provide a cost estimate to expand their project limits and complete necessary street improvements on Dillon road north of their project frontage and extending to the City Limits at 44th Avenue.
Item 12.
DISCUSSION/ANALYSIS:
City staff has worked closely with the Tribe to complete street improvement plans and construction estimates for the portion of Dillon Road between Vista Del Norte and 44th Avenue. Since the Tribe is currently doing extensive roadwork within the Dillon Road corridor, it is beneficial to the community and to the City to complete the entire Dillon road corridor as one complete project. By cooperating with the Tribe and their onsite contractors, the City can realize cost saving benefits from consolidated management, mobilization and operational costs. The City also saves considerable staff time and costs relative to internal management of the project by cooperating with the Tribe and their contractors on this valuable offsite work.
The City has received and analyzed improvement plans and project estimates from the Tribe and has compared the proposed work and estimated costs against standard costs found on similar projects. Based on this analysis, it has been determined that the City will save considerable time money and staff resources by completing the proposed paving projects under the Cooperative Agreement presented herein. The Cooperative Service Agreement, which includes the project estimate and project plans are attached as Exhibit A. The primary work to be completed is the complete removal and reconstruction of all asphalt paved surfaces on Dillon road from the intersection of Vista Del Norte to the Northern City limits at 44th Avenue. The project will also include repair and improvements to existing curbs, ADA ramps and Concrete cross gutters as needed to complete the project.
FISCAL IMPACT:
The total cost of the project is estimated at $1,816,596.55, which includes the project estimate of $1,651,451.55 plus a 10% contingency of $165,145. The project is to be funded from the Road Maintenance- Dillon road (Fund 108) account which has a current balance of $158,266.56. It is recommended that the General Fund lend the remaining project balance to Fund 108 with a transfer of $1,658,239.99. Fund 108 shall reimburse the General Fund the full value of the transfer over the next 12 to 15 years as quarterly payments continue to replenish the account.
Dillon Road North Budget
Project Estimate: $1,651,451.55
10% contingency $165,145
Total Project Cost: $1,816,596.55
Funding Source (Fund 108) $158,266.56
General Fund Loan (Fund 101)* $1,658,329.99
Total Funding: $1,816,596.55
*Note: Reimbursement for general fund is anticipated to take about 15 years, which is consistent with expected and standard maintenance periods on a newly reconstructed roads.
ATTACHMENTS:
1. Exhibit A – City/Tribe Cooperative Agreement Dillon Road North Draft.
Item 12.
Dillon Road Paving Project
Twenty-Nine Palms of Mission Indians & City of Coachella Service Agreement 1 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 SERVICE AGREEMENT BY AND BETWEEN
TWENTY-NINE PALMS OF MISSION INDIANS
AND
CITY OF COACHELLA
FOR
DILLON ROAD PAVING PROJECT
This Agreement is entered into this ______ day of ______________________, 2024, by and between the TwentyNine Palms of Mission Indians (hereinafter “Tribe”) and the City of Coachella, a municipal corporation, (hereinafter “CITY”), to repair asphalt and concrete facilities on Dillon Road between Vista Del Sur and Avenue 44, (hereinafter “PROJECT”). TRIBE and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES.”
RECITALS
A. WHEREAS, the PARTIES have determined that there is significant need to repair Dillon Road, as shown in the attached Plans (Exhibit 1) in order to coordinate multiple projects within the Dillon Corridor into an effort that results in a complete improved street section. The PROJECT will remove and replace and/or grind and overlay portions of Dillon Road and Vista Del Norte north of Vista Del Sur and South of Avenue 44, replace Concrete Cross Gutters and Concrete ADA Ramps at Select intersections, and replace Concrete Curbs per the approved plans in Exhibit 1.
B. WHEREAS, the PROJECT is within the jurisdictional boundaries of the CITY; and C. WHEREAS, California Government Code Section 6502 provides that "[if] authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties".
D. WHEREAS, CITY and TRIBE desire to work together to design and construct the PROJECT; and E. WHEREAS, TRIBE will provide the administrative, technical, managerial, and support services reasonably necessary for the implementation of the PROJECT; and
F. WHEREAS, TRIBE and CITY desire to define the terms and conditions under which said PROJECT is to be
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AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:
SECTION 1 • TRIBE AGREES to:
1. Act as the lead agency for itself and on behalf of the CITY for the overall development and implementation of the PROJECT.
2. Prepare, or cause to be prepared, detailed Plans, Specifications & Estimate (PS&E) documents for the PROJECT and submit to CITY for review and approval at appropriate stages of development. Final plans for improvements shall be prepared to CITY standards and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY.
3. Make, or have its contractor make, written application to CITY for a NO FEE encroachment permit authorizing entry by the Tribe and its agents, consultants and contractors into CITY's right of way for the purposes of constructing the PROJECT.
4. Advertise, award and administer a public works contract for the construction of the PROJECT in accordance with TRIBE statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the TRIBAL agency public construction codes, California Labor Code, and California Public Contract Code.
5. Furnish qualified support staff to assist the Tribe’s contractor in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services reasonably necessary to assure that the construction is performed in accordance with the PS&E documents.
