City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
CITY COUNCIL CLOSED SESSION AND
REGULAR MEETING
OF THE CITY OF COACHELLA
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, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY
AND COACHELLA PARKS AND RECREATION FOUNDATION
April 24, 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 April 24, 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. 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/DIRECTION:
2. F-33 Library Annex Project Update
3. Pavement Management Program Update
4. Harvey Milk Proclamation
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.)
5. Regular Meeting Minutes of April 10, 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 Foundation
6. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-24 Expenditures as of April 24, 2024, $4,686,683.51
7. Department Quarterly Reports
Agenda City Council Closed Session and Regular Meeting April 24, 2024
8. Re-Authorize the purchase and installation of a dual language HD Swagit camera and streaming system for the City of Coachella Council Chamber for the amount of $87,311.20
9. Award Amendment #1 with Allied Paving Co. in the Amount of $92,735 Plus 15% Contingency for Pavement Rehabilitation in Lewis Homes, Which is a Portion of the Street Pavement Rehabilitation Phase 19 – City Project ST-118
10. Maintenance of Effort Certification Statements Fiscal Year 2024/2025, the Local Streets and Roads Revenue Projections, as Well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding
11. Adopt Resolution No. 2024-11 Adopting a List of Projects for Fiscal Year 2024-25, Funded by SB 1: Road Repair and Accountability Act
12. Authorize the City Manager to Execute a Professional Services Agreement with Corona Environmental Consulting, LLC for Testing and Evaluation of an Alternative Treatment Process for Removal of Chromium-6 from Groundwater and Water System Planning in an amount not to exceed $200,000.00
13. Approve recommended adjustments to the Community Field Use Program.
14. Execution of the Twelfth Amended Memorandum of Understanding between the City of Coachella and Sports Leagues.
15. Approve Amendment No. 2 to West Coast Arborists Increasing Compensation by $50,000 for Installation of Trees at Bagdouma Park and Approve Allocation From Undesignated General Fund Reserves for These Services
16. Approve Amendment No. 2 to Vintage Landscape to Allow for Repair of Retention Basin at Rancho Las Flores Park, Increasing Compensation of Agreement by an Additional $65,000 and Allocating this Amount From Undesignated General Fund Rserves
17. Approve Amendment No. 1 for $45,000, to Vintage Landscape to Allow for Bagdouma Park Improvements Including: Rehabilitation of Irrigation Lines, Plant Replacement, and Retention Basin Repair due to Erosion; Approve Allocating $45,000 From Undesignated General Fund Reserves
18. Authorize Award of a Professional Services Agreement With Southwest Protective Services, Inc. for Security Guard Services Project No. 081221, for $300,000
19. Authorize the City Manager to Execute a Professional Services Agreement With Equitable Cities LLC for $35,000 and Authorize Appropriation for Undesignated General Fund Reserves in the Amount of $35,000
20. Authorize the City Manager to Approve a Contract for Services with Ecology Auto Parts Inc., in an Amount not to Exceed $132,550.00 Including a 10% Contingency for the Removal of Biosolids at the Coachella Sanitary District Wastewater Reclamation Plant.
21. Authorize the Purchase of 124 Master Meters Ranging in Sizes between ¾ Inches to 10 Inches for an Amount not to Exceed $73,431.00
Agenda City Council Closed Session and Regular Meeting April 24, 2024
22. Amendment #1 to the Professional Services Agreement with Deckard Technologies, Inc., of San Diego, California in the amount of $5,000, and Authorize Appropriation of $32,750 for Short Term Rental Monitoring, Compliance, Enforcement, and Tax Collection Services NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
23. Adopt Resolution No. 2024-12, Approving Mid-Year Budget Adjustments for Fiscal Year 2023-24
24. Proposed Chelsea Investment Corporation Sixth Street Senior Apartments Architectural Style Options
25. Recommend Re-Establishing Park User Fee Schedule
26. Approve Execution of Facility Use Agreement Between the City and Super Bailes LLC and Authorize Operation of a Beer Garden on Saturday, May 18, 2024 at Rancho Las Flores Park from 6pm-1am.
27. Adopt Resolution No. 2024-03 Authorizing the City Manager to Apply for, Accept, and Execute a Partnership Agreement Including All Grant Related Documents to the Environmental Protection Agency (EPA) for the Climate Justice Community Change Grant Program in the Amount Not-to-Exceed Twenty Million ($20,000,000) Dollars for its “Coachella Prospera” Application
28. Adopt Resolution No. 2024-13 Approving the City of Coachella to Join the Joint Powers Authority Executive Committee and Approving the Amendment to the Second Amended and Restated Joint Powers Agreement with the Visit Greater Palms Springs (VGPS)
29. Adopt Resolution No. 2024-14 Modifying the City of Coachella Educational Reimbursement Program to Include Student Loans Debt Reimbursement
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
NONE
PUBLIC COMMENTS (NON-AGENDA ITEMS):
The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
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.
Agenda City Council Closed Session and Regular Meeting April 24, 2024
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES
WHEREAS, Harvey Milk was born on May 22, 1930; and
WHEREAS, Harvey Milk was a tireless advocate of fairness for all Americans, whether as a candidate or a member of the San Francisco Board of Supervisors; and WHEREAS, Harvey Milk was one of the first openly gay elected officials in the Unites States; and WHEREAS, Harvey Milk inspired inspiration to many Americans but was also a leader in the lesbian, gay bisexual, and transgender community; and
WHEREAS, while in the office he worked tirelessly to pass an equal rights ordinance, and to defeat Proposition 6, commonly known as Briggs Initiative, which would have mandated the firing of the teachers in the state’s public schools; and
WHEREAS, Harvey Milk was a skilled coalition builder, reaching out to work with labor, farm workers, tenants and seniors; and
WHEREAS, we gather to commemorate the November 27, 1978 assassination of Harvey Milk; and
WHEREAS, his death inspired thousands of activists to continue his fight for social justice; and WHEREAS, in the memory of Harvey Milk, the city of Coachella should continue in its efforts to create equality for all of its residents.
NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby proclaim the 9
th day of May, 2024 to be
Harvey Milk Day
IN WITNESS HEREOF, I have hereunto set my hand
and caused the official seal of the City of Coachella,
California to be affixed this 9
th day of May 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 4.
City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
MINUTES
CITY COUNCIL CLOSED SESSION AND
REGULAR MEETING
OF THE CITY OF COACHELLA
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, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY
AND COACHELLA PARKS AND RECREATION FOUNDATION
April 10, 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.
Item 5.
Minutes City Council Closed Session and Regular Meeting April 10, 2024
CALL TO ORDER: - 5:00 P.M.
The Regular Meeting of the City Council of the City of Coachella was called to order at 5:00 p.m. by Mayor Hernandez.
ROLL CALL:
Present: Councilmember Dr. Figueroa, Councilmember Delgado, Mayor Pro Tem Virgen, City Clerk Zepeda, and Mayor Hernandez
City Treasurer Aviles via Zoom
Absent: Councilman Galarza (he arrived at 5:15 pm during Closed Session) APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” Motion: To approve the Agenda
Made by: Councilmember Figueroa
Seconded by: Mayor Pro Tem Virgen
Approved: 4-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Delgado, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: Councilman Galarza
PUBLIC COMMENTS (CLOSED SESSION ITEMS):
None
ADJOURN TO CLOSED SESSION:
1. 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.
Item 5.
Minutes City Council Closed Session and Regular Meeting April 10, 2024
PLEDGE OF ALLEGIANCE:
Councilman Galarza lead the Pledge of Allegiance
CLOSED SESSION ANNOUNCEMENTS:
No reportable action.
PROCLAMATIONS/PRESENTATIONS/DIRECTION:
2. Presentation - The Animal Rescue Center of California WRITTEN COMMUNICATIONS:
NONE
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)
3. Regular Meeting Minutes of March 27, 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 Foundation
4. Investment Report – January 31, 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 Dr. Figueroa, Councilmember Delgado, Councilmember Galarza, Mayor Pro Tem Virgen, and Mayor Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
NONE
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
NONE
Item 5.
Minutes City Council Closed Session and Regular Meeting April 10, 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.
Paulina Callamus, appreciated Kirk’s work and was unaware of the services ARC does in the City of Coachella She would like the council to help with fund for ARC and told a dog story about Noble that went to the shelter and was not saved on time.
Josie Jimenez, requesting council to assist in securing a memorial flag for her father and 2 of his brothers who served in military. Was requested to get the DD214 form. Mayor asked Josie to speak with Maritza Martinez to assist.
Laura Morales, President of the non-profit of Desert Paws Sanctuary was established June 2023, consisting of four board members. She was raised in the City of Coachella. The organization is 100% volunteer. Growing up, they bought pets and was not aware about rescue organizations. Their first adoption was in 2017 (Bailey) who was rescued from streets of Coachella and used for breeding. She requested for the council to support ARC and other animal rescue group.
Chris Jones lives in old Trilogy of La Quinta. She has been volunteering with Animal Action League, a mobile neuter/spaying. She found Two dogs in a parking lot and they adopted. They helped get two dogs get medical health. It is important to support the animal rescue groups.
Natalie Rivera and Yvanna Angelson, youngest volunteer for Desert Paws Sanctuary. She told the story of Marble and how he was found in Coachella streets with a BB pellets with fractured vertebrae. She spoke on behalf of their kids, who are the future. She has been rescuing animals since she was a kid. She requested support to rescue the animals.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
Councilmember Delgado would like to implement something in place in support of ARC. She requested for Kirk to come up with dates for spay/neuter and catch and release events so that the council can respond and donate since his non-profit directly helps and benefits the City of Coachella. She attended the Women’s Summit. She felt very uncomfortable since she was not allowed to participate and was humiliated as she sat in the back. She requested logistics and how the event planned and her exclusions from the city manager and Maritza.
Councilmember Dr. Figueroa and City staff attended the Steve Chase Humanitarian Awards event. At the UC Riverside Grant Slam, he was invited to be a judge. He also got to go to the Women’s Conference. He is not a woman but he went to support the event. He concurred with Councilmember Delgado’s comments regarding the Women’s Summit. Having only two women in the council, Councilmember Delgado should have been part of the program and represent, support people “taking up space”. Mosquito season’s coming. Public can contact CV Vector Mosquito control.
Item 5.
Minutes City Council Closed Session and Regular Meeting April 10, 2024
Figueroa stepped away at 7:12 pm and returned at 7:17 pm.
Galarza, celebrated Dolores Huerta’s 94th birthday and congratulated her. Angela Zepeda’s birthday is today and wished her a happy birthday. Cesar Chavez’ birthday was March 31. He attended the Eggstravaganza at Bagdouma Park. April is autism awareness month and he celebrated by wearing a blue tie. Thursday is Farmchella, providing groceries, art, and other resources. Mobius is putting on an event on April 18 at CVHS and later on at City Llibrary. Coachella has the best Mexican food. He invited anyone visiting Coachella.
Mayor Pro Tem Virgen and others are going to Norcal for the well fellowship about water and water infrastructure this weekend. The Women’s Summit was March 30 and it was presented to council earlier this year. No questions were asked after the presentation about anything (time, theme, food). There seemed to be no interest. The only question was about being a speaker. Recognition presented to speakers and her was the staff’s idea. Councilmember Delgado was asked for assistance in fundraising, she never received any assistance.
Mayor Hernandez commended Councilmember Virgen for stepping up and leading the Women’s summit. He welcomed Delgado to do something in the future and has said that before. This was a good example of events that are meaningful for the community. It was a meaningful event to uplift and empower the women. It was a job well done and this one is a lessons learned and they need to move forward. About the schedules of meetings, for May council meetings, three councilmembers will not be here and there will be no quorum. He thanked the animal rescue groups. It’s a Coachella issue. The council wants to be able to help and implored the groups not to give up the fight. The council will fight with them. They need to work smart and work with the administrators who have a lot of capacity, information and look at it in system’s perspective and get the system started. There is a new boxing champion in town - Sebastian Fundora who will be here Friday for a “Meet the Champ” event at 5:30. He was honored as a hometown heroe with his sister, Gabriela. He thanked Galarza for championing “Farmchella” to bring a voice to farmers and their families. Coachella has been an international brand and has a Coachella event. The City is bringing down the arts and giving the key to the city to an artist – Carin Leon. He looks forward to attending the Mobius conference happening throughout Coachella that is about music and technology.
City Manager’s comments.
City Manager Martin thanked Dr. Figueroa for allowing staff to attend the “Steve Chase Humanitarian Award” event and congratulated him on receiving an award. Kudos to Mayor Pro Tem Virgen, Martiza,Martinez and Celina Jimenez on the Women’s Summit. Reminder of Study Session on Monday to talk about the leagues. He wished the City Clerk, Angela Zepeda a happy birthday.
Angela Zepeda, was not available to attend the Women’s Summit due to multiple funerals. She commended Mayor Pro Tem Virgen for championing the Women’s Summit. The inclusivity and solidarity among women are essential for progress and empowerment of women and crucial to celebrate, and amplify each other voice rather than feel offended.
Item 5.
Minutes City Council Closed Session and Regular Meeting April 10, 2024
ADJOURNMENT:
There being no further business to come before the City Council and the Agencies, Mayor Hernandez adjourned the meeting at 8:08 p.m.
_____________________
Angela Zepeda
City Clerk
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CITY OF COACHELLA
53-990 ENTERPRISE WAY
COACHELLA CA 92236
CODE ENFORCEMENT ,
ANIMAL CONTROL, &
GRAFFITI
QUARTERLY REPORT
Jan. 1, 2023 to Mar. 31, 2023
Prepared By:
Jessica Navarro Page 57
Item 7.
Code Enforcement Summary Report
Report Criteria:
Status
Assigned
To
Census
Tract Violation Initiation Open Date Range
Follow up Date
Range
Close Date
Range
All All All All From 01/01/2023 To
03/31/2023 From To From To
CE Totals
Total Closed Cases Open Cases
Totals 189 103 86
CE Cases by Violation
Violation
Total
Violations
Closed
Violations
Open
Violations
2 2 0
10.08.060 - Working on parked vehicles 1 0 1
10.20.010(18)Abandoned/Inoperable/Dismantled vehicle(s). 26 18 8
12.12.050 - Duty to maintain sidewalks. 0 0 0
12.16.030 - Permit required/CURB CUTS AND DRIVEWAYS 0 0 0
12.42.030 - Unlawful camping. 9 6 3
12.42.040 - Storage of personal property on public property. 1 1 0
13.03.044 Wasting water prohibited. 2 1 1
13.03.208 - Access to water meter. 1 0 1
13.03.306 Expiration or Extension of Permit 0 0 0
15.04.020 (A) Concrete Flat Work, Shades & Storage Containers 12 3 9
15.44.010 Building Numbering/Required 1 1 0
15.60.010 Building Permit Required 26 4 22
15.60.050 - Substandard buildings and housing. 2 1 1
15.66.010 Seizmic Hazard Mitiagtion 0 0 0
17.16.020 - Permitted uses. 0 0 0
17.16.030(C)(5)-Property development standards. Walls/Fences 1 1 0
17.48.020 Display of merchandised out of doors. 0 0 0
17.54.010 (N)(2) Parking and Storage in Residential Zones. 17 16 1
17.54.010.(N)(3) 0 0 0
17.54.020 - Permitting of certain garage conversions to residential living space ("garage conversions"). 0 0 0
17.56.010(J)(2)(B) - Signs 2 0 2
17.58.010 - Home occupations 1 1 0
17.60.010 (F)(4) Accessory structures 1 1 0
17.60.010 (G) - Trailers Outside Camps 0 0 0
Item 7.