6. Construct the PROJECT in accordance with approved PS&E documents.
7. Furnish CITY one complete set of full-sized film positive reproducible as-built plans and all contract records, including survey documents, within six (6) months following the completion and acceptance of the PROJECT construction contract. Electronic copies of completed plans will be made available if CITY
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8. Furnish CITY a final reconciliation of PROJECT expenses within ninety (90) days following the substantial completion in accordance with the construction contract and acceptance of the PROJECT, which acceptance shall not be unreasonably withheld, conditioned, or delayed by the CITY. If final costs associated with the PROJECT are in excess of the CITY’S LOCAL SHARE provided in Section 2, TRIBE shall include a final bill to the CITY with the financial reconciliation.
SECTION 2 • CITY AGREES to:
1. Fund ONE HUNDRED percent (100%) of the total cost of the PROJECT (“CITY’S SHARE”) as detailed in “Exhibit B”, including the costs and expenses of preparing the PS&E documents. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in “Exhibit B", CITY will in good faith amend this Agreement to include any such costs under this Agreement as payable by the City as part of the CITY’s SHARE.
2. Deposit with TRIBE, upon execution of this Agreement, FIFTY PERCENT (50%) of the project estimate as detailed in Exhibit B (the “Deposit”) to be counted towards CITY’S SHARE.
3. Pay TRIBE ONE HUNDRED PERCENT (100%) of remaining balance of CITY’S SHARE, within 90 days after substantial completion of PROJECT.
4. Provide at no cost to TRIBE, a representative to coordinate with the TRIBE's Project Manager during the development and the construction of PROJECT, and to verify facilities are constructed as required by this Agreement.
5. Pay TRIBE for any final costs associated with the PROJECT that are excess of the CITY’S SHARE as determined pursuant to Section 1, Subsection 8, above.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. TRIBE shall not be obligated to commence services under this Agreement until after receipt of CITY's Deposit as required in Section 2, Subsection 2, above.
2. Construction by TRIBE of improvements referred to herein which lie within CITY rights of way shall not be commenced until an Encroachment Permit to TRIBE’'s contractor authorizing such work has been issued by CITY.
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29 3. TRIBE shall cause TRIBE's contractor to maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum combined single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum.
Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured. TRIBE shall also require TRIBE's contractor to maintain Worker's Compensation Insurance. TRIBE shall cause TRIBE’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.
4. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership.
5. CITY shall be responsible for the maintenance of the improvements comprising the PROJECT that are located within that CITY’S jurisdiction.
6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.
7. Neither TRIBE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold TRIBE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
8. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of TRIBE under or in connection with any work, authority or jurisdiction delegated to TRIBE under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, TRIBE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of TRIBE under or in
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9. In the event CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the TRIBE shall have the option to terminate this Agreement upon ninety (90) days written notice to the CITY, without limiting any other rights or remedies which the TRIBE may have under applicable laws as a result of such default by the CITY.
10. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
11. This Agreement is to be construed in accordance with the laws of the State of California.
12. Neither the CITY nor TRIBE shall assign this Agreement without the written consent of the other PARTY.
13. Any action at law or in equity brought by any of the PARTIES hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the PARTIES hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. If either party institutes an action or proceeding to enforce or interpret the terms or conditions of this Agreement, or arising out of any breach of this Agreement, the prevailing party in such action shall be entitled to recover from the other party all reasonable costs and expenses incurred in such action or proceeding, including reasonable attorneys' fees and costs, in addition to any other relief awarded by the court.
14. This Agreement is the result of negotiations between the PARTIES hereto, with the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by CITY or TRIBE shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against the PARTY that prepared it in its final form.
15. Any waiver by TRIBE or CITY of any breach by any other PARTY of any provision of this Agreement (a) must be in writing and signed by the party charged with such waiver; and (b) shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of TRIBE or CITY to require from any other PARTY exact, full and complete compliance with any of the
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29 provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or stopping TRIBE or CITY from enforcing this Agreement.
16. This Agreement and Exhibits 1 and 2 herein contain the entire agreement between the PARTIES with respect to the subject matter of this Agreement and are intended by the PARTIES to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any PARTY in relation thereto, not expressly set forth in this Agreement, is null and void.
17. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or affect the legal liability of any PARTY to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
18. CITY and TRIBE shall retain or cause to be retained for audit, all records and accounts relating to PROJECT for a minimum period of three (3) years from the date of recordation of a Notice of Completion of the PROJECT.
19. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement 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), for executing this Agreement. 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 the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. 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.
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29 20. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:
All notices to the TRIBE shall be sent to:
Twenty-Nine Palms of Mission Indians
Attn: George Nichols
Chief Administrative Officer
46200 Harrison Place,
Coachella, CA 92236
Fax: (760) 863-2449
-With a copy to:
Twenty-Nine Palms Band of Mission Indians
Attention: Anthony Madrigal, SVP Operations
46-200 Harrison Place, Coachella, CA 92236
Fax: 760-863-2449
All notices to the City shall be sent to:
City of Coachella
Attn: Andrew Simmons
City Engineer
53990 Enterprise Way
Coachella, CA. 92236
Fax: (760) 863-2449
Phone: (760) 398 - 5744
[Signatures appear on next Page.]