17.60.010 - Property development standards. (Fence) 0 0 0
17.60.010 Property Development Standards 9D)(3)(a) Yards 1 0 1
17.60.010(3)(e) Development Standards 1 0 1
17.74.010 (D)(3) Conditional Uses 1 0 1
17.84 Medical Cannabis Dispensaries. 0 0 0
17.84 Medical Cannabis Dispensaries. 17.84.030 - Prohibited activities. 0 0 0
17.84 Medical Cannabis Dispensaries. 17.84.040 - Prohibited activities declared a public nuisance. 0 0 0
17.84 Medical Cannabis Dispensaries. 17.84.050 Penalties for Violations 0 0 0
2.08.060 (A) - Political sign regulations. 0 0 0
2.08.060 (B) - Political sign regulations 0 0 0
2.08.060 (C) - Political sign regulations 0 0 0
2.08.060 (D) - Political sign regulations 0 0 0
2.08.060 (E) - Political sign regulations 0 0 0
3.10.010 (D) (16) Visibility Hazard 2 2 0
3.10.010 (D) (27) Public Burning 0 0 0
3.10.010 (D)(10) Termites, Insects, Vermin or Rodents. 1 1 0
3.10.010 (D)(12) Abandon or Vacated Building/Structure 2 1 1
3.10.010 (D)(13) Offensive Odors 0 0 0
3.10.010 (D)(15) Hazardous Substances and Waste 1 1 0
3.10.010 (D)(18) 0 0 0
3.10.010 (D)(19) 0 0 0
3.10.010 (D)(20) Swmng Pools, Ponds and Other Bodies of Wtr. 1 0 1
3.10.010 (D)(23)Public Nuisances/Safety Hazard 11 7 4
3.10.010 (D)(24) Disruptive Activities 4 2 2
3.10.010 (D)(25) Land Use Entitlements. 1 0 1
3.10.010 (D)(3) Weeds 2 0 2
3.10.010 (D)(31) Animal Manure 0 0 0
3.10.010 (D)(36) Signs 1 0 1
3.10.010 (D)(38) - Maintenance and abatement of nuisances. 1 1 0
3.10.010 (D)(4) - Trees and Shrubs 15 12 3
3.10.010 (D)(44)Public Nuisances/Rubbish, Refuse and Dirt 15 5 10
3.10.010 (D)(8) -Maintenance of Private Driveways 0 0 0
3.10.010(35) Water Disp[osal 0 0 0
3.10.010(D)(11)-Sewage. 0 0 0
3.10.010(D)(15)-Hazardous Substances and Waste. 1 0 1
3.10.010(D)(16)-Visibility Hazard. 0 0 0
Item 7.
3.10.010(D)(19)-Visual Blight 31 15 16
3.10.010(D)(20)-Swmng Pools, Ponds and Other Bodies of Wtr. 0 0 0
3.10.010(D)(21)-Public Toilets. 0 0 0
3.10.010(D)(22)-Privies. 0 0 0
3.10.010(D)(25)-Land Use Entitlements. 0 0 0
3.10.010(D)(27)-Public Burning. 0 0 0
3.10.010(D)(28)-Air Pollution. 0 0 0
3.10.010(D)(29) Mosquito Breeding Places. 2 0 2
3.10.010(D)(30)Discharge of Sewage 0 0 0
3.10.010(D)(31)-Animal Manure 0 0 0
3.10.010(D)(32)-Hauling of Offensive Substances 0 0 0
3.10.010(D)(33)-Clothes Lines. 0 0 0
3.10.010(D)(34)Stormwater Drainage 1 1 0
3.10.010(D)(35)-Water Disposal. 0 0 0
3.10.010(D)(36)-Signs. 0 0 0
3.10.010(D)(37)-Encroachment. 0 0 0
3.10.010(D)(38)-Municipal Code Violations. 0 0 0
3.10.010(D)(39)-California Civil Code. 0 0 0
3.10.010(D)(40)-California Red Light Abatement Act. 0 0 0
3.10.010(D)(41)-California Drug Abatement Act. 0 0 0
3.10.010(D)(42)-State Housing Law. 0 0 0
3.10.010(D)(43)-Weed Abatement. 0 0 0
3.10.010(D)(6)Parking on Yard Off Driveway 11 10 1
3.10.010(D)(7) Occupied Vehicles 7 6 1
3.16.090 - Failure to comply with notice of violation. 12 2 10
5.80.100 - Operational requirements and performance standards established. (Short Term Rentals) 0 0 0
7.04.040 - Prohibited noise generally. 4 2 2
8.20.040(C)Dust Control requirements 5 3 2
8.44.010 - Collection by city or agent only. 0 0 0
8.44.070 Commercial Garbage Collection and Disposal 2 0 2
8.48.030 (B)Graffiti Prohibted 3 1 2
8.60 - REGISTRATION AND MAINTENANCE OF ABANDONED PROPERTIES 0 0 0
8.60.040 Registration of Abandoned Property 0 0 0
8.60.050 - Abandoned Property Maintenance requirements. 1 0 1
8.60.060 - Security requirements 1 0 1
8.64.050 - Vacant Property Maintenance Requirements 0 0 0
Item 7.
Abandoned/Inoperable/Dismantled vehicle(s) 2 1 1
Business License Required 6 4 2
Business Subject to Miscellaneous Tax Rates/Transportation, Trucking and Towing 0 0 0
Display of merchandise out of Door 0 0 0
Garbage Containers 12 4 8
Illegal Dumping 0 0 0
Illegal, Nonconform. Building or Structure(s) 9 2 7
Manner of Parking /Parallel Parking 0 0 0
Manner of Parking/Angle Parking 0 0 0
Manner of Parking/Commercial Vehicles Prohibited from Parking on Private Property and Public Rights-of-Ways 0 0 0
NEC 380-9 Electrical, (e) Outlet faceplates/covers in place 0 0 0 NFPA 13-4-2.5.1 Automatic Fire Sprinklers Systems,(c) 18" clearance below heads 0 0 0
Parking on yard/off driveway 5 1 4
Parking Requirements/General Provisions 0 0 0
Parking Requirements/Surface of Parking Area 1 0 1
Permit for Outdoor Advertising Signs 0 0 0
Prkg. Lot Striping/Handicap Markings 1 0 1
Prohibited Stopping, Standing or Parking/On a Crosswalk 0 0 0 Prohibited Stopping, Standing or Parking/Within an Intersection 0 0 0 Property Development Standards/Maintenance 1 0 1
Public Nuisances / Animals 7 4 3
Public Nuisances / Attractive Nuisances 8 3 5
Public Nuisances / Fire Hazard 1 0 1
Public Nuisances / Landscaping 7 1 6
Public Nuisances / Trees and Shrubs 7 4 3
Service Stations/Intent and Purpose 0 0 0
Service Stations/Landscaping 0 0 0
Service Stations/Parking 0 0 0
Set up Temporary Sales Location 0 0 0
Signs-All signs and sign programs shall be subject to review and approval 0 0 0 Special Event/Sales Permit Required 2 1 1
Special Event/Sales Signs 1 1 0
Stopping, Standing and Parking/Public or Private Driveway 0 0 0 Stopping, Standing or Parking/Sidewalk 4 2 2
Item 7.
Termites, Insects, Vermin or Rodents 0 0 0
Termites, Insects, Vermin or Rodents 0 0 0
Title 19, Subchapter 5-Hood and Duct Systems,(a)Serviced within 6 months 0 0 0 Trimming palm trees--Required 4 0 4
UBC 3304(c)-"This Door To Remain Unlocked During Business Hours" 0 0 0 UBC 3313(b)-(f) Emergency lighting operable 0 0 0
UBC 3314(c)-(b) Illuminated EXIT sign operable 0 0 0
UBC 3315(b)-(c) 44' clear access aisle width to exits 0 0 0 UFC 10.206(a)-(b) Obstruction 0 0 0
UFC 10.206(b)-Hydrant,(c) Red curb-15' each side 0 0 0
UFC 10.207(1)-Fire Apparatus Access Roads,(a) Red curb on signs 0 0 0 UFC 10.207-Fire Apparatus Access Roads.(b) Obstruction 0 0 0 UFC 10.208(a)-Premises Identification, 0 0 0
UFC 10.301(a)-Fire Extinguishers,(a) Minimum 2A10BC 0 0 0 UFC 10.301(a)-Fire Extinguishers,(e) Commercial kitchen 40BC. 0 0 0 UFC 10.302(a)-Fire Extinguishers,(b) Servicing due 0 0 0 UFC 10.313(b)-Hood and Duct Systems,(b) Proper nozzle position, caps, coverage
0 0 0
UFC 10.313(c)-Hood and Duct Systems,(c) Automatic gas/electric shut off 0 0 0 UFC 10.313(e) 0 0 0
UFC 10.313(e)-Hood and Duct Systems,(d) Fuseable links, cables, conduits 0 0 0 UFC 10.401 0 0 0
UFC 10.401-Walls and Ceilings,(a) Holes sealed 0 0 0
UFC 10.402(a)-Exits,(e) Maintain fire rated doors, windows, dampers, and hardware 0 0 0
UFC 11.201(b)-General Housekeeping,(a) Rubbish/trash buildup 0 0 0 UFC 11.203(b)-General Housekeeping,(d) Storage not within 24" of ceiling 0 0 0 UFC 11.203(c)-General Housekeeping,(g) Storage in boiler, mech., elect. panel rooms prohibited 0 0 0
UFC 11.205(a)-General Housekeeping,(h) Candles used in approved manner 0 0 0 UFC 12.103(a)-Exits,(d) Exit obstruction 0 0 0
UFC 12.106(c)-General Housekeeping,(e) Storage under stairs prohibited 0 0 0 UFC 12.203(a)-Occupant Limit/Sign,(a) Occupant load sign(s) posted 0 0 0 UFC 12.207-General Housekeeping,Storage in attic space prohibited 0 0 0 UFC 13.103-Occupant Limit/Sign,(b) Required NO SMOKING signs 0 0 0 UFC 74.107(a) 0 0 0
UFC 79-201(e)-Flammable Liquids -(a) Approved safety cans under 10 gal. 0 0 0
Item 7.
UFC 79.107-Flammable Liquids,(c) Legible labeling 0 0 0 UFC 79.201(e)-Flammable Liquids,(b) Approved cabinet exceeding 10 gal. 0 0 0 UFC 85.104 (c)-Electrical,(c) Abatement of electrical hazards 2 1 1 UFC 85.104 (f)-Electrical,(f) Cover open space in circuit breaker panel 0 0 0 UFC 85.106-Electrical,(d) Exten. cords not allowed as permanent wiring 2 2 0 UFC 85.107-Electrical,(a) Zip cords/cube adapters not allowed 0 0 0 UFC 85.108-Electrical,(b) Min. 30" clear access to circuit breaker 0 0 0 UFC Stand. No. 10-1-6.9-Fire Extinguishers,(c) Mounted 3-5 feet from floor 0 0 0 UFC Standard No. 10-1-6.5-Fire Extinguishers,(d) Obstruction 0 0 0 UMC 504(a)-General Housekeeping,(c) 36" clearance around water heater 0 0 0 Weed Abatement 10 2 8
Totals 338 161 177
Commercial Center clean ups
Walmart compliance
Smart & Final On-going
Victory Liquor On-going
Verde Valle Plaza On-going
El Valle Auto On-going
Family Dollar On-going
Center for Employment Training On-going
CVS Pharmacy On-going
Auto Zone Compliance
Plaza del Sol On-going
AM/PM On-going
Food 4 Less On-going
KFC On-going
Family Furniture On-going
Item 7.
Code Enforcement:
Graffiti Department Quarterly Report
January 1, 2023 to March 31, 2023
Gallons used 335 gallons
Gallons purchased 285 gallons
Cover ups 1,600
Pressure Washing 13,000 sq. ft.
Community perimeter walls 3 communities
Item 7.
County of Riverside
Department of Animal Services
Coachella City Monthly Report for 3rd Quarter Field Services Field Services Impound Statistics Mar-23 YTD 1/1/2023 - 3/31/2023) Field Services Activities Mar-23 YTD 1/1/2023 - 3/31/2023) Total Canines Impounded 32 102 Number of Requests for Service 80 252 Owner Turn-Ins 1 9 Number of Animal Bite Calls 7 24
Stray 29 86
Dead on Arrival 2 7 Number of sick/injured animal calls 8 27 Total Felines Impounded 32 111 Vicious Animal (imminent danger) 4 24 Owner Turn-Ins 0 15 Cruelty/Neglect Calls 6 13
Stray 20 62
Dead on Arrival 12 34 Total Citations 6 15
Total Other Animals Impounded 0 8 Total Licenses 65 185 Owner Turn-Ins 0 0 Number of Nuisance animal Complaints 1 2 Stray 0 8
Dead on Arrival 0 0
compiled on: 4/11/2023 as of 4/11/2023 11:29 AM Page 65 Item 7.
Utilities Department
Memorandum
TO: Gabriel D. Martin, City Manager
FROM: Cástulo R. Estrada, Utilities Manager
DATE: April 18, 2024
SUBJECT: Quarterly Activity Report (January 2024 to March 2024) Coachella Water Authority:
The Utilities Department Water Authority Division provides water pumping, treatment, and distribution services to more than 8,900 service connections citywide that include residential, commercial, and industrial users. The City has three (3) Storage Reservoirs of more than 10 million gallons of capacity with six (6) operating wells that provides more than 8,000 acre-feet of annual water production. This division is responsible for a variety of tasks including meter reading, repairs, pumping, production, treatment, main and distribution repairs, water quality complaints, service connections/disconnections, and capital improvements along with other assigned duties.
Coachella Water Authority Production and Distribution Highlights Description Value
Total -Water Production (JAN to MAR) (MG) 464.7
Chlorine Consumption (Gallons) 2515
Water Quality complaints 1
Monthly Samples Collected (Distribution System) 160
Quarterly Wells sampled 4
Valves Exercised 35
Valves Repaired/Replaced 0
Underground Service Alerts 37
Hydrants Flushed/Serviced 20
Standby Service Calls 28
Water Service Leaks 29
Main Leaks 1
Non responsive meters Cycle one 526
Non responsive meters Cycle two 493
Meter Replacements 46
Hydrant replacements 1
Delinquency Turn Off’s 121
Well Depths Monitored – 3/28/2024
Well No. 10 Depth (feet,) SWL 30. ft.
Well No. 11 Depth (feet,) SWL 81 ft.
Well No. 12 Depth (feet, ) PWL 78.4 ft.
Well No. 16 Depth (feet, ) SWL 29.9 ft.
Well No. 17 Depth (feet, ) PWL 121 ft.
Well No. 18 Depth (feet,) SWL 74.5 ft.
Well No. 19 Depth (feet,) PWL 124 ft.
Annual Production
Item 7.
2024 Total current production JAN 2024 to DEC 2024 2340.7 2024 Annual (MG) 2340.7
Coachella Sanitary District:
The Utilities Department, Sanitary Division, provides for all the collection, treatment, and disposal of residential, commercial, and industrial wastewater for the more than 9,000 service connections within the City and more than 400,000 lineal feet of sewer collection system (100miles) 4-inches to 54-inches, Two (2) sewage pump stations, and over 1,600 manholes.
For the 3rd Quarter of January, February, & March 2024. A total of 273.198 MG of wastewater was received at the Wastewater Plant. With an average daily flow of 3.001 MGD. The Plant treated a total of 247.768 MG. A total of 218 samples were collected at the Plant for monitoring.
Water Reclamation Facility – 87075 Avenue 54th
Description Value
Total Influent per month (MG) 92.06
Influent Ave. Daily Flow (MGD) 3.001
Total Effluent per month (MG) 83.48
Effluent Ave. Daily Flow (MGD) 2.752
Plant Permitted Capacity (MGD) 4.5
Operational Upsets None
Permit Violations 0
Hypochlorite consumption (Gallon) 8,560
Sodium Bisulfite consumption (Gallon) 4,840
Odor complaints 0
Samples collected this quarter (Plant)- 218
State Report completed/submitted Yes
Collection System & Pump Stations Highlights
Description Value
Underground Service Alert 101
Collection System Cleaning (feet) 90,642
Manhole Inspection/Cleaning 128
Collection System Spills 0
Collection System Blockages None
Stand-By Calls 14
Collection System CCTV Inspection (feet) 3,700
Samples Collected (Field) None
Pump Station Alarms 2
Wet Well Cleaning 1
Wet Well
Inspections
46
Item 7.
Environmental Division:
The Environmental/Regulatory Division of the Utilities Department is responsible for areas relating directly to water, wastewater, storm water, and air quality protection. Initial focus is aimed at the National Pollutant Discharge Elimination System (NPDES), Industrial Wastewater Pretreatment Program (Source Control), and Fats, Oils & Grease (FOG) Program. These programs provide auditing, permitting, monitoring, and enforcement of our local City Ordinance. The following report details activities for the previous quarter:
Attended weekly and/or monthly meetings with Desert Task Force (DTF), Coachella Valley Salt & Nutrient Management Plan (CV-SNMP), Sustainable Groundwater Management Act (SGMA), Coachella Valley Regional Water Management Group (CVRWMG), and Riverside County Flood Control (RCFC).
Review and approve Industrial Wastewater Discharge Permits. Performed 91 Industrial facilities and food service establishment Inspections. Enforced 13 violations into compliance.
Assist Development Services in reviewing plans pertaining to the Environmental Division. Ensured Hazardous waste are stored properly and scheduled for disposal. Monitor storm water outfalls discharging to the Coachella Valley Storm Channel (CVSC).
Item 7.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Jason Stevens, IT Manager
SUBJECT: Re-Authorize the purchase and installation of a dual language HD Swagit camera and streaming system for the City of Coachella Council Chamber for the amount of $87,311.20
STAFF RECOMMENDATION:
Staff recommends that the City Council re-authorize the purchase of equipment and services to facilitate an upgrade and replacement of the City of Coachella Council Chamber Swagit video production system to HD and dual language streaming for the amount of $87,311.20 BACKGROUND:
The current Granicus / Swagit video production system in the Council Chamber is going on 10 years old. It is a composite video system (480 resolution) and is of low quality. The pan tilt zoom (PTZ) cameras are no longer sold, end of life and are not in supply. If any of these cameras were to fail replacement would be very unlikely. In addition to this, current livestreaming of meetings to our website and once posted online for video on demand is only available in English. The city currently offers Spanish translation but only on Zoom during the meeting. Video production, indexing and hosting is being performed by Granicus / Swagit as has been being performed for over 10 years now.
DISCUSSION/ANALYSIS:
With this need in mind staff has worked with Granicus / Swagit to design and engineer an upgrade that will provide video in 1080P high definition resolution as well as dual language encoding and streaming. This will allow residents and others to watch meetings live in either English or Spanish but also to view meetings on our video on demand service in both English and Spanish along with the indexed agendas accordingly. Spanish translation will still be available for Zoom participants as well.
Council previously approved this item on March 27, 2024 however this is a re-submission to council due to a significant price increase. We were notified by Swagit / Granicus after this item
Item 8.
was submitted. Also note that the annual subscription costs also have increased to the amount of 22,216.48 with a built-in annual increase for a three-year period.
ALTERNATIVES:
1. Not authorize this upgrade at this time.
FISCAL IMPACT:
Should the City Council approve the staff recommended system the funds would be allocated from the General Fund Unreserved fund balance totaling $87,311.00 to increase the budget in account 101-11-161-90-741-000 and 22,216.48 to increase the budget in account 101-11-161-90-612-000.
Item 8.
THIS IS NOT AN INVOICE Order Form
Prepared for
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
Granicus Proposal for Coachella, CA
ORDER DETAILS
Prepared By: Emery Henschel
Phone: 720-575-6139
Email: [email protected]
Order #: Q-305342
Prepared On: 12 Mar 2024
Expires On: 27 Nov 2023
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 36 months.
ORDER TERMS
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Avior™ PRO Remote Broadcast System -
Five Camera Setup Upon Delivery 1 Each $51,663.40
Avior™ Setup and Deployment Upon Delivery 1 Each $1,144.80 AVIOR™ Standard Pre-Assembly & Install Upon Delivery 1 Each $5,088.00 Advanced Caption Encoder/Decoder Upon Delivery 2 Each $21,178.80 EASE™ H Streaming Appliance Upon Delivery 1 Each $6,879.40 EASE™ or CaptionPrime Setup and
Deployment Upon Delivery 1 Each $1,356.80
SUBTOTAL: $87,311.20
New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
CaptionLive ESP
Annual 100 Hours $12,434.00
AVIOR Control Software License
Annual 1 Each $1,700.51
Upgrades Swagit’s HD default 720p to
1080p Annual 1 Each $5,119.80
Non-Indexed Video Hosting Only
Annual 1 Each $2,962.17
SUBTOTAL: $22,216.48
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
Optional Solutions
Solution Billing
Frequency Quantity/Unit Associated Fee
Extended Warranty Plan for Advanced
Caption Encoder/Decoder Upon Delivery 2 Each $3,653.36
Optional Extended Warranty for AVIOR™
Camera Control Appliance(s) Upon Delivery 1 Each $2,119.24 Extended Warranty Plan for EASE™ H
Streaming Appliance Upon Delivery 1 Each $1,186.70
SUBTOTAL: $6,959.30
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
FUTURE YEAR PRICING
Period of Performance
Solution(s)
Year 2 Year 3
CaptionLive ESP $13,304.38 $14,235.69
AVIOR Control Software License $1,819.55 $1,946.91
Upgrades Swagit’s HD default 720p to 1080p $5,478.19 $5,861.66 Non-Indexed Video Hosting Only $3,169.52 $3,391.39
SUBTOTAL: $23,771.64 $25,435.65
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
PRODUCT DESCRIPTIONS
Solution Description
CaptionLive ESP CaptionLive ESP - Automated Transcription Service in English and Spanish with text, No cleanup, per hour
Avior™ PRO Remote Broadcast
System - Five Camera Setup
Avior™ PRO Remote Broadcast System: Five HD Camera Solution AVIOR Control Software License Annual License Fee
Avior™ Setup and Deployment Standard AVIOR™ system setup and remote deployment AVIOR™ Standard PreAssembly & InstallAVIOR™ Standard Pre-Assembly & Install (travel not included) Upgrades Swagit’s HD default
720p to 1080p
1080 Resolution: Upgrades Swagit’s HD default 720p live streaming resolution and 720p archive resolution with no auto play embeds to 1080p (cost per year)
Advanced Caption
Encoder/Decoder
Advanced Caption Encoder/Decoder for IP-based handoff to captioners:
HD492 is a three gigabits level B, high definition, serial digital interface closed caption encoder with audio and captions over IP. Synchronization of live captions and program video/audio with CCMatch technology. Unit has an additional built-in SDI decoder output to show on-screen caption burn-in. Simultaneous support for two languages.
Non-Indexed Video Hosting
Only
Non-Indexed Video Hosting Only: Up to One (1) TB of Programming Annually
Extended Warranty Plan for
Advanced Caption
Encoder/Decoder
(Optional Solution)
Extended Warranty Plan for Advanced Caption Encoder/Decoder Optional Extended Warranty for
AVIOR™ Camera Control
Appliance(s)
(Optional Solution)
Optional Extended Warranty for AVIOR™ Camera Control Appliance (s)
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
Solution Description
EASE™ H Streaming Appliance Standard streaming encoder with EASE™ software and optional analog distribution: 1U Configuration - SDI, HDMI, DVI, VGA, Component, Composite, S-video Video, Osprey 827e Capture Card, Embedded SDI, AES, SPDIF, HDMI, Balanced (mini XLR), Unbalanced Audio Extended Warranty Plan for
EASE™ H Streaming Appliance
(Optional Solution)
Extended Warranty Plan for EASE™ H Streaming Appliance
EASE™ or CaptionPrime Setup
and Deployment
Standard EASE™ encoder setup and remote deployment
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-305342 dated 12 Mar 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Coachella, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
Item 8.
Order Form
Coachella, CA
Order #: Q-305342
Prepared: 12 Mar 2024
BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:
If PO required
Billing Email: Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-305342 dated 12 Mar 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.
Coachella, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
Item 8.
Fu
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Award Amendment #1 with Allied Paving Co. in the amount of $92,735 plus 15% contingency for pavement rehabilitation in Lewis Homes, which is a portion of the Street Pavement Rehabilitation Phase 19 – City Project ST-118.
STAFF RECOMMENDATION:
Authorize the City Manager to execute amendment #1 to the contract with Allied Paving Co. in the amount of $92,735 plus 15% contingency ($106,645.25) for pavement rehabilitation in Lewis Homes, which is a portion of the Street Pavement Rehabilitation Phase 19 – City Project ST-118.
BACKGROUND:
On April 26,2023 City Council authorized the City Manager to execute a Maintenance of Effort Certification Statement for fiscal year 2023/2024, the Local Streets and Roads Revenue Projections, as well as, the projected five-year Measure A capital improvement plans budget for Measure A funding. The Street Pavement Rehabilitation Phase 19 Project was included in the budget and allocated $1,013.472 Measure A funds.
DISCUSSION/ANALYSIS:
SoCal Gas is completing a gas line replacement and adding new services within the Lewis Homes tract in two Phases. Their work requires numerous trenches and potholes to the existing roadway that is already in poor condition. They are required to restore the roadway and complete a thin overlay over only half width of the streets where they are performing work. This would leave half of the neighborhood with pavement rehabilitation and the remainder in the same condition with trench patches. The City is working in cooperation with SoCal Gas and their contractor to complete the entire width of roadway at the same time and complete the areas SoCal Gas is not responsible for.
On October 25, 2023 City Council approved a construction Contract with Allied Paving Co. for Phase 1 located on Sunshine Avenue and Sunburst Street. Phase 1 has been completed. Phase 2 will include the remainder of the neighborhood on Sundown Lane, Sundance Lane and Suncrest Street. Utilizing SoCal Gas and existing on-site contractors allows the City to complete the work in a timely manner and partner with SoCal Gas to split the costs.
Item 9.
FISCAL IMPACT:
No fiscal impact to the FY 23/24 CIP Budget. With this action, Council will be approving all necessary transfers from Measure A (117) to CIP Fund (182).
ATTACHMENTS:
1. Amendment #1 Allied Paving Co.
2. Allied Paving Co. Cost Proposal
Item 9.
STREET PAVEMENT REHABILITATION PHASE 19
CITY PROJECT NUMBER ST-118
AMENDMENT 1
1 | P a g e
CONTRACT AMENDMENT NO. 1 TO A CONSTRUCTION CONTRACT
AGREEMENT
PAVEMENT REHABILITATION PHASE 19
CITY PROJECT NO. ST-118
CONTRACTOR: Allied Paving Co.
13912 Newhope Street
Garden Grove, CA 92843
CONTRACT AMENDMENT NO. 1 Date: 04-24-2024
****************************************************************************** Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract.
*************************************************************************************
DESCRIPTION OF CHANGE
Construction Contract was awarded to Allied Paving Co. on October 25, 2023 in the amount of $122,335 plus contingency. Extra Work at Agreed Price and detailed below (See Attached Exhibits). Additional Construction Requested by City Management. City Project No. ST-118 Street Pavement Rehabilitation Phase 19.
************************************************************************************* Current Contract Amount $122,335.00
Change Order #1 Amount $11,101.00
Amendment No.1 (Not To Exceed) $106,645.25
Revised Contract Total $240,081.25
************************************************************************************* 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, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above.
Item 9.
STREET PAVEMENT REHABILITATION PHASE 19
CITY PROJECT NUMBER ST-118
AMENDMENT 1
2 | P a g e
CITY OF COACHELLA
By:
Signature
Name
Title
Attest:
City Clerk
Recommended By:
Signature
Name
Title
ALLIED PAVING CO.
By:
Signature
Name
Title
_780394
License Number
Item 9.
ALLIED PAVING CO.
13912 Newhope St, Garden Grove, CA 92843
(714) 632-7484 ~ Fax (714) 632-8599
Licensed and Bonded
LIC. # 780394 - SBE #37495
To: CITY OF COACHELLA WOSB - WBE #15030078
Address: 53990 ENTERPRISE WAY
City: COACHELLA State: CA Zip: 92236 Phone: 760-398-5744 X 142 Attn: BRIANNA GREENWOOD Email: [email protected] Job Address: SUNCREST & SUNDOWN - COACHELLA GRIND & CAP PROPOSAL
or less will not be the responsibility of this firm; furthermore repairs to said designs will be considered additional work.
Terms: Net cash within ten (10) days from date of invoice. If any billing is not paid when due Allied Paving Co. has the right to stop work and keep the job idle until past due payments are paid. The General Contractor agrees to be the primary responsible party to Allied Paving Co for all payments.
Allied Paving Co.
Date 4/12/2024 Subject to Office approval
Per: BRANDON JETER
I/we accept the within proposal. You are authorized to perform the work comprehended here under, I / we agree to pay the said amount in accordance with the terms set forth.