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TRIBE Approvals
RECOMMENDED FOR APPROVAL:
Twenty-Nine Palms Band of Mission Indians
By____________________________________
Title: __________________________________
CITY Approvals
APPROVED BY:
By___________________________________
DR. GABRIEL MARTIN
City Manager
APPROVED AS TO FORM:
By___________________________________
CARLOS CAMPOS
City Attorney
ATTEST:
By___________________________________
DELIA GRANADOS
City Clerk
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Project Plans
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Project Estimate
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STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
Cesar Lucrecio, Economic Development Technician
SUBJECT: Award a Contract to Deckard Technologies, Inc., of San Diego, California, for Short Term Rental Monitoring, Compliance, Enforcement, and Tax Collection Services in the Amount of $27,750
STAFF RECOMMENDATION:
Staff Recommends that the City Council consider awarding a contract to Deckard Technologies, Inc., of San Diego, California, for Short-term Rental Compliance Services in the amount of $27,750 for the initial one-year period of February 29, 2024 through January 31, 2025 with the option to extend the contract for four (4) additional one-year periods, subject to departmental and City Manager concurrence and available funding, and authorize the City Manager to execute the contract agreement.
BACKGROUND:
The City’s short-term rental (STR) monitoring and compliance program was launched in May 2018 and since then, the City’s STR market grew to approximately 350 STRs, so it was determined that the City should solicit proposals from qualified firms to offer professional services to ensure the City has access to the most comprehensive and effective services in an effort to provide for a synergistic approach to managing the City’s STR program for all departments involved.
Staff from Development Services, Finance, and Economic Development collaborated in the solicitation process to obtain proposals and identify the most qualified firm to provide these services. The scope of services included an optional TOT collection component so that customers could remit payments related to their STR in one portal. A total of three (3) firms submitted proposals that included the following:
Deckard Technologies, Inc.
GovOS
Host Compliance
The review panel consisted of subject matter experts from Finance, Economic Development, and
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Development Services, who reviewed the responses in accordance with the needs of the city. The panel determined that all three firms would be interviewed. Of the three firms interviewed, the panel selected Deckard Technologies Inc. as the most qualified firm.
Firm Location Rank Annual Fee
Deckard Technologies, Inc. San Diego, CA 1 $27,750
Host Compliance Seattle, WA 2 $23,310
GovOS Austin, TX 3 $38,847
DISCUSSION/ANALYSIS:
Deckard Technologies (“Deckard”) provided services, and all were positive. Overall, Deckard Technologies was described as professional, very responsive, and a great partner. On implementation, meeting deadlines, and providing support to staff, all were extremely pleased if an issue was identified (as it occurs with all new software); they worked immediately to fix it and were always able to reach someone whenever needed, all deadlines were met, and the only time Deckard submitted for a contract amendment was when the municipality requested something additional that was not part of the scope of services. One of the references initially contracting with Deckard was only for TOT collection, but soon realized they needed a better resource on the compliance side and expanded their contract and have since renewed it for additional years.
Key service and features that Deckard Technologies will provide that set them apart from the other firms include:
A user-friendly, intuitive, public-facing online portal in which residential STR businesses to apply for or renew a TOT certificate, STR permit, and/or a residential business license as applicable.
The portal will collect any STR permit fees, residential business license fees, or other fees in the future as required by the City and remit them to the county. Applicants will be prompted via email to pay annual fees. Fees not paid will be flagged for City staff. A TOT Certificate and STR Permit information will be made available directly within the Rentalscape system to aid in both revenue services and code enforcement activities. Providing automatic notification to applicants via email for renewal of applicable permits when required.
One dynamic form for the processing of TOT certificates, STR permits, and/or business licenses together. The form will include sequential, step-by-step processing of the permits.
Real-time Dashboard for staff that identifies STR violations daily, including advance bookings.
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The advance bookings calendar could also assist staff in identifying the need for additional resources when bookings are at all-time highs. A “sign-off” for Deckard to mail the notice of violation as opposed to identifying violations and having staff complete the administrative tasks of printing, copying, stuffing envelopes, and physically mailing the notices. Provides aggregated revenue, bookings, and property data that can be compared to TOT remittance to see if any hosts/owners are underreporting. A separate public-facing online portal for the public to look up permitted STR property locations, registration statuses and links for complaint information, rules and regulations, or other information as determined by the City
Unlimited training for staff
Staff has attached a draft contract with Deckard for STR Compliance Services in the amount of $27,750 for the initial one-year period of February 29, 2024 through January 31, 2025 plus 4 additional one-year extensions based on satisfactory performance.
FISCAL IMPACT
Funds have been budgeted to cover the cost of this contract for the portion of the term within FY 23/24. The remainder of the contract period will be included in the 2024/2025 budget request.
The renewal options will be reviewed and approved pending satisfactory performance.
ATTACHMENTS:
1. Professional Services Agreement with Exhibits
2. Deckard Technologies Proposal
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PRICE PROPOSAL
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contentS
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Executive Summary
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References
References
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Proposed Products
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Optional products
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1 CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ___ day of February, 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 Deckard Technologies, Inc. a Delaware corporation with its principal place of business at 1620 Fifth Ave, San Diego, CA 92101 (“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 has the skills, experience, and knowledge necessary to perform under this Agreement and the City relies upon this representation. Consultant shall perform to the satisfaction of the City and in conformance to and consistent with the highest standards of firms/professionals in the same discipline in the State of California.