Company Date By
ASPHALT GRIND & OVERLAY: ( 1 ) MOVE
1. Traffic control Included in price.
2. Cold plane grind Approx. (41,830) Sq Ft of existing asphalt to depth of (1.5)” below grade & haul offsite.
3. Apply tack and install (1.5)” Hot mix asphalt to Approx. (41,830) Sq Ft. Roll for compaction.
MANHOLE ADJUSTMENT / RAISING TO GRADE: ( 1 ) MOVE (COSTS SPLIT WITH AZP)
1. Basic traffic delineation included in price (cones, work ahead signs, etc. No Full closures needed)
2. Remove Approx. (1)’ perimeter of existing asphalt around manholes to a depth of 12” below grade.
3. Haul debris offsite and dispose of at a legal dumpsite. Compact soil in removed areas.
4. Adjust manhole ring & collar to street height / elevation as needed and pour new concrete collars flush with street. Concrete to be 4,000-5,000 PSI rapid set in strength and light broom finished.
SPEED HUMP INSTALLATION: ( 1 ) MOVE (COST SPLIT WITH AZP)
1. Apply tack and install (3) speed humps with variable (1-4)” new hot mix asphalt to Approx. (840) Sq Ft
2. Roll new asphalt for compaction.
$2.15 / Sq ft = TOTAL: $89,935
RESTRIPING: ( 1 ) MOVE
1. Restripe all asphalt affected areas per existing layout / city standards (Speed Humps, BUMP Stencils, etc).
LUMP SUM TOTAL: $2,800
NOTES:
• Quotes are good for 30 days
• Scope of work not to include inspection fees, permits, compaction testing, engineering, and water source. • If petromat fabric is encountered additional dump fees
Item 9.
ALLIED PAVING COMPANY LIC.#780394 ~ SBE #37495
13912 NEWHOPE ST, GARDEN GROVE CA 92843 (714) 632-7484 ~ FAX (714) 632-8599 TERMS
1. Any deviation from these specifications and/or terms shall be by mutual agreement and shall be in writing.
Payment for extra work and allowance for omissions shall be fixed in advance on demand by either party and shall be set forth in said writing. No verbal agreement or understanding shall be binding unless consideration has been exchanged.
2. All payments received in accordance with the terms of this contract are accepted with the understanding that such payments shall be applied to the payment of material and labor furnished on this job.
3. Both parties agree that the plans and specifications may be changed without impairing the validity of this contract, subject, however, to the condition that the sum allowed either party for such alterations shall have been agreed upon by the parties to the contract and a full statement of the same made in writing and signed by them before the work to be affected by the changes is commenced.
4. This proposal/contract is based on the current price of labor and materials and if not accepted and commenced within thirty (30) days from the date hereof, the proposal/contract is void.
5. This agreement is contingent upon strikes, accidents or delays beyond the control of the parties.
6. Interest will be charged on all accounts over thirty (30) calendar days past due at a rate of eighteen percent (18%) per month, until the full amount has been paid. Each payment shall be credited first on interest then due and the remainder on the principle and interest shall thereupon cease upon the principal so credited.
7. Should default be made in the payment of this contract, the entire amount shall become immediately due.
8. If any litigation is commenced between the parties to this proposal/contract concerning this proposal/contract, or the rights and duties of either in relation to it, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a sum as and for its attorney’s fees and costs in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.
9. Except as specifically set forth to the contrary, Allied Paving Company shall not be liable for the rough grade, sub grade, re-compaction, concrete, base material under concrete, engineering, tests, permits, inspection fees, water meter, staking, drainage in areas of less than one percent (1%) grade breakage of underground utilities, pipe wiring and manholes which are not visible to workmen.
10. Allied Paving Company will not be responsible for soil, sub grade, base or paving grade due to rain or floods or uncontrollable conditions caused by weather.
11. Material prices quoted to this firm are subject to change by the supplier at anytime and therefore it is agreed that increases beyond the specified good through date will be paid by the owner/contractor.
12. Allied Paving Co. is not responsible for damage caused by movement of valve cans or manholes raised to grade prior to installation of base or asphalt.
13. Allied Paving Co. is not responsible trench, manhole or valve patching unless specifically noted otherwise.
14. Allied Paving cannot take responsibility for work against “GREEN” concrete and/or un-backfilled curbs.
NOTICE TO OWNER
“Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, an original contract performance bond for the work of improvement or a modification thereof, in the office of the county recorder for the county where the property is situated, and requiring that a contractor’s payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full of claims of all persons furnishing labor, services, equipment or materials for the work described in said contract.” Under California Mechanics Lien Law, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce claim against your property.
This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full if the subcontractors, laborers, or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled “Preliminary Notice.” Original (or prime) contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid. Generally, the maximum time allowed for filing a claim or lien against your property is ninety (90) days after completion of your project.
BY SIGNING THISPAGE I HAVE READ THE TERMS OF THIS BID/PROPOSAL. PLEASE RETURN THIS PAGE (FAX OR MAIL) ALONG WITH YOUR PROPOSAL.
DATE:____________ SIGNATURE: _______________________________________________
Item 9.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E. City Engineer
SUBJECT: Maintenance of Effort Certification Statements Fiscal Year 2024/2025, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding STAFF RECOMMENDATION:
Authorize the City Manager to Execute a Maintenance of Effort Certification Statement for Fiscal Year 2024/2025, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A Funding.
BACKGROUND:
The requirements for receipt of Measure A Local Street and Roads funding are to submit a FiveYear Capital Improvement Projects Plan (CIP), a signature on the Maintenance of Effort Certification, and a Project Status Report for the prior fiscal year funding.
The Five-Year CIP plan is a list of proposed uses for Measure A Local Streets and Roads funding and must be based upon the revenue projections provided from Riverside County Transportation Commission. The projects include the description of the anticipated project, the funding sources of the project, and expenditures that will be anticipated from year to year.
The Measure A Ordinance requires annual certification that discretionary General Fund expenditures for transportation related construction and maintenance activities for Fiscal Year 2024/2025 will meet or exceed the Maintenance of Effort Certification Base Year requirement.
This certification process is one part of the regulations to receive Measure A funding.
The Riverside County Transportation Commission must also receive a Project Status Report for the prior fiscal year. The purpose of this report is to document the progress to date on engineering, right-of-way acquisition, and the construction that Measure A is funding as well as the completion date or anticipated completion date.
Item 10.
FISCAL IMPACT:
Authorizing the City Manager to Execute the FY 2024/2025 Maintenance of Effort Certification Statement, the Local Streets and Roads Revenue Projections, as well as the Projected Five Year Measure A Capital Improvement Plans Budget for Measure A will benefit the City of Coachella to receive Measure A funding.
ATTACHMENTS:
1. Measure A Five-Year Revenue Projections
2. FY 2023/24 Measure A Project Status Report
3. FY 2024/25 Measure A Maintenance of Effort Certification Statement
4. FY 2022/23 Audit Final Report
5. City of Coachella 5 Year Measure A Funding Capital Projects
Item 10.
FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29
Western County
Local Streets & Roads
BANNING 896,000 $ 914,000 $ 932,000 $ 951,000 $ 970,000 $ BEAUMONT 918,000 936,000 955,000 974,000 993,000
CALIMESA 325,000 332,000 339,000 346,000 353,000
CANYON LAKE 284,000 290,000 296,000 302,000 308,000
CORONA 5,889,00 6,007,00 0 6,127,00 0 6,250,00 0 6,375,00 0 0 EASTVALE 3,268,00 3,333,00 0 3,400,00 0 3,468,00 0 3,537,00 0 0 HEMET 2,778,00 2,834,00 0 2,891,00 0 2,949,00 0 3,008,00 0 0 JURUPA VALLEY 3,353,00 3,420,00 0 3,488,00 0 3,558,00 0 3,629,00 0 0 LAKE ELSINORE 2,278,00 2,324,00 0 2,370,00 0 2,417,00 0 2,465,00 0 0 MENIFEE 3,132,00 3,195,00 0 3,259,00 0 3,324,00 0 3,390,00 0 0 MORENO VALLEY 6,367,00 6,494,00 0 6,624,00 0 6,756,00 0 6,891,00 0 0 MURRIETA 3,611,00 3,683,00 0 3,757,00 0 3,832,00 0 3,909,00 0 0 NORCO 987,000 1,007,00 1,027,00 0 1,048,00 0 1,069,00 0 0 PERRIS 2,898,00 2,956,00 0 3,015,00 0 3,075,00 0 3,137,00 0 0 RIVERSIDE 10,747,00 10,962,00 0 11,181,00 0 11,405,00 0 11,633,00 0 0 SAN JACINTO 1,497,00 1,527,00 0 1,558,00 0 1,589,00 0 1,621,00 0 0 TEMECULA 4,293,00 4,379,00 0 4,467,00 0 4,556,00 0 4,647,00 0 0 WILDOMAR 1,001,00 1,021,00 0 1,041,00 0 1,062,00 0 1,083,00 0 0 RIVERSIDE COUNTY 9,351,00 9,538,00 0 9,729,00 0 9,924,00 0 10,122,00 0 0 WRCOG 1,378,00 1,406,00 0 1,406,00 0 1,434,00 0 1,463,00 0 0 SUBTOTAL-Western County 66,558,00 65,251,000 67,862,00 0 69,220,00 0 70,603,00 0 0 Coachella Valley
CATHEDRAL CITY 1,978,00 2,018,00 0 2,058,00 0 2,099,00 0 2,141,00 0 0 COACHELLA 834,000 851,000 868,000 885,000 903,000
DESERT HOT SPRINGS 601,000 613,000 625,000 638,000 651,000 INDIAN WELLS 344,000 351,000 358,000 365,000 372,000
INDIO 2,728,00 2,783,00 0 2,839,00 0 2,896,00 0 2,954,00 0 0 LA QUINTA 1,995,00 2,035,00 0 2,076,00 0 2,118,00 0 2,160,00 0 0 PALM DESERT 3,508,00 3,578,00 0 3,650,00 0 3,723,00 0 3,797,00 0 0 PALM SPRINGS 3,253,00 3,318,00 0 3,384,00 0 3,452,00 0 3,521,00 0 0 RANCHO MIRAGE 1,213,00 1,237,00 0 1,262,00 0 1,287,00 0 1,313,00 0 0 RIVERSIDE COUNTY 2,767,00 2,822,00 0 2,878,00 0 2,936,00 0 2,995,00 0 0 SUBTOTAL-Coachella Valley 19,221,00 19,606,00 0 19,998,00 0 20,399,00 0 20,807,00 0 0 Palo Verde Valley
BLYTHE 805,000 821,000 837,000 854,000 871,000
RIVERSIDE COUNTY 243,000 248,000 253,000 258,000 263,000 SUBTOTAL-Palo Verde Valley 1,048,00 1,069,00 0 1,090,00 0 1,112,00 0 1,134,00 0 0 TOTAL 1 $ 87,233,000 85,520,000 $ 88,950,000 $ 90,731,000 $ 92,544,000 $ ¹
Note: Estimate for planning purposes, subject to change and rounding differences.
Administrative costs are allocated in accordance with a cost allocation plan on a quarterly basis. Accordingly, the Measure A allocations to each geographic area by program will be reduced for such quarterly cost allocations.
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
MEASURE A LOCAL STREETS AND ROADS PROGRAM ALLOCATION (PROJECTION) FY 2024/25 ORIGINAL (1/2024)
Item 10.
Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2025-01 ST-128 Street Resurfacing, Phase 20 Street/Road Maintenance/Improvement $3,800,000 $996,600 2025-02 ST-93 Avenue 50 Widening Street Improvement(s) $9,250,000 $590,353 2025-03 ST-118 Street Pavement Rehabilitation Phase 19 Street/Road Maintenance/Improvement $3,800,000 $513,472 Total: $16,850,000 $2,100,425
FY 2024/25
Agency:
Prepared by:
Phone #:
Date:
Coachella
Brianna Greenwood
(442) 400-2643
4/15/2024
FY 2022/23 Audited Measure A Balance: $1,009,425
FY 2023/24 Measure A Revenue $832,000
Less: FY 2023/24 Project Status Report Expenses: $575,000 Estimated Prior Year Measure A Balance: $1,266,425
Estimated FY 2024/25 Measure A Allocation: $834,000
Estimated Measure A Available for FY 2024/25 Projects: $2,100,425
Item 10.
Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2026-01 ST-132 Street Pavement Rehabilitation Phase 21 Street/Road Maintenance/Improvement $4,600,000 $851,000 Total: $4,600,000 $851,000
FY 2025/26
Agency:
Prepared by:
Phone #:
Date:
Coachella
Brianna Greenwood
(442) 400-2643
4/15/2024
Estimated Prior Year Measure A Balance: $0
Estimated FY 2025/26 Measure A Allocation: $851,000
Estimated Measure A Available for FY 2025/26 Projects: $851,000
Item 10.
Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2027-01 ST-135 Street Pavement Rehabilitation Phase 22 Street/Road Maintenance/Improvement $4,600,000 $868,000 Total: $4,600,000 $868,000
FY 2026/27
Agency:
Prepared by:
Phone #:
Date:
Coachella
Brianna Greenwood
(442) 400-2643
4/15/2024
Estimated Prior Year Measure A Balance: $0
Estimated FY 2026/27 Measure A Allocation: $868,000
Estimated Measure A Available for FY 2026/27 Projects: $868,000
Item 10.
Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2028-01 ST-139 Street Resurfacing Phase 23 Street/Road Maintenance/Improvement $4,600,000 $885,000 Total: $4,600,000 $885,000
FY 2027/28
Agency:
Prepared by:
Phone #:
Date:
Coachella
Brianna Greenwood
(442) 400-2643
4/15/2024
Estimated Prior Year Measure A Balance: $0
Estimated FY 2027/28 Measure A Allocation: $885,000
Estimated Measure A Available for FY 2027/28 Projects: $885,000
Item 10.
Item No. Project Name/Limits Project Type Total Project Cost Measure A Funds 2029-01 ST-144 Street Pavement Rehabilitation Phase 24 Street/Road Maintenance/Improvement $4,600,000 $903,000 Total: $4,600,000 $903,000
FY 2028/29
Agency:
Prepared by:
Phone #:
Date:
Coachella
Brianna Greenwood
(442) 400-2643
4/15/2024
Estimated Prior Year Measure A Balance: $0
Estimated FY 2028/29 Measure A Allocation: $903,000
Estimated Measure A Available for FY 2028/29 Projects: $903,000
Item 10.
Item No. Project Name/Limits Project Type Total Cost
Anticipated Measure A
Funds Expended (Est thru
06/30/2024)
Estimated/Actual
Completion Status
2024-01 ST-118 Street Resurfacing, Phase 19 Street/Road Maintenance/Improvement
$3,800,000 $500,000 10/1/2024 Construction
Phase
2024-02 ST-93 Avenue 50 Widening Project Street/Road
Maintenance/Improvement
$9,250,000 $75,000 6/30/2025 Right-of-Way
Phase
Total: $575,000
PROJECT STATUS REPORT FY 2023/24
Agency:
Prepared by:
Phone #:
Date:
Coachella
Brianna Greenwood
(442) 400-2643
4/15/2024
Item 10.