2.2 Project.
The City desires to engage Consultant to render Short Term Rental data analytics and compliance monitoring (“Services”), as set forth in the Scope of Services attached hereto and incorporated herein as Exhibit “A.”. The total compensation shall not exceed Twenty-Seven Thousand Seven Hundred and fifty Dollars ($27,750). 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 Services as described in Exhibit “A.” 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 February 14, 2024 to February 14, 2025 unless earlier terminated as provided herein. Consultant shall complete the
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2 Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than TWO (2) additional one-year (1) terms, subject to departmental and City Manager concurrence and available funding.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant. 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: Dustin Reilich, Vice President.
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3 3.2.5 City’s Representative. The City hereby designates Gabriel D. Martin, City Manager or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). The City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Dustin Reilich, Vice President, or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with the City staff in the performance of Services and shall be available to the City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them.
Finally, Consultant represents that it, its employees and sub-consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from providing Services under this Agreement by the Consultant and shall not be re-employed to perform any of the Services.
3.2.8.1 Period of Performance. Consultant shall perform and complete all Services under this Agreement in accordance with Exhibit “B.” Consultant agrees that if the Services are not completed according to the Schedule of Services in Exhibit “B,” City shall be entitled to terminate this Agreement for cause.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and
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4 regulations in connection with the Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its elected and appointed officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any sub-consultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or sub-consultants.
Consultant shall also require all of its sub-consultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim, and shall be endorsed to include contractual liability.
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5 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
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6 employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C,” entitled Compensation, attached hereto and incorporated herein by reference.
The total compensation shall not exceed Twenty-Seven Thousand Seven Hundred and fifty Dollars ($27,750). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to the City a monthlyitemized statement, which indicates work completed and hours of the Services rendered by Consultant. The statement shall describe the amount of the Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as
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7 appropriate, through the date of the statement. The City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the City.
3.3.4 Extra Work. At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work, which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Labor Code Requirements.
3.3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.5.2 Registration and Labor Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then, in addition to the foregoing, pursuant to Labor Code sections 1725.5 and 1771.1, Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any
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8 other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. The City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services, which have been adequately rendered to the City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, the City may require Consultant to provide all finished or unfinished Work Product (defined below)and other information of any kind prepared by Consultant in connection with the performance of the Services under this Agreement. Consultant shall be required to provide such Work Product and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Deckard Technologies
1620 Fifth Avenue, Suite 400 San Diego, CA 92101
Attn: Nickolas R. Del Pego, CEO
City:
City of Coachella
53390 Enterprise Way
Coachella, CA 92236
Attn: Dr. Gabriel D. Martin, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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9 3.5.3 Ownership of Materials and Confidentiality.
1. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. The results of the Services delivered to City in the form delivered to City, including all reports, technical communications, drawings, records, charts, or other materials originated or prepared by Consultant for City in performing the Services (all of the foregoing, collectively, the “Work Product”) shall be the property of City, and Consultant hereby assigns all rights to such Work Product to City Without limiting the generality of the foregoing and subject to Consultant’s confidentiality obligations under this Agreement, City acknowledges that the Work Product will include the aggregation and analysis of certain publicly available data and agrees that nothing contained in this Agreement shall be interpreted to prohibit Consultant from using its technology and other intellectual property to analyze the same or similar publicly available information for third parties. In addition, to the extent that Consultant incorporates any Deckard Property (as defined below), including any pre-existing or copyrighted work of Consultant into the Work Product, such Deckard Property shall remain the property of Consultant. Consultant grants to City a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use such Deckard Property in connection with exercising the rights of ownership granted to City under this Agreement. In addition, nothing herein shall grant to City any rights in the “Rentalscape” Platform or any other proprietary technologies and intellectual property used by Deckard in preparing any Work Product (“Deckard Property”).
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of the City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use the City’s name or insignia or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.5.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its elected and appointed officials, officers, employees,
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10 volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its elected and appointed officials, directors, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, elected or appointed officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse the City and its directors, elected and appointed officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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11 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or sub-consultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub-consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of equal opportunity employment or other related programs or guidelines currently in effect or hereinafter enacted.
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12 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF COACHELLA Deckard Technologies, Inc.
By: By:
Dr. Gabriel D. Martin Thomas E. Hemmings
City Manager CFO
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Exhibit “A”
SCOPE OF SERVICES
The Consultant shall work in partnership with the City to provide a full range of professional support services for the implementation and ongoing administration of, including but not limited to, the following tasks and as outlined in the Consultant’s Proposal (“Services”):
1. Short-term Rental Property & Address Identification:
a) Weekly monitoring of 60+ short-term rental websites. b) Weekly list of City of Coachella’s active short-term rental listings. c) Quick and accurate identification of short-term rental properties in Coachella’s jurisdiction, including full address, parcel information, and contact information for all identifiable short-term rentals in the City.
d) All publicly available listing and contact information for non-identifiable short-term rentals.
e) Weekly high-resolution screenshots of all active short-term rental listings.
2. Data Management and Consolidation of Short-term Rental Records:
a) Real-time interactive and fully integrated cloud-based short-term rental data management, permitting, and tax collection system.
b) Automatic aggregation, consolidation, and de-duplication of listings to establish a reliable, always up-to-date short-term rental database. c) Weekly matching of identified short-term rental properties with the City of Coachella's permitted short-term rental properties and/or transient occupancy tax account holders.