FY 2024/25
MAINTENANCE OF EFFORT CERTIFICATION STATEMENT
The undersigned agrees and certifies for the city of Coachella (the "Agency") that sales tax transportation funds received pursuant to Ordinance No. 02-001 of the Riverside County Transportation Commission ("Measure A") shall be used in compliance with the Commission's Maintenance of Effort Guidelines and a base year amount of $92,205, approved by the Commission at its September 14, 2011 meeting, and that the Agency shall not use such funds to replace discretionary local funds previously expended by the Agency for local transportation purposes. The Agency hereby acknowledges that the failure of the Agency to continue such local expenditure shall result in a reduction of loss of Measure A funds. Additionally, the Agency commits to expending Measure A Local Streets and Roads funds for projects listed in the Five Year Capital Improvement Plan as approved by Riverside County Transportation Commission.
Dated: ________________
CITY MANAGER
ATTEST:
SECRETARY
Item 10.
CITY OF COACHELLA, CALIFORNIA
Report on Agreed-Upon Procedures
Applied to Measure A – Local Streets and Roads
Fiscal Year Ended June 30, 2023
Item 10.
__________________________________________________________________________________________________________________________________________________________________________________ 23161 Lake Center Drive, Suite 200, Lake Forest, CA 92630 ■ T: (949) 552-7700 ■ www.conradllp.com 1 Independent Accountant’s Report
On Applying Agreed-Upon Procedures
The Board of Commissioners
Riverside County Transportation Commission
Riverside, California
We have performed the procedures enumerated below on Measure A - Local Streets and Roads Program of the City of Coachella, California (“City”) as of and for the year ended June 30, 2023.
Riverside County Transportation Commission (“RCTC”) has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose whether the City was in compliance with the Measure A - Local Streets and Roads Program grant terms and conditions for the year ended June 30, 2023. Additionally, RCTC and the City have agreed to and acknowledged that the procedures performed are appropriate for their purposes. This report may not be suitable for any other purpose. The procedures performed may not address all of the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.
The procedures and related findings are as follows:
1. Obtain the 2009 Measure A (Ordinance 02-001) compliance requirements. Western County jurisdictions are required to participate in the Transportation Uniform Mitigation Fee (“TUMF”) program and in the Multiple Species Habitat Conservation Plan (“MSHCP”), which are administered by the Western Riverside Council of Governments (“WRCOG”) and the Western Riverside County Regional Conservation Authority (“RCA”), respectively.
Coachella Valley jurisdictions are required to participate in the TUMF program administered by the Coachella Valley Association of Governments (“CVAG”). Indicate participation in TUMF and/or MSHCP programs.
Finding: The City participates in the TUMF program administered by CVAG. No exceptions were noted as a result of applying this procedure.
2. Obtain the City’s approved 5-Year Capital Improvement Plan (“CIP”) from RCTC for the fiscal year ended June 30, 2023.
Finding: No exceptions were noted as a result of applying this procedure.
3. Obtain a detailed general ledger and balance sheet from the City for the fiscal year ended June 30, 2023.
a. Identify the amount of Measure A cash and investments recorded at June 30, 2023.
Compare amount to Measure A fund balance and provide an explanation for any difference greater than 25% fund balance.
Item 10.
Board of Commissioners
Riverside County Transportation Commission
Riverside, California
2 Finding: Measure A cash and investments were $941,228 at June 30, 2023. The difference between Measure A cash and investments of $941,228 and fund balance of $1,009,425 is $68,197 or 7% of the fund balance.
b. Identify amounts due from other funds.
Finding: There were no amounts due from other funds at June 30, 2023. c. Identify the components of ending fund balance for Measure A activity.
Finding: Ending fund balance for Measure A activity was restricted in the amount of $1,009,425 at June 30, 2023.
i. Identify the existence of any restatement of Measure A fund balance and inquire of management as to the reason for any restatement.
Finding: We noted no restatement of Measure A fund balance at June 30, 2022. ii. Compare ending fund balance to total revenues for the current year and prior two years. If ending fund balance is greater than the sum of total revenues for the three-year period, inquire of management as to the reason(s) for the accumulation of fund balance.
Finding: No exceptions were noted as a result of applying this procedure. The City’s ending fund balance did not exceed the cumulative total revenues for the 3- year period as illustrated below.
Revenue for year ended June 30, 2023 $ 855,018
Revenue for year ended June 30, 2022 834,043
Revenue for year ended June 30, 2021 768,424
Total Revenue for the 3-year period $ 2,457,485
Fund balance for year ended June 30, 2023 $ 1,009,425
4. Obtain an operating statement for Measure A activity for the fiscal year ended June 30, 2023 (see Exhibit A), including budget amounts.
a. Review the revenues in the operating statement.
i. Inquire of management as to what fund was used to record Measure A revenues received from RCTC and document total revenues for the fiscal year ended June 30, 2023.
Finding: The City accounts for Measure A revenue in its Local Transportation Fund – Measure A (Fund #117). The City recorded total revenues in the amount of $855,018 for the fiscal year ended June 30, 2023.
Item 10.
Board of Commissioners
Riverside County Transportation Commission
Riverside, California
3 ii. Obtain a listing of Measure A payments made from RCTC to the City. Compare the Measure A revenues recorded by the City to the listing of payments made by RCTC.
Finding: We identified no variances between the Measure A revenues recorded by the City and the RCTC Measure A payment schedule, which totaled $827,136. iii. Determine the amount of interest allocated to Measure A activity for the fiscal year ended June 30, 2023.
Finding: The City allocated interest in the amount of $12,587 to the Measure A activity for the fiscal year ended June 30, 2023.
b. Review the expenditures in the operating statement.
i. Inquire of management as to what fund is used to record Measure A expenditures and document total expenditures for the fiscal year ended June 30, 2023.
Finding: The City accounts for Measure A expenditures in its Local Transportation Fund – Measure A (Fund #117). The City recorded total expenditures in the amount of $763,208 for the fiscal year ended June 30, 2023. ii. Select expenditures for testing that comprise at least 20% of total Measure A expenditures.
Finding: The City recorded Measure A expenditures in the amount of $763,208.
We selected $388,582 or 51% for testing.
1. For the expenditures selected for testing, compare the dollar amount recorded in the general ledger to the supporting documentation.
Finding: No exceptions were noted as a result of applying this procedure.
2. For the expenditures selected for testing, review the 5-Year CIP, and note whether the projects claimed were included in the 5-Year CIP and whether they constitute allowable costs.
Finding: Expenditures selected for testing were included in the 5-Year CIP and were allowable costs. No exceptions were noted as a result of applying this procedure.
iii. Inquire of management as to the nature of any transfers (in and out) recorded in the Measure A Fund. For any transfers out, determine if nature of transfer out was included in the 5-Year CIP.
Finding: We noted transfers out from the Measure A fund in the amount of $763,208 to the CIP Project Fund. These transfers represent reimbursements for projects included in the 5-Year CIP.
Item 10.
Board of Commissioners
Riverside County Transportation Commission
Riverside, California
4 iv. Inquire of management as to the amount of general or non-project-related costs, if any, included in expenditures. If indirect costs exceed 8% of Measure A revenue, inquire of management as to the basis for indirect costs charged to Measure A. If indirect costs are identified, determine if such costs are included in the 5-Year CIP.
Finding: Per discussion with the City management, there were no indirect costs recorded for the fiscal year ended June 30, 2023.
v. Inquire of management as to the amount of debt service expenditures recorded in the Measure A fund and determine if such costs are included in the 5-Year CIP.
Finding: There were no debt service expenditures recorded in the Measure A Fund that were noted as a result of applying this procedure.
1. Compare the debt service expenditures to prior year amount. If debt service expenditures have increased or decreased at least 25%, inquire of management as to the reason for the change in debt service expenditures.
Finding: There were no debt service expenditures recorded in the Measure A Fund that were noted as a result of applying this procedure.
5. Obtain from RCTC a listing of jurisdictions that participate in the Western County or Coachella Valley TUMF programs.
a. If the jurisdiction is a participant in the TUMF program, select at least one disbursement for validation as to the amount remitted to WRCOG or CVAG, as applicable.
Finding: We selected one disbursement of $122,400 for validation. The payment selected for testing indicated that the TUMF was collected and remitted to CVAG as required.
b. Indicate the total amount of TUMF collected and remitted during the fiscal year ended June 30, 2023.
Finding: The total amount of TUMF collected during the fiscal year ended June 30, 2023 was $622,789. The total amount of TUMF remitted during the fiscal year ended June 30, 2023 was $610,745. The difference in the amount of $12,044 was due to the following.
Collected Remitted
Total TUMF recorded for FY 2023 $ 622,789 $ 610,745
Excess TUMF paid in 2017-18 deducted from remittance - (4,772) Permit cancelled and TUMF refunded (16,816) -
TUMF reconciled $ 605,973 $ 605,973
Item 10.
Board of Commissioners
Riverside County Transportation Commission
Riverside, California
5 The $12,044 variance between TUMF collected and remitted was due to the City remitting $4,772 in excess TUMF paid in 2017-18, which was deducted from the remittance in October 2022 and TUMF collected by the City in the amount of $16,816 on January 4, 2022, which was refunded on November 16, 2022.
6. Obtain from RCTC a listing of jurisdictions that participate in the Western County MSHCP program.
a. If the jurisdiction is a participant in the Western County MSHCP program, select at least one disbursement for validation as to the amount remitted to RCA.
Finding: The City is not a participant in the Western County MSHCP program. b. Inquire of management as to the existence of any fees collected in prior years that were not remitted to RCA by the end of this fiscal year.
Finding: The City is not a participant in the Western County MSHCP program. c. Indicate the total amount of Western County MSHCP fees collected and remitted during the fiscal year.
Finding: The City is not a participant in the Western County MSHCP program.
7. Obtain from RCTC the Maintenance of Effort (“MOE”) base year requirement, including its supporting detail calculations for the City, and the carryover amount allowed as of the beginning of the fiscal year.
a. Obtain from the City a calculation of its current year MOE amount in a format similar to its base year calculation. See Exhibit B.
Finding: No exceptions were noted as a result of applying this procedure. b. Compare the current year MOE amounts from the General Fund to the general ledger.
Finding: No exceptions were noted as a result of applying this procedure. c. Review the General Fund general ledger to determine if there were any transfers in to fund any MOE amounts.
Finding: No transfers in were noted as a result of applying this procedure. d. Compare the amount of current year MOE expenditures to the MOE base requirement and add any excess to, or subtract any deficiency from, the carryover amount.
Finding: We noted that current year MOE expenditures of $1,674,746 were greater than the MOE base requirement of $92,205 resulting in an excess of $1,582,541 for the fiscal year ended June 30, 2023.
Item 10.
Board of Commissioners
Riverside County Transportation Commission
Riverside, California
6 e. If the amount of discretionary funds spent is less than the MOE base requirement (MOE deficiency), determine the amount of any prior year MOE carryover using the information obtained from RCTC and reduce the MOE deficiency by any available MOE carryover to determine an adjusted current year expenditure amount.
Finding: No exceptions were noted as a result of applying this procedure. The City’s discretionary funds spent in the fiscal year ended June 30, 2023 exceeded the MOE base year requirement. The City’s MOE carryover at June 30, 2023 is calculated as follows:
MOE excess at July 1, 2022 $ 10,357,148
Current year MOE expenditures 1,674,746
Less: MOE base requirement (92,205)
Excess MOE for fiscal year ended June 30, 2023 1,582,541 MOE excess at June 30, 2023 $ 11,939,689
We were engaged by RCTC to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not, conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively on the Measure A - Local Streets and Roads Program compliance. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.
We are required to be independent of RCTC and the City to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.
This report is intended solely for the information and use of the Board of Commissioners and management of RCTC and the City Council and management of the City of Coachella and is not intended to be, and should not be, used by anyone other than these specified parties.
Lake Forest, California
November 24, 2023
Item 10.
EXHIBIT A
Variance From
Final Budget
Favorable
Budget Actual (Unfavorable)
Revenues:
Measure A $ 600,000 $ 827,136 $ 227,136
Interest income 15,602 12,587 (3,015)
Other income - 15,295 15,295
Total revenues 615,602 855,018 239,416
Expenditures:
Transfers out: Capital improvements 763,208 763,208 -
Total expenditures 763,208 763,208 -
Excess/(deficiency) of revenues over/(under) expenditures $ (147,606) $ 91,810 $ 239,416
CITY OF COACHELLA, CALIFORNIA
For the Fiscal Year Ended June 30, 2023
(Unaudited)
Measure A Operating Statement
7 Page 102
Item 10.
Exhibit B
FY 2022/23 Construction and Maintenance Expenditures
(Round to nearest dollar)
Project Expenditures Included in General Ledger Total Cost General Fund Measure A Federal State City Funds Other Construction:
ST-81 Avenue 50 Interchange-Prof Serc $ 15,463 $ - $ - $ 10,374 $ 1,225 $ 3,864 $ - ST-93 Ave 50 Widening Project 876,923 - - - 635,831 241,092 - ST-105 Street Pavement Rehab Phase 17 388,582 - 388,582 - - - - ST-123 Urban Greening + Con-Construction 110,542 - - - 110,542 - - ST-130 Pueblo Viejo Villas 2,395,200 - 250,000 - 2,145,200 - - ST-131 Avenue 48 Widening Pr-Constructio 27,312 - - - - 27,312 - ST-134 Pedestrian & Safety Improve. 104,970 - - - 104,970 - - S-24 Harrison Sewer Improvements 124,626 - 124,626 - - - - Maintenance: -
Salaries and benefits for street maintenance personnel 697,529 697,529 - - - - - Professional services 387,125 387,125 - - - - -
Repairs and maintenance costs 3,229 3,229 - - - - -
Rentals 66,027 66,027 - - - - -
Energy charges 262,812 262,812 - - - - -
Supplies 238,627 238,627 - - - - -
Other 19,397 19,397 - - - - -
Expenditure Totals $ 5,718,364 $ 1,674,746 $ 763,208 $ 10,374 $ 2,997,768 $ 272,268 $ - Total Project Cost General Fund
Construction: $ - $ -
Maintenance:
Deduct Totals $ - $ -
Total GF Expenditures $ 1,674,746
Minus Deductions -
MOE Current Year $ 1,674,746
Base Year Requirement (92,205)
MOE excess for fiscal year ended June 30, 2023 $ 1,582,541
CITY OF COACHELLA, CALIFORNIA
Measure A MOE Calculation
For the Fiscal Year Ended June 30, 2023
(Unaudited)
Engineering/Administrative Overhead Not Allocated to Specific Projects:
State Reason Why Project Expenditure Should Be Deducted from MOE Deductions for Special Consideration (Deductions Must Also Be Included in Project Expenditures Above):
Engineering/Administrative Overhead Not Allocated to Specific Projects:
8
Item 10.
Total Project
Cost
Estimated
Expenditures
for FY
TUMF Measure A
ST-93 Avenue 50 Widening Project $ 9,250,000 $ 7,319,214 $ 590,353 ST-118 Street Pavement Rehabilitation Phase 19 $ 4,600,000 $ 4,100,000 $ 513,472 ST-128 Street Pavement Rehabilitation Phase 20 $ 4,600,000 $ 4,600,000 $ 996,600 Sub-totals $ 18,450,000 $ 16,019,214 $ 2,100,425
ST-132 Street Pavement Rehabilitation Phase 21 $ 4,600,000 $ 4,600,000 $ 851,000 Sub-totals $ 4,600,000 $ 4,600,000 $ 851,000
ST-135 Street Pavement Rehabilitation Phase 22 $ 4,600,000 $ 4,600,000 $ 868,000 Sub-totals $ 4,600,000 $ 4,600,000 $ 868,000
ST-139 Street Pavement Rehabilitaiton Phase 23 $ 4,600,000 $ 4,600,000 $ 885,000 Sub-totals $ 4,600,000 $ 4,600,000 $ 885,000
ST-144 Street Pavement Rehabilitation Phase 24 $ 4,600,000 $ 4,600,000 $ 903,000 Sub-totals $ 4,600,000 $ 4,600,000 $ 903,000
Totals $ 36,850,000 $ 34,419,214 $ 5,607,425
City of Coachella 5 Year Measure A Funding
Capital Projects
FY 2028-29
FY 2026-27
FY 2024-25
FY 2025-26
FY 2027-28
F:\Budgets\CIP Budgets\CIP Budgets\CIP 24-25 - Finance\Measure A\CIP 5 Year Measure A Page 104 Item 10.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Adopt Resolution No. 2024-11, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2024-25, Funded by SB 1:
Road Repair and Accountability Act.
STAFF RECOMMENDATION:
Authorize the City Manager to adopt Resolution No. 2024-11, A Resolution of the City Council of the City of Coachella to adopt a list of Projects for Fiscal Year 2024-25, Funded by SB 1: Road Repair and Accountability Act.
BACKGROUND:
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) (Beall, Chapter 5, Statutes 2017), which is known as the Road Repair and Accountability Act of 2017. The purpose and intention of the Act is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road systems, as well as provide transit assistance.
Prior to the passage of SB 1, cities and counties were delaying or canceling projects and preparing to lay off staff. Due to lack of funding, basic maintenance of the local streets and road system, repair and replacement of bridges, safety improvements and multi-modal enhancements were all at risk.
The new transportation bill will provide cities and counties an opportunity to catch up on years of unfunded maintenance needs that have plagued our roadways for years. Maintenance and rehabilitation projects will extend the service life of our local streets, roads and bridges. Cities and Counties will also use SB 1 funds for complete streets projects, increasing mobility options for residents, and will employ, to the extent possible green technologies, materials and methods to reduce impacts to the environment from transportation projects.
DISCUSSION/ANALYSIS:
SB 1 includes historic accountability and transparency measures. Cities and counties will adopt project lists at the start of every Fiscal Year and also provide year end reporting on completed projects.
Item 11.
1. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
Proposed Project 1: Airport Blvd Bridge
Project Description: Replace Airport Blvd Bridge that extends over the Coachella Valley Stormwater Channel with a new wider two-lane bridge.
Location: Airport Boulevard
Estimated Project Schedule: 01/2024-06/2028
Estimated Cost: $24,3007,470
Estimated Project Useful Life: Fifty years with proper maintenance Proposed Project 2: Avenue 50 Bridge (Over Whitewater Channel) Project Description: Replace the low water crossing with a bridge over the Coachella Valley Stormwater Channel.
Location: Avenue 50
Estimated Project Schedule: 03/2025-06/2027
Estimated Cost: $57,408,750
Estimated Project Useful Life: Fifty years with proper maintenance The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Proposed Project 1: Avenue 50 Widening Project
Project Description: Widening of Avenue 50 from 2 lanes to 4 lanes from Calhoun Street to Cesar Chavez Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 50 between Calhoun Street and Cesar Chavez Street Estimated Project Schedule: 01/2024 - 06/2024
Estimated Cost: $9,250.000
Estimated Project Useful Life: Twenty years with proper maintenance Proposed Project 2: Avenue 48 Widening Project
Project Description: Widening of Avenue 48 from 2 lanes to 5 lanes from Dillon to Van Buren Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 48 from Dillon to Van Buren St
Estimated Project Schedule: 03/2024 – 09/2025
Estimated Cost: $2,046,000
Estimated Project Useful Life: Twenty years with proper maintenance
Item 11.
FISCAL IMPACT:
The SB 1 Anticipated revenues are for an amount of $1,086,703 for the Fiscal Year 2024-25.
Authorizing the City Manager to adopt Resolution 2024-11, Resolution adopting a list of Projects for Fiscal Year 2024-25, Funded by SB 1: Road Repair and Accountability Act will benefit the City of Coachella by maintaining City eligibility to continue receiving SB1 funding.
ATTACHMENTS:
1. Resolution 2024-11
Item 11.
RESOLUTION NO. 2024-11
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,086,703 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eight year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate and widen two major arterials transportation infrastructure throughout the City this year and many similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “fair” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
Item 11.
Resolution No. 2024-11
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Coachella, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
Proposed Project 1: Airport Blvd Bridge
Project Description: Replace Airport Blvd Bridge that extends over the Coachella Valley Stormwater Channel with a new wider two-lane bridge.
Location: Airport Boulevard
Estimated Project Schedule: 01/2024-06/2028
Estimated Cost: $24,3007,470
Estimated Project Useful Life: Fifty years with proper maintenance Proposed Project 2: Avenue 50 Bridge (Over Whitewater Channel) Project Description: Replace the low water crossing with a bridge over the Coachella Valley Stormwater Channel.
Location: Avenue 50
Estimated Project Schedule: 03/2025-06/2027
Estimated Cost: $57,408,750
Estimated Project Useful Life: Fifty years with proper maintenance
3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024- 25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Proposed Project 1: Avenue 50 Widening Project
Project Description: Widening of Avenue 50 from 2 lanes to 4 lanes from Calhoun Street to Cesar Chavez Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 50 between Calhoun Street and Cesar Chavez Street Estimated Project Schedule: 01/2023-06/2025
Estimated Cost: $9,250.000
Estimated Project Useful Life: Twenty years with proper maintenance
Item 11.
Resolution No. 2024-11
Proposed Project 2: Avenue 48 Widening Project
Project Description: Widening of Avenue 48 from 2 lanes to 5 lanes from Dillon to Van Buren Street including street lighting, drainage improvements, electrical undergrounding, sidewalk and bicycle lanes and landscaping.
Location: Avenue 48 from Dillon to Van Buren St
Estimated Project Schedule: 06/2024-09/2025
Estimated Cost: $2,046,000
Estimated Project Useful Life: Twenty years with proper maintenance PASSED, APPROVED and ADOPTED this 24th day of April 2024.
Steven A. Hernandez
Mayor
ATTEST:
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
Carlos Campos
City Attorney
Item 11.
Resolution No. 2024-11
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-11 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 24th day of April 2024 by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Delia Granados
Deputy City Clerk
Item 11.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo Estrada, Utilities Manager
SUBJECT: Authorize the City Manager to Execute a Professional Services Agreement with Corona Environmental Consulting, LLC for Testing and Evaluation of an Alternative Treatment Process for Removal of Chromium-6 from Groundwater and Water System Planning in an amount not to exceed $200,000.00 STAFF RECOMMENDATION:
Approve and authorize the City Manager to execute a Professional Services Agreement with Corona Environmental Consulting, LLC for Testing and Evaluation of an Alternative Treatment Process for Removal of Chromium-6 from Groundwater and Water System Planning in an amount not to exceed $200,000.00
BACKGROUND:
On August 1, 2023, the State Water Resources Control Board (State Water Board) released a proposed hexavalent chromium (Cr-6) regulation which again proposes a 10 ug/L maximum contaminant level (MCL) for drinking water. The State Water Board will consider adopting the MCL for CR-6 on April 17, 2024.
The proposed compliance period after the regulation takes effect is two years for water systems with >10,000 service connections and three years for water systems with 1,000 to <10,000 service connections. The City of Coachella through its Water Authority operates a public water system (PWS) that would be impacted by the proposed Cr-6 regulation. Under the proposed regulation, the compliance period would be three years, we have approximately 9025 connections.
The proposed Cr-6 regulation identifies three treatment technologies as Best Available Technologies (BATs): ion exchange, reduction/coagulation/filtration (RCF), and reverse osmosis; but it also recognizes that there are conditions in which other means of compliance may be available, including the use of stannous chloride (SnCl2) to reduce Cr-6 to Cr-3 without filtration.
In its Initial Statement of Reasons for the Hexavalent Chromium Maximum Contaminant Level (MCL) Regulation, State Water Board acknowledged that there may be conditions under which SnCl2 could be a viable technology for decreasing Cr-6, and a PWS can use SnCl2 under the correct conditions. However, State Water Board determined that for SnCl2 to be considered a BAT, additional information on the capability of the technology to meet the proposed MCL would
Item 12.
be necessary, including information on re-oxidation in the distribution system and the ability to meet a potential MCL without exceeding the tin (Sn) NSF 60 maximum use level (MUL) of 0.063 mg/L, as well as the fate of all forms of chromium (Cr) when SnCl2 is used. The State Water Board intends to request additional evaluation of the distribution system water quality should this technology be proposed for use by a PWS.
On September 27, 2023, State Water Board, DDW, issued a conditional approval for the Coachella Valley Water District to extend a full-scale demonstration project in their ID-8 PWS to gather more data to address areas of uncertainty with the use of SnCl2 without filtration as a treatment technology and the fate of Sn and Cr-6 in the distribution system and premise plumbing. The Division of Drinking Water (DDW) also requested the submittal of a work plan by March 31, 2024, with additional monitoring protocols and a pipe loop study to evaluate Sn and Cr accumulation on different pipe materials representative of distribution system and premise plumbing.
Given that the State Water Board has stated that the use of SnCl2 will be evaluated on system by system approach and given that the Division of Drinking Water has already instructed CVWD to perform additional monitoring, continue its pilot testing, and provide various data gathered via the work plan. City staff recommends that we begin our own data gathering via a pilot test.
City staff wishes to follow parallel compliance tracks that include (1) further evaluation of the use of SnCl2 to reduce Cr-6 to Cr-3 without filtration to meet the proposed Cr-6 MCL, including the development of a work plan (2) evaluating other treatment options.
DISCUSSION:
On April 11, 2023 the City of Coachella respectfully urged Senator Padilla and Assemblymember Garcia to request a $500,000.00 appropriation through the 2023-2024 state budget to help the City finance a pilot demonstration project that could provide the needed data to the Division of Drinking Water to consider allowing the City to use SnCl2 to lower levels of Chromium-6 in its drinking water. Later in July, 2023 the City was notified that it had secured the appropriation through the state budget.
On November 08, 2023 the City published a Request for Proposals for the subject work and received two proposals. City staff from the Engineering Department, Public Works Department and the Utilities Department evaluated the proposals. City staff is recommending an award to Corona Environmental Consulting. Corona is one of the most recognized drinking water consulting firms addressing Chromium-6 compliance concerns for drinking water in the state. They previously provided support to our City in 2016-2017 and have a deep understanding of our water quality and the region, having also performed work for the Coachella Valley Water District, Indio Water Authority and Mission Springs Water District.
Item 12.
FISCAL IMPACT:
Staff is requesting $100,000.00 from the Water Fund be allocated to this years approved budget, the remaining $100,000.00 will be accounted in the FY 2024-25 budget. These expenses are expected to be reimbursed by the state through the appropriation that was made as described above.
ATTACHMENTS:
1. Budget Support for Innovative Pilot Project Letter
Item 12.
April 11, 2023
The Honorable Eduardo Garcia
California State Assembly
1021 O Street, Suite 8120
Sacramento, CA 95814
The Honorable Stephen Padilla
California State Senate
1021 O Street, Suite 6640
Sacramento, CA 95814
RE: Budget Support for Innovative Pilot Project
Dear Assembly Member Garcia and Senator Padilla,
On behalf of the City of Coachella, we write to respectfully urge you to request a $500,000 appropriation through the 2023-2024 State Budget to help the city finance a pilot demonstration project on the efficacy of stannous chloride to lower levels of hexavalent chromium 6 (Chromium6) in the city’s drinking water. With the State Water Resources Control Board (“Water Board”) expected to issue a new chromium-6 drinking water standard later this year, a pilot study demonstrating the efficacy of stannous chloride is the city’s only viable path at being able to afford the cost of complying with the forthcoming choromium-6 standard.
Located in the eastern Coachella Valley in Riverside County, the City of Coachella is a workingclass community of 45,000 residents that operates its own water system. While the City is located near some of the most exclusive real estate and recreational destinations in the country –golf clubs, resort hotels, gated communities– our residents often struggle to afford basic services. The average median household income is $35,000, and like the rest of the Coachella Valley, our groundwater is contaminated with naturally occurring chromium-6 which results from the valley’s geology, and that has been present in the groundwater since before the valley was developed.
In 2022, the Water Board issued a draft drinking water standard for chromium-6 at a Maximum Contaminant Level (MCL) of 10 parts per billion, mirroring the Water Board’s 2014 chromium-6 MCL. The 2014 chromium-6 MCL was invalidated by the courts in 2017, but not before the city spent $400,000 on design plans to build a strong base anion exchange system to reduce chromium6 from its drinking water at a cost of $36.2 million to construct. Once passed to the city’s water users, the cost of the project would have increased average customer bills to $96.36 per month, an over 120% increase in water rates per customer over a five-year period. The increase would have pushed the city’s affordability index to 4.4% of Median Household Income (MHI), almost three times higher than the 1.5% MHI threshold used by the state to determine water affordability.
Item 12.
In the greater Coachella Valley, the Coachella Valley Water District (the “district”) was facing a similarly exorbitant cost scenario to comply with the 2014 chromium-6 MCL. The district had designed plans to build a conventional ion exchange treatment system consisting of buildings at 29 well sites and a central facility for regenerating the resin used in the treatment process at a cost of $250 million to construct. However, just as construction was set to begin, testing revealed stannous chloride, an approved drinking water additive used to protect water pipes from corrosion, could safely and cost effectively lower levels of chromium-6 in its water system. In response, the district temporarily halted construction of the ion exchange system and launched a pilot study to evaluate the feasibility and effectiveness of using stannous chloride to reduce levels of chromium6 at a district well in Palm Desert. The pilot confirmed the efficacy of stannous chloride. The district then authorized a full-scale demonstration project of its water system serving Indio Hills, Sky Valley and areas in and around Desert Hot Springs. Again, the results of the study showed stannous chloride could cost effectively reduce chromieum-6 to ten parts per billion and below, positioning the district to meet any forthcoming chromeium-6 MCL at a fraction of the cost of the conventional ion exchange methods prescribed by the state.