3. Short-term Rental Compliance Monitoring, Notification, and Reporting:
a) Weekly monitoring of short-term rental properties for zoning and permit compliance. b) Weekly pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators using Coachella's advanced, multi-paged form letters. c) Advanced ability to precisely segment and target different types of letter recipients using an unlimited number of different form letter templates. d) Cloud-based self-service letter template management system to give City staff the ability to manage and update letter templates and mailing criteria. e) Ability to send both first-class and certified letters (or both). f) Proof of contact provided in the form of first-class and certified letter tracking info (where such data is provided by the United States Postal Service) and make PDF copies of all letters.
g) Real-time accessible reporting on zoning, permit, and legal non-compliance by address and by owner.
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h) Always up-to-date list of short-term rentals operating illegally or not in compliance with zoning, permitting, nuisance issues, and records of all past attempts to bring the shortterm rental into compliance. i) Weekly pro-active permit compliance monitoring, i.e., ongoing monitoring of compliance with Coachella's requirement to list permit numbers on all advertisements. j) Short-term Rental Activity Monitoring and Tax Collection Assistance:
k) Weekly monitoring of 60+ short-term rental websites for signs of rental activity. l) Detailed weekly information on reviews and pricing for listings. m) Consolidated utilization and revenue estimates across listing platforms using advanced revenue, utilization, and tax fraud detection algorithms. n) Continuously updated list of short-term rental owners suspected of non- or underreporting taxes.
o) Pro-active, systematic, and data-informed outreach to short-term rental operators suspected of under-reporting taxes using Coachella's advanced, multi-paged form letters. p) Custom reports and analytics to support tax audits and other short-term rental-related investigations.
q) Integrated mobile enhanced web forms to streamline transient occupancy tax audits and collection of rental activity documentation from short-term rental operators suspected of underreporting taxes.
r) Integrated mobile enhanced web forms to automate the calculation and collection of transient occupancy taxes.
4. Zoning, Permitting, and Violation Enforcement Assistance:
a) Toll-free telephone hotline that is staffed 24/7, and a mobile-enabled web form or app for neighbors to report non-emergency problems related to short-term rental properties. b) Full documentation of all reported incidents.
c) Digital recordings and written summary reports of all calls. d) Ability for neighbors to include photos, video footage, and sound recordings to document complaints.
e) Real-time outreach to owners/managers of problem short-term rental properties (whenever owner's contact information is known).
f) Full documentation of owner/manager outreach activities. g) Detailed reporting on incidents.
h) Automatic escalation of issues to emergency responders where required.
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Exhibit “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from February 14, 2024 to February 14, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than TWO (2) additional one-year (1) terms, subject to departmental and City Manager concurrence and available funding. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
The timeline above assumes contract signing late-February 2024. All the Rentalscape systems require configuration to meet the City’s specific needs and assumes that the city staff will be available to document configuration requirements including details of violations, the details required when registering and the calculation of TOT payments including interest and late fees. Assuming the requirements are gathered quickly, and the City staff is accessible and responds in a quick manner to questions and requirements approvals, we fully expect to deliver Rentalscape to the City of Coachella well within the above timeline. The specific target for go-live of the STR registration portal is the 15th of May 2024 prior to the “All systems live” on the 15th of May 2024.
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Exhibit “C”
COMPENSATION
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To be recorded with County Recorder
within 10 days after completion and
Acceptance. No recording fee.
When Recorded, return to:
Delia Granados, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as:
Las Lunas&Calle Bouganvilia Retention Basin Landscape Improvement City Project No. LL-01 & LL05 has been completed and was accepted by the undersigned awarding authority on the date hereof.
Landscape improvements were installed and 90 day maintenance period for these improvements has been provided at the Las Lunas and Calle Bouganvilia retention basins.
The contractor on such work was Superb Engineering and the surety on his bond is Philadelphia Indemnity Insurance Company located at One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-0950. The real property upon which said work was performed is in the City of Coachella, County of Riverside, and State of California.
The nature of the interest of the owner is in fee.
Date: February 28, 2024 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53462 Enterprise Way
Coachella, CA 92236
By:________________________________
Steven A. Hernandez
Title: _________Mayor_________
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.
Executed at Coachella , California on February 28, 2024 (City Where Signed)
________________________________
Delia Granados, Deputy City Clerk, City of Coachella County Counsel Form 1 (Rev. 5-64)
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City of Coachella
Las Luna & Calle Bouganvilia Retention Basin Landscape Improvements City Project No. LL-01 & LL-05
CONTRACT CHANGE ORDER NO. 1
To: Superb Engineering
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
NOTE: This change order is not effective until approved by the City Manager Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
The last percentage shown is the net accumulated increase or decrease from the original in the Engineer's Estimate.
Change Order Summary
TOTAL AMOUNT OF CHANGE ORDER NO. 1 $ 3,934.00
The Original Contract Sum was: $ 177,039.00
Net Change by Previously Authorized Request and Changes $ 0.00 The Contract Sum Prior to this Change Order was $ 177,039.00 The Contract Sum Will Be Decreased by $ (3,934.00)
The New Contract Sum Including This Change Order $ 173,105.00 The Contract Completion Time will add three days.