Because the State Water Board requires the completion of a pilot study before it will allow alternate chromium-6 treatment technologies like stannous chloride, the completion of a pilot study is the city’s only viable path toward being able to meet the forthcoming chromium-6 MCL. Ultimately, our residents deserve access to safe and affordable drinking water, but having already spent $400,000 on plans to comply with the 2014 chromium-6 MCL; we need the state’s help to demonstrate the efficacy of stannous chloride to reduce chromium-6 in our drinking water.
We thank you for your consideration of this modest but important investment of $500,000 to ensure our residents have access to the affordable and clean drinking water they deserve, but for too long have lacked.
Respectfully,
Dr. Gabriel Martin
City Manager
Item 12.
City of Coachella
Testing and Evaluation of an Alternative
Treatment Process for Removal of Chomium-6
from Groundwater and Water System Planning
Corona Environmental Consulting, LLC
January 8, 2024
Item 12.
357 S. McCaslin Blvd., Suite 100 | Louisville, CO 80027 | 303.544.2161 | www.coronaenv.com | 1 Castulo Estrada
Utilities Manager
City of Coachella
53462 Enterprise Way, Coachella, CA
Dear Mr. Estrada,
Corona Environmental Consulting, LLC (Corona) is pleased to submit our proposal to the City of Coachella and the Coachella Water Authority (CWA) in response to the Request for Proposals for the “Testing and Evaluation of an Alternative Treatment Process for Removal of Chromium-6 (Cr-6) from Groundwater and Water System Planning” issued November 8, 2023. Corona is excited to have an opportunity to work with CWA on this issue again as our group has decades of experience understanding, improving, and implementing Cr-6 treatment technologies, including the pilot testing of reduction coagulation filtration with both stannous chloride and ferrous chloride for CWA in 2016. For this effort, we have teamed with our friends and colleagues at Water Works Engineers (WWE) who bring specific expertise in the design and implementation of groundwater treatment systems throughout California and the southwest.
The Corona team is uniquely qualified to support CWA for these efforts having recently completed a pilot study in Dixon, CA that evaluated the long-term implication of stannous chloride application without filtration. In addition, our team has been actively researching and implementing advances in Cr-6 treatment solutions since the previous maximum contaminant level (MCL) was rescinded.
Our proposed approach, as detailed herein, builds upon our previous efforts with CWA and will draw upon our unparalleled experience with the treatment of Cr-6 in groundwater systems, including neighboring systems of Indio Water Authority and Mission Springs Water District. We look forward to working sideby side with you and CWA staff to effectively solve this challenge and best meets your community’s needs.
Very truly yours,
Craig Gorman
Partner / Project Manager
Corona Environmental Consulting, LLC
720.626.4706
[email protected]
Chad Seidel, Ph.D.
President / Principal-in-Charge
Corona Environmental Consulting, LLC
303.887.1853
[email protected]
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 2 1 Proposer Statement of Qualifications
1.1 Executive Summary
Corona Environmental Consulting, LLC (Corona) is the most recognized drinking water consulting firm to address hexavalent chromium (Cr-6) compliance concerns for drinking water utilities. We previously supported CWA in 2016-17 and have continued to advance the water community’s understanding for Cr6 treatment. Following our demonstration of stannous chloride without filtration in the Coachella Valley Water District (CVWD) ID-8 Sky Valley system, Corona just completed bench- and pilot-scale testing of stannous chloride without filtration for Cal Water in Dixon, CA to inform remaining concerns. Those tests confirmed concerns for using stannous chloride without filtration to achieve compliance with the anticipated Cr-6 MCL, namely the release of total chromium, at times several orders of magnitude greater than the current 50 µg/L total MCL. We are glad to partner with Water Works Engineers (WWE) with their design and cost estimating expertise. Our proposed approach will (1) evaluate stannous chloride, (2) evaluate Cr-6 treatment technologies in today’s context, and (3) deliver a Preliminary Design Report and Work Plan to meet California Department of Water Resources (DWR) expectations.
1.2 Qualifications and Experience
Corona is a nationally recognized drinking water consulting firm and a leader in addressing complex technical issues confronting the drinking water community. Over our ten years in business since founding in 2013, Corona has built a reputation based on the success of our recommended solutions and fulfilling our clients’ needs. Within the drinking water community, Corona fills a unique role as a specialty consulting firm with the sole purpose of identifying and solving new and previously unsolved problems for the water community through the application of state-of-the-art engineering, science, and technology.
With respect to Cr-6 treatment, Corona brings unapparelled experience and our pioneering research has resulted in significant improvements to the listed Best Available Technologies lowering both capital and operational cost expectations. In 2016, Corona was asked by CWA in 2016 to accompany Hazen as a subconsultant on their contract developing the 2016 Coachella Water Authority Hexavalent Chromium Treatment Facilities Project Basis of Design Report (2016 BDR) to provide input and oversight of piloting both stannous and ferrous reductants as part of the reduction coagulation filtration process (RCF). The RCF technology had shown increased promise after our team conducted comprehensive pilot testing for the City of Watsonville, CA. Corona and Hazen conducted RCF pilot testing for CWA after the 2016 BDR was issued. The RCF pilot testing concluded in the July 25, 2017, Draft Report by Hazen and Corona, Coachella Water Authority Stannous Chloride and Ferrous Chloride Testing for Hexavalent Chromium Removal” that the advancements in the RCF process resulted lower lifecycle costs than regenerable strong base anion exchange (SBA) which
was previously identified as the
preferred Cr-6 treatment
technology in the 2016 BDR.
Further, the report also commented
on the use of Cr-6 reduction using
stannous without filtration and
recommended filtration be
included to be protective of public
health.
Table 1. Comparison of CWA Cr-6 Lifecycle Treatment Costs from July 25, 2017, Draft Report “Coachella Water Authority Stannous Chloride and Ferrous Chloride Testing for Hexavalent Chromium Removal by Hazen and Corona (Table 1, page ES-5).
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 3 In addition to our previous support of CWA to assess Cr-6 treatment, our team has also supported other local area water providers including Indio Water Authority, CVWD, and Mission Springs Water District in addition many others across California.
Recently in 2023, our team concluded a pilot-scale study of stannous chloride without filtration in Dixon, CA, near Sacramento, for California Water Service.
This pilot testing confirmed concerns for using stannous chloride without filtration to achieve compliance with the anticipated Cr-6 MCL, namely the release of total chromium, at times several orders of magnitude greater than the current 50 µg/L total MCL, from distribution system and premise plumbing fixtures, and high concentrations of tin from residual stannous. Figure 1 shows tin and chromium residuals that had accumulated in the pipe up until decommissioning of the pilot equipment which operated intermittently for approximately 12 weeks. Based on the results of these efforts, neither the California Water Service, nor the project team believe direct application of stannous for Cr-6 control is a viable treatment approach. The experience and lessons learned from this study will streamline our proposed efforts and provide immediate value to CWA.
Along with our in-house team of water quality and treatment experts, we are pleased to also introduce our preferred partner Water Works Engineers (WWE).
WWE was formed in 2005 with a vision to grow a new kind of engineering firm, a firm built on providing exceptional client service from highly experienced engineers in a “hands-on” highly interactive and enjoyable environment. To serve our clients throughout the Western United States, WWE has 100+ employees based in Los Angeles, San Diego, San Mateo, Redding, Roseville, CA, as well as Scottsdale, AZ, Salt Lake City, UT, Albuquerque, NM, and Star, Idaho.
WWE brings extensive experience in the planning and design of water and wastewater pumping, conveyance, and treatment systems. Our expertise includes both process and process‐mechanical design of facilities with a broad range of size and complexity to ensure that the facility will provide long‐term, reliable, and cost‐effective performance. We are committed to providing well thought-out projects that meet our client’s schedule and budget exceed expectations for quality, efficiency, and attention to detail.
Our team’s principals and staff have extensive experience with facilities representing a broad range of size and complexity and continually strive to provide practical approaches to projects. WWE’s focus and work approach allow us to provide high-quality planning and design products very efficiently.
Corona and WWE have an extensive history of collaboratively addressing water utility clients’ needs. We are currently working together to support Indio Water Authority efforts to address Cr-6 their concerns and have previously done so for California Water Service. We are confident the Corona/WWE team will exceed CWA’s needs and expectations for this effort. Collectively our team brings leading innovators in water quality analysis, groundwater treatment and optimization, design and implementation, which will be of critical importance when addressing a new MCL that has yet to have a handbook written to determine a utility’s most appropriate path to compliance. Introductions to key staff members are provided below along with resumes included as an appendix to this proposal.
Figure 1. Tin and
chromium residuals
accumulated in pipe
following pilot testing
of stannous chloride
without filtration in
Dixon, CA (2023).
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 4
1.2.1 Introduction to Key Staff Members
Dr. Chad Seidel, Principal-in-Charge, is President at Corona Environmental Consulting, LLC where he brings his more than 20 years of consulting experience serving the drinking water community by providing small and large drinking water utilities with process engineering services, from optimization of existing conventional treatment processes to the application of advanced treatment processes for controlling emerging contaminants. Chad has been assisting Cr-6 impacted water utilities in California since 2000. He has led the discovery, testing, and implementation of Cr-6 treatment advances regarding strong base anion exchange, ferrous reduction coagulation filtration, and others to achieve millions of dollars of cost savings for impacted utilities. Chad will direct this project to realize the best, most cost-effective Cr-6 treatment strategy for CWA. Chad will act as principal-in-charge for all project activities.
Craig Gorman, Project Manager, has nearly 20 years of experience dedicated to the treatment of inorganic contaminants in drinking water. Craig has led technology selections, bench- and pilot-scale evaluations, cost estimating and design efforts for inorganic contaminants including Cr-6, arsenic, nitrate, fluoride, boron, uranium, and radium. Specific to Cr-6 treatment, Craig led the development and implementation of pilot testing programs that have revolutionized the treatment marketplace for technologies such as regenerable strong base anion exchange, non-regenerable ion exchange, and reduction coagulation filtration. Recently, Craig was Corona’s technical lead for a pilot study that investigated the use of stannous chloride without filtration. This study exposed significant concerns for the long-term use of this approach for Cr-6 compliance purposes. Craig will act as Corona’s project manager.
Brittany Gregory, Project Lead, is a Water Process Engineer at Corona Environmental Consulting, where she focuses on drinking water treatment selection through alternative treatment assessments, along with treatment process optimization supported by bench- and pilot scale testing. Brittany has led or supported numerous pilot-scale studies in California, most recently a pipe loop study completed to better understand the fate of stannous chloride when used as a reductant for Cr-6 treatment in the absence of filtration. Brittany also has extensive experience in large data management, data visualization tools, and treatment process modelling. Brittany will act as our project lead and will direct any identified bench- or pilot-scale activities.
Dr. Anthony Kennedy, QA/QC, is a water process engineer at Corona and has 10 years of experience as a drinking water and water reuse engineer specializing in advanced water treatment processes such as adsorption, ion exchange, and membrane separation. With the City of Longmont, Denver Water, US Bureau of Reclamation, and Corona, Anthony has performed and led alternative treatment assessments, modeling, water quality assessments, bench- and pilot-scale evaluations, applied research, budgetary cost estimating, and conceptual design efforts for drinking water and water reuse projects that have addressed organic matter, organic micropollutants including per- and polyfluoroalkyl substances, total dissolved solids, taste and odor causing compounds, metals, arsenic, radium, nitrate, selenium, hexavalent chromium, fluoride, and disinfection byproducts. Dr. Kennedy will provide QA/QC oversight and technical support as needed.
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 5 Andrew Borgic, P.E. is a water/wastewater process design engineer with experience in large and small civil infrastructure (water and wastewater treatment) projects, including feasibility studies, alternatives analyses, and design for treatment plant upgrades and modifications. His design experience includes preliminary design reports and preparation of final plans and specifications for water and wastewater treatment plant or pump station projects.
Typical duties include technical report preparation, preparation of contract drawings and specifications, cost estimate preparation, contractor interaction, field visits, inspections, and engineering services during construction. Andrew will be WWE’s project manager and work alongside closely with Craig Gorman.
Herb Durbin is a Project Engineer with over 23 years of experience in civil and environmental engineering. He specializes in ground and surface water quality and water treatment plant design and optimization. Mr. Durbin has acted in a number of water quality studies and assisted in the designs of numerous large coagulation filtration and adsorption arsenic treatment facilities. Herb will oversee the development of the Preliminary Design Report.
Rachel MacLean, P.E. has gained experience in drinking water design projects, including pipeline and groundwater treatment plant projects. Groundwater treatment project experience includes, PFAS, hexavalent chromium, sulfide, and manganese removal. Typical duties have included development of design specification, cost-estimate preparation, preliminary design development and reporting, chemical feed and storage facility sizing, stormwater and LID design, and construction submittal reviews. Rachel will act as WWE’s project engineer.
1.3 Organizational Chart
Figure 2. Project Team Organization Chart
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 6
1.4 Relevant Project Descriptions
Hexavalent Chromium Treatment Roadmap and Conceptual Design, Indio Water Authority, Indio, CA (May 2022 to present): In preparation for anticipated reissued Cr-6 MCL, Indio Water Authority engaged Corona to evaluate water quality and treatment alternatives for 20 groundwater wells. Strong base anion exchange, both regenerable and non-regenerable, ferrous iron reduction coagulation filtration, and stannous tin reduction were evaluated in terms of water quality, equipment, operation, and well site space constraints. Ultimately, where strong base anion exchange was not already in operation, ferrous iron reduction coagulation filtration was recommended as the treatment alternative for most well sites due to ease of operation and reliability. Indio Water Authority plans to move forward assuming ferrous iron reduction coagulation filtration will be implemented at several well sites, both individually and centralized, upon promulgation of a new hexavalent chromium maximum contaminant level. Strong-base anion exchange stannous chloride options remain in consideration for small footprint well sites and in cases where wells will be used in rare, low production circumstances. As part of that effort, Corona teamed with WWE to develop conceptual designs and pre-purchased equipment specifications for several ferrous iron reduction coagulation filtration treatment systems. Bench-scale testing was also performed to inform conceptual designs.