Cost: ($3,934.00)
(Decrease of Three Thousand Nine Hundred Thirty Four Dollars and Zero Cents) It is further understood and agreed that this adjustment constitutes compensation in full on behalf of the contractor and its Subcontractors and Suppliers for all costs and markups directly or indirectly attributed for the change ordered, for all delays related thereto, for all extended overhead costs, and for performance of the change within the time frame stated.
All other contract work remains unchanged.
Approval Recommended By: __________________________________________ Date:
Maritza Martinez, Public Works Director
Approved by: Date:
Dr. Gabriel Martin, City Manager
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
Accepted, Date Contractor: Superb Engineering
By Title ______________________________________
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified HC-5 Word7.0 (Rev.10/01).
Item 14.
STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize City Manager to approve Change Order No. 1 and approve Notice of Completion for City Project No. LL-01 & LL-05, accept project as complete and direct City Clerk to record the Notice of Completion.
STAFF RECOMMENDATION:
Authorize City Manager to approve Change Order No. 1 and approve Notice of Completion for City Project No. LL-01 & LL-05, accept project as complete and direct City Clerk to record the Notice of Completion.
EXECUTIVE SUMMARY:
In May 2022, staff presented to Council the proposed landscape improvements to the retention basins on Calle Bouganvilia and Las Lunas. Bids and specifications were drafted and the City published a Bid for Las Luna & Calle Bouganvilia Retention Basin Landscape Improvements, City Project No. LL-01 & LL-05. This bid closed on June 27, 2023. On July 26, 2023, the City Council awarded the City Project No. LL-01 & LL-05 to Superb Engineering. The project was awarded at the bid amount received of $177,039.
Superb Engineering has completed its responsibilities on the project, including the 90 day landscape maintenance period. Staff recommends that their work be accepted as complete and that the City Council authorize the filing of a Notice of Completion.
FISCAL IMPACT:
The recommended action will not have additional fiscal impacts. The amount of Change Order No. 1 reflects a savings from the awarded amount of $3,934. The contracted expenditures total $173,105.
Attachments:
Change Order No. 1
Notice of Completion
Item 14.
Resolution No. 2024-07 Page 1
RESOLUTION NO. 2024-07
A RESOLUTION OF THE CITY OF COACHELLA AUTHORIZING
APPLICATION FOR TROPICAL STORM HILARY PUBLIC ASSISTANCE AND DESIGNATING AGENTS TO ACT ON THE CITY’S BEHALF
(DESIGNATION OF APPLICANT’S AGENTS).
WHEREAS, the President declared a major disaster for the State of California on November 21, 2023, as a result of flooding resulting from Tropical Storm Hillary that began on August 19, 2023, and ended on August 21, 2023, pursuant to his authority under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.) (Stafford Act); and WHEREAS, this declaration has designated as eligible for Public Assistance, Categories A and B emergency work, and C thru G permanent work, for the following Counties: Imperial, Inyo, Kern, Riverside, and Siskiyou Counties. Additional counties may be designated at a later date; and
WHEREAS, in order to apply for Public Assistance, the City must submit a “Request for Public Assistance” (“RPA) to Cal OES. As part of the RPA, the City must submit a Designation of Applicant’s Agents Resolution. This Resolution designates City employees who are authorized to submit the RPA to Cal OES on behalf of the City; and WHEREAS, additional actions must be taken to complete the RPA; and WHEREAS, additional reimbursement for Tropical Storm Hilary related costs may be available from other federal agencies, the State of California, or Riverside County; and WHEREAS, the City Council of the City of Coachella desire to appoint and authorize agents of the City to apply and seek reimbursement for disaster-related expenditures under FEMA, Cal OES, the federal government, the California government, Riverside County and any agency or department thereof.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL HEREBY
RESOLVE THAT
1. The above recitals are all true and correct and herby adopted as findings.
2. The Designation of Applicant’s Agent Resolution for Non-State Agencies, attached as Exhibit A, is adopted.
3. The City Manager and Public Works Director are authorized to take all necessary actions and execute all necessary documents to apply for reimbursement of eligible District costs resulting from the COVID-19 pandemic, from FEMA, Cal OES, the federal government, the California government, Riverside County and any agency department thereof.
4. This Resolution is effective on the day of its adoption, and effective for all open and future disasters up to three (3) years following the effective date.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Coachella held on the 28th day of February, by the following roll call vote:
Item 15.
Resolution No. 2024-07 Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
_______________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
_______________________________
Carlos L. Campos, City Attorney
City of Coachella
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF COACHELLA )
I, City Clerk of the City of Coachella, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2024-07 adopted by the City Council of the City of Coachella at a regular meeting therefore duly held and convened on the 28th day of February, 2024. _____________________________
Angela M. Zepeda, City Clerk
Item 15.
STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve resolution 2024-07 authorizing application for Tropical Storm Hilary public assistance and designating agents to act on the City's behalf.
STAFF RECOMMENDATION:
Approve resolution 2024-07 authorizing application for Tropical Storm Hilary public assistance and designating agents to act on the City's behalf.
EXECUTIVE SUMMARY:
On November 21, 2023, the President declared a major disaster for the State of California, as a result of flooding resulting from Tropical Storm Hillary that began on August 19, 2023, and ended on August 21, 2023, pursuant to his authority under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.) (Stafford Act). This declaration has designated as eligible for Public Assistance, Categories A and B emergency work, and C thru G permanent work, for the following Counties:
Imperial, Inyo, Kern, Riverside, and Siskiyou Counties.
On August 19, 2023, Governor Newsom proclaimed the existence of a state-wide emergency due to the expected impacts from Hurricane Hilary and, among other acts, ordered the California Office of Emergency Services to provide assistance to local governments in Riverside County pursuant to the California Disaster Assistance Act (California Government Code, Section 8680 et. seq.) (“State Proclamation”).
On August 21, 2023, the City of Coachella Director of Emergency Services (City Manager) determined that circumstances of extreme peril to public safety were severe in Coachella. As a result, the Director adopted a proclamation declaring a local emergency related to the impacts created by Hurricane/Tropical Storm Hilary on August 21, 2023 and City Council ratified this action on August 23, 2023.
A Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) is required for the City to be eligible to receive State and/or Federal funding. The attached Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130)
Item 15.
authorizes the following personnel from the City of Coachella as its authorized agents: City Manager and Public Works Director.
FISCAL IMPACT:
None.
Attachments:
Resolution 2024-07
Exhibit A – Designation of Applicant’s Agent Resolution for Non-State Agencies
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STAFF REPORT
2/28/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Authorize the City Manager to Execute Extra Work with Dudek for Total Compensation not to Exceed $407,215.00 in Calendar Year 2024.
STAFF RECOMMENDATION:
Authorize the City Manager to Execute Extra Work with Dudek for Total Compensation not to Exceed $407,215.00 in Calendar Year 2024 to complete necessary and urgent projects.
BACKGROUND:
The City published a Request for Qualifications for On Call Engineering on August 25, 2022. Staff received a total of twenty-one (21) responses. The responses were reviewed and scored by staff in the following departments: engineering, grants, public works and utilities. All of these departments have a need for on-call engineering services to execute existing projects.
On January 25, 2023 staff recommended and City Council approved awarding (8) agreements based on departmental needs by engineering, grants, public works and utilities including one with Dudek.
The Professional Service Agreement stipulates that the total compensation shall not exceed Two Hundred Thousand Dollars ($200,000.00) annually without written approval of the City Council or City Manager, as applicable.
DISCUSSION/ANALYSIS:
Dudek was selected as one of the qualifying firms for its experience in water and wastewater projects and its familiarity with the City of Coachella. Dudek has worked on major infrastructure projects in the last two decades including the expansion of the Wastewater Treatment Plant, the Ave 52 pump station, large scale water and sewer pipeline projects, the Avenue 48 Reservoir and Booster Pump Station for the High Zone.
On January 24, 2024 the City Council authorized a task order for the design of Tyler Street Sewer Capacity Improvements Project S-18 at $142,808.00. Since then Dudek has provided the following three additional proposals for critical projects:
Item 16.
1. Wastewater Treatment Plant Headworks Screening Improvement Design Project at a cost of $144,825.00
2. Well #16 Rehabilitation Design and Bid Package at a cost of $68,892.00
3. Design and Technical Specifications for Well #20 at a cost of $50,600.00 This amounts to $407,215.00 in total design project for calendar year 2024. However, it is important to note that no funds were exhausted in calendar year 2023.
FISCAL IMPACT:
No Fiscal Impact. Services will be used to execute projects already funded in this FY 23/24 and budgets will be included in FY24/25.
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Item 16.
STAFF REPORT
2/14/2024
TO: Honorable Mayor and City Council Members
FROM: Ruben Ramirez, Controller
SUBJECT: Authorize the City Manager to sign the “Software as a Service Agreement” with Tyler Technologies, Inc.
STAFF RECOMMENDATION:
Authorize the City Manager to sign the Software as a Service Agreement with Tyler Technologies Inc. for the implementation of Tyler’s Munis Enterprise Resource Planning. Not to exceed $1,481,910.
BACKGROUND:
The City currently utilizes Tyler Technologies, Inc. Tyler’s Eden product as a full ERP. The system was implemented in 2002 and is not fully capable of handling the City’s increased system needs.
The Current system is employed for financial reporting, business licenses, building permits, payroll, vendor and procurement tracking, utility billing and human resources (partial). In late 2021 the City was made aware that Tyler was planning on phasing out the Eden system due to obsolescence. In February of 2022 the City was notified that a sunset date of March 1, 2027 had been implemented.
DISCUSSION/ANALYSIS:
Implementing a new ERP system will be a monumental undertaking for the City. The ERP system cost does not represent the full cost of implementation. The project budget below outlines areas where additional direct costs will be incurred. In addition to this, Council will see delays in other City activities as the implementation progresses. This new system will add significant new functionality in multiple areas as outlined below. All City departments and a significant number of City staff will be involved in setting up, implementing and learning the new system. The implementation of the new ERP system will take approximately 12 months.
New system enhancements:
Some of the included new system enhancements in addition to a more modern and capable platform are listed below:
Item 17.
Fully functional permitting system - The City currently inputs permit charges in the system, but workflow tracking is done outside of the system manually with paper files. The new system will allow residents to submit, track, edit and pay for permits all from an externally accessible user account interface.
Fully functional business license, cannabis and TOT tax payment portal – The City currently asks businesses to fill out PDF or paper tax returns and submit them in person or via email.
There is no error checking for correct inputs and the business is unable to track the status of their returns or payments. The new system will have fully integrated business user functionality allowing for input, tracking and payment of all City taxes and payments.
Project and grant accounting – projects and grants are currently tracked through account coding and getting a real time project or grant balance is a manual process prone to errors.
The new system will have a fully integrated project and grant accounting component.
Paperless functionality – Currently departments retain varying levels of paper records.
Digital records are stored in separate file systems outside of the current ERP system. This adds time for looking up the records. The new system will have full in-system document retention functionality. Scanned records will be accessible directly from all components of the system.
The summary quoted system cost from Tyler Munis is shown below:
Project Budget:
System implementation 975,200.00
Annual fee ( 1st year) 287,360.00
Project manager 39,400.00
Additional training 12,000.00
Specialized consultant staff 46,300.00
Staff over-time (1,500 hours) 84,660.00
Travel expense (Tyler team) 36,990.00
Total project budget 1,481,910.00
Item 17.
FISCAL IMPACT:
In September 14, 2022 the City Council approved the appropriation of funds for the amount of $1.380,000. However, this amount went up to $1,481,410, the increase was in implementation cost of $24,886 and cloud hosting solution $77,024. The fiscal impact will require the following appropriation of funds:
Water Fund (178)................$149,400 (From unrestricted fund balance) Sanitary Fund (361) ............$149,400 (From unrestricted fund balance) ARPA Grant (152)......... $550,000 (Allocation approved by City Council in September 14, 2022) General Fund (101).............$633,110 ($600,000 from Assigned Fund Balance, $33,110 from Unassigned fund balance.
Attachment 1
Tyler technologies - SOFTWARE AS A SERVICE AGREEMENT
Item 17.
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Services Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means City of Coachella, California.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
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2 • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B –SAAS SERVICES
1. Rights Granted.
1.1 We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
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3 Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9).
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
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4 6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 Tyler will perform backups of the production system sufficient to support contracted RPO and RTO commitments. Tyler reserves the right to negotiate any additional obligations with respect to such backups. If requested, Tyler will use commercially reasonable efforts to provide you a copy of your Data.
6.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.6 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.8 We provide secure Data transmission paths between each of your workstations and our servers.
6.9 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
6.10 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance , and in the event of any change in our status, will comply with applicable notice requirements.
7. License Rights Terminate Upon Migration. When Tyler makes Tyler Software identified in the Investment Summary (the “Evergreen Modules”) and licensed pursuant to this Agreement available
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5 to the Client for use in live production, the license to use the Tyler software listed in Exhibit A, Schedule 1 for live production (hereafter, “Migration Modules”) terminates, as do Tyler’s maintenance, support, and/or update obligations for such software. For avoidance of doubt, the Client may retain use of the Migration Modules for reference, acknowledging that Tyler has no obligation to provide maintenance and support services for the Migration Modules.
SECTION C –PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
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6 process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a thirdparty secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols.
If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then-current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
10. Support of Migration Modules. Beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement, and contingent upon Client’s timely payment of annual SaaS Fees for Tyler Evergreen Modules, Client is entitled to receive, at no additional charge, maintenance and
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7 support for the Migration Modules until Tyler makes the Tyler Evergreen Modules available for use in live production.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement equal to the number of years indicated for SaaS Services in
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8 Exhibit A, commencing on July 1, 2024, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
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9 is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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10 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
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11 nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
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12 following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists. Additionally, but only upon your written approval, which shall not be unreasonably withheld, you agree that we may identify you by name in marketing presentations and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. To the extent permitted by law, each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
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13 information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Schedule 1: Migration Modules
Schedule 2: Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
Exhibit E Statement of Work
Signatures on following page.
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14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc.
By:
Name:
Title:
Date:
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
City of Coachella
By:
Name:
Title:
Date:
Address for Notices:
City of Coachella
53990 Enterprise Way Coachella,
California 92236-1713 Attention:
Finance Department
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Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit A
Schedule 2
Exhibit A
Schedule 1
Migration Modules
Time and Attendance
Tyler Payments - Hosting Fee
Tyler Cashiering Support
Utility Billing Support Web
Accounts Receivable Support
Budget Preparation Support
Data Dictionaries Support
Fixed Assets Support
GL/AP Support
Human Resources Support
Menu Support
Payroll Support
Permits & Inspections Support
Position Budgeting Support
Purchasing Support
Agency License Support -1 User
Agency License Support -1 User
Utility Billing Support
Licensing Support
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Exhibit A
Schedule 2
Exhibit A
Schedule 2
Investment Summary
Tyler sales quotation follows this page.
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit A
Schedule 2
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Exhibit B
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates. Beginning on the commencement of the initial term, Client shall no longer be required to pay annual support fees for the Migration Modules.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the best practice recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.6 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the
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Exhibit B
initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. For the avoidance of doubt, Finite Matters will invoice Client directly for any services fees for Pattern Stream.
3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Exhibit A and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Migration Modules. Client will receive a credit for the maintenance and support fees prepaid for the Migration Modules for the time period commencing on the first day of the initial term, as set forth in Section F (1) of this Agreement. Migration Modules are listed at Exhibit A, Schedule 1.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
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Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
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Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.