Stannous Chloride Without Filtration Pilot-scale Evaluation, California Water Service, Dixon, CA: In California Water Service’s Dixon water system, hexavalent chromium was present in three active groundwater wells above the anticipated California State Water Resources Control Board Division of Drinking Water maximum contaminant level of 10 µg/L. These three wells remove hexavalent chromium to below the anticipated MCL using regenerable SBA prior to distribution. However, a newly constructed but inactive well has hexavalent chromium above the anticipated MCL of 10 µg/L and was not equipped with any treatment system. Cal Water engaged Corona to investigate the feasibility of using stannous chloride without filtration to reduce hexavalent chromium to trivalent chromium, which is regulated as total chromium with an MCL of 50 µg/. Bench- and pilot-scale tests were performed that evaluated required doses, reduction times, and impacts on pipe materials and typical premise plumbing fixtures. The pilot-scale testing elevated concerns with this potential compliance alternative as some of the measured total chromium samples we’re nearly 80 times greater than the corresponding MCL of 50 µg/L. The blueish hue material in Figure 3 shows accumulation of what is believed to be chromium and tin hydroxides that can be released. The outcomes of this study and concerns regarding chromium and tin accumulation and subsequent release have resulted in Cal Water considering an alternative treatment strategy at this site, namely reduction coagulation filtration.
Stannous Pilot Testing for Hexavalent Chromium Compliance, Coachella Valley Water District (CVWD), Palm Desert, CA: The Coachella Valley Water District (CVWD) has 36 wells requiring treatment to comply with the prior and anticipated Cr-6 MCL of 10 µg/L. After CVWD had designed and was near starting
construction of regenerable SBA treatment, Corona was
engaged to assess the viability of stannous chloride reduction of Cr-6 to achieve MCL compliance. Stannous chloride
Figure 3. Cal Water Dixon
Stannous Without Filtration
Pilot Pipe with Chromium
and Tin Accumulation.
Figure 4. Corona directed full-scale
demonstration of stannous chloride without
filtration at CVWD ID-8 Sky Valley
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 7 facilitated reduction was effectively demonstrated to reduce Cr-6 to concentrations below 10 µg/L through bench-, pilot- and full-scale testing. However, the full-scale demonstration testing program at the CVWD ID-8 system in Sky Valley raised significant concerns regarding the transport and fate of chromium and tin particles in the distribution system and premise plumbing highlighting the need for additional research prior to full-scale implementation.
1.5 References
References for each of the aforementioned projects are provided in the table below.
Project Client Contact
Name
Contact
Phone
Contact
Email
Hexavalent Chromium
Treatment Roadmap and
Conceptual Design
Indio Water
Authority Miguel Peña 760.625.1852 [email protected]
Stannous Chloride Pilot-scale
Evaluation
California Water
Service Tarrah Henrie 408.367.8490 [email protected] Stannous Pilot Testing for
Hexavalent Chromium
Compliance
Coachella Valley
Water District Robert Cheng 760.485.9003 [email protected]
1.6 Subcontractors
As described above, we have included Water Works Engineers to conduct cost estimating, develop preliminary site layouts, and develop preliminary cost estimates for the selected treatment alternatives.
As necessary, WWE will also conduct preliminary sewer capacity and distribution system hydraulic analyses. Water Works Engineers brings decades of experience in the design and construction of groundwater treatment facilities which will be leaned upon on these efforts to allow CWA to provide make informed decisions about the Cr-6 compliance options.
2 Proposed Method to Accomplish the Work
Our team recognizes CWA has previously invested considerable resources to address their Cr-6 compliance challenges for the previous MCL. At the time the previous MCL was rescinded, Hazen and Corona recommended CWA pivot from regenerable SBA to an RCF process for Cr-6 treatment at their impacted wells. However, on the heels of that recommendation, neighboring communities were exploring a potential low-cost alternative using direct application of stannous chloride without filtration.
While compelling from a cost and operational perspective, this approach raised concerns about its longterm applicability given the potential for chromium accumulation and release in the distribution system.
In the years since, our team has continued to investigate advances in the listed BATs for Cr-6 treatment as well as the viability of the use of stannous without filtration. These areas include understanding the performance and regeneration efficiency of newly available SBA resins, exploring vendor provided ‘mobile’ regen approaches, and further optimizing the RCF process, each of which has improved the economics and feasibility of these treatment approaches.
With all these things in mind, our proposed approach for CWA is not to start over, but rather make use of CWA’s previous investments in this space while simultaneously updating these analyses with the current
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 8 understanding of Cr-6 treatment approaches, risks, and mitigation strategies. Our proposed work plan is outlined below:
Step 1 Stannous Chloride Evaluation: Despite the concerns around stannous chloride, CWA would be remiss not to confirm whether this technology is appropriate for further consideration. As such, our team will develop a comprehensive benefit / risk analysis to be presented to CWA staff within one month of notice to proceed. Given what is known today, we foresee two possible outcomes of this initial step:
1) stannous without filtration is eliminated from further consideration or 2) a pipe rack or similar study will be required to understand if there are specific water quality characteristics in the CWA supply that prevent the accumulation and subsequent release of chromium in the distribution system or premise plumbing.
If stannous without filtration is not eliminated and warrants testing or study, there may be cost-sharing opportunities to collaboratively achieve this with other regional utilities (e.g. CVWD, MSWD, IWA) who also desire clearly answering these questions. We believe our team is best suited to implement this type of study to quickly and efficiently illuminate the residual concerns and permitting hurdles given our recent experiences and on-going discussions with the Division of Drinking Water regarding stannous without filtration. If this is the selected route, our team will work closely with CWA staff to determine the appropriate level of effort to address any concerns, as well as cost-sharing opportunities.
Deliverables: In-person workshop to present stannous chloride benefit / risk analysis Step 2 Cr-6 Treatment Technology Evaluation: Given the time that has elapsed since CWA last considered Cr-6 treatment, it is warranted to reevaluate the water supply and production details in light of the improvements to the relevant Cr-6 treatment technologies. Following Step 1, our team will conduct a preliminary assessment of Cr-6 treatment technologies including:
• Regenerable strong base anion exchange
o On-site regeneration
o Mobile regeneration
• Non-regenerable strong base anion exchange
• Reduction, coagulation, filtration
• Stannous without filtration (if considered viable following Step 1 Technologies such as reverse osmosis and weak base anion exchange will also be considered; however, the limitations of these technologies that existed in 2016 have not advanced and it is unlikely they will progress in in the analysis. This analysis will provide performance estimates of each of the technologies that consider CWA’s unique water quality and production needs. Ultimately our team will develop and work through a qualitative and quantitative decision matrix with CWA staff to identify the most appropriate, safe, and sustainable Cr-6 removal technology for the impacted wells. The decision matrix will include representative Class 5 cost estimates for a 2,000 gpm well site can be extrapolated to each of CWA’s wells, operational requirements, risks, benefits, site needs and limitations, etc.
Deliverables: Decision matrix workshop, Draft and final Cr-6 Treatment Technology Evaluation Step 3: Preliminary Design Report and Work Plan: Following the treatment technology selection, a preliminary design report (PDR) will be developed with context from the 2016 BDR in mind, or the 2016 BDR will be updated if SBA with centralized regeneration is the recommended path forward. The PDR will
Item 12.
City of Coachella | Coachella Water Authority
Testing and Evaluation of an Alternative Process for Removal of Chromium-6 from Groundwater and Water System Planning | 9 include at a minimum the following information for each of the six impacted wells: site and yard piping layouts, well pump and electrical upgrades, design parameters, and 20-yr net present worth cost analyses.
If the RCF technology is selected, preliminary sewer capacity analyses will also be provided. The PDR will serve as the backbone for DWR’s required work plan from which all subsequent tasks and schedule details can be developed. The PDR will also be a required element to pursue additional funding opportunities from DWR or other agencies.
Deliverables: Draft and Final PDR including Executive Summary and Work Plan 3 Certification of Proposal
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposals (RFP), and to be bound by the terms and conditions of the RFP. 4 Cost Proposal
The following table presents a detailed schedule of 2024 hourly rates for all staff positions that would be assigned to the proposed services for both Corona and Water Works Engineers. All travel related expenses (e.g. airfare, hotel, ground transportation, etc.), project related supplies, laboratory services and other related project direct costs will be reimbursable with a 10% mark-up. All subcontractor or sub-consultant costs will have a 5% mark-up.
Category 2024 Hourly Rates Key Staff
Corona Environmental Consulting
Partner $355 Seidel
Principal Professional $320 Gorman
Supervising Professional $280
Senior Professional $245 Kennedy
Associate Professional $210 Gregory
Professional $180
Administrator $120
Intern $105
Water Works Engineers
Principal Engineer II $293
Principal Engineer I $272
Senior Project Engineer II $253 Borgic
Senior Project Engineer I $235 Durbin
Project Engineer II $217
Project Engineer $203
Associate Engineer II $191
Associate Engineer $180 MacLean
Staff Engineer II $165
Staff Engineer $147
Jr. Engineer $117
Senior Administrative Assistant $117
Administrative Assistant $83
5 Addenda
We acknowledge receipt of ADDENDUM NUMBER 1, issued 1/4/2024.
Item 12.
Chad Seidel, Ph.D., P.E.
President
Page | 1
Dr. Chad Seidel is President at Corona Environmental Consulting, LLC where he brings his more than 20 years of consulting experience serving the drinking water community by providing small and large drinking water utilities with process engineering services, from optimization of existing conventional treatment processes to the application of advanced treatment processes for controlling emerging contaminants. Chad has been assisting Cr-6 impacted water utilities in California since 2000. He has led the discovery, testing, and implementation of Cr-6 treatment advances regarding strong base anion exchange, ferrous reduction coagulation filtration, and others to achieve millions of dollars of cost savings for impacted utilities. Chad will direct this project to realize the best, most cost-effective Cr-6 treatment strategy for CWA.
Licenses
Registered Professional Engineer in AZ, CO, GA, IL, MA, NJ, NY, PA, TX, WA Education
Ph.D., Civil and Environmental Engineering, University of Colorado Boulder, 2006. Dissertation Title:
“Investigation of Hexavalent Chromium as a Future Regulated Drinking Water Contaminant” M.S. Civil and Environmental Engineering, University of Colorado Boulder, 2000. Thesis Title: “Understanding Disinfection Byproduct Behavior in Water Distribution Systems” B.S. Environmental Engineering, Montana Tech of the University of Montana: Valedictorian, 1998 Representative Projects
Hexavalent Chromium Treatment Valuation, Indio Water Authority, CA: Corona was engaged by IWA to conduct a ‘valuation’ of their Cr-6 treatment systems. The valuation compared contracted performance metrics and costs with full-scale performance data and determined that the systems are not operating as designed and thereby increasing IWA ongoing operational costs. Corona staff visited the treatment sites and develop a strong understanding of each system’s performance. One of the recommendations from this effort was that IWA investigate whether new resins could be beneficial at these locations.
Hexavalent Chromium Treatment Implementation, California Water Service, CA: Corona completed a Cr-6 treatment study for California Water Service (Cal Water). This study addressed the treatment needs for three of Cal Water’s districts that are heavily impacted by the Cr-6 MCL, including wells in Willows, Dixon, and the Salinasservice areas. In total, the water quality, and site-specific constraints of 27 wells were evaluated and Cr-6 treatment recommendations were made. Based upon historical water quality and operational preferences, strong base anion exchange was found to be the low-cost alternative for all but one of wells requiring treatment. Cal Water, with Corona as a technical lead, applied for and was awarded a $5 million grant from the Proposition 50, Chapter 6b program to support the construction of full-scale SBA-IX treatment units. As a part of this grant, testing was conducted to optimize the SBA-IX process. This testing included investigating new-to-market resins and brine treatment and minimization efforts much in-line with the needs of this project. Chad directed and oversaw the test plans and testing for all phases of this project. As a result of these efforts, Cal Water has 8 full-scale SBA-IX systems that have been operational since 2016.
California American Water, Cr-6 Compliance and Implementation, Sacramento, CA: California American Water (CAW) has seven groundwater wells above the 10 μg/ Cr-6 MCL. Corona investigated compliance strategiesincluding blending, well modification, and treatment alternatives. This desktop evaluation identified SBA-IX as CAW’s most effective compliance solution, which was then confirmed via site specific pilot testing. The water quality of CAW’s Cr-6 impacted wells are ideally suited for SBA-IX treatment since the background water quality matrix, specifically nitrate and sulfate, are relatively low. However, CAW’s wells are generally located on small parcels which would make the implementation of this treatment difficult if not impossible without the acquisition of additional property.
In response to this constraint, Corona recommended SBA-IX be implemented in a nonregenerable mode, which to our knowledge has yet to be permitted in California for this purpose. Corona has since assisted with the
Item 12.
Chad Seidel, Ph.D., P.E.
President
Page | 2
procurement, design, and permitting of the full-scale installations which began operating in 2017. Since the full-scale systems have been online, Corona has continued their support of CAW by pilot testing the Purolite Lewatit TP107 and Purolite PWG600E2 SBA-IX resins as potential alternatives to the Purolite A600E 9149 which is currently in use.
As a result of these efforts, CAW has elected to replace the resin at one of their sites with the Lewatit product as this product should result in significant cost savings.
Stannous Pilot Testing for Hexavalent Chromium Compliance, Coachella Valley Water District, CA: The Coachella Valley Water District (CVWD) engaged Corona to evaluate treatment alternatives for 30 wells that required treatment to comply with the former Cr-6 MCL of 10 µg/L. This included an analysis of traditional treatment techniques, such as strong base anion exchange (SBA-IX) and ferrous facilitated reduction/ coagulation/ filtration that are proven technologies for Cr-6 removal. Over the course of this project, Corona’s advances in stannous chloride research led to CVWD placing their planned strong base anion exchange (SBA-IX) treatment designs on hold to evaluate the use of stannous chloride for Cr-6 compliance. This investigation included bench-, pilot- and full-scale demonstrations of the application of stannous chloride for Cr-6 reduction to Cr-3.
Additional Cr-6 project experience and list of relevant project experience available upon request.
Relevant Publications and Presentations
Tarrah Henrie, Sarah Plummer, John Orta, Steve Bigley, Craig Gorman, Chad Seidel, Kyle Shimabuku, Haizhou Liu, Full-scale demonstration testing of hexavalent chromium reduction via stannous chloride application, AWWA Water Science, 10.1002/aws2.1136, 1, 2, (2019).
Plummer, Sarah; Gorman, Craig; Henrie, Tarrah; Shimabuku, Kyle; Thompson, Robert; Seidel, Chad. (2018).
Optimization of strong-base anion exchange O&M costs for hexavalent chromium treatment. Water Research. 139. 10.1016/j.watres.2018.04.011.
Moffat, Ivy; Martinova, Nadia, Seidel, C., Thompson, C. (2018), Hexavalent Chromium in Drinking Water. Journal - American Water Works Association, 110: E22-E35. doi: 10.1002/awwa.1044 Li, X. , Green, P. G., Seidel, C. , Gorman, C. and Darby, J. L. (2016), Chromium Removal From Strong Base Anion Exchange Waste Brines. Journal - American Water Works Association, 108: E247-E255. doi:10.5942/jawwa.2016.108.0049
Li, X. , Green, P. G., Seidel, C. , Gorman, C. and Darby, J. L. (2016), Meeting California's Hexavalent Chromium MCL Using Strong Base Anion Exchange Resin. Journal - American Water Works Association, 108: E474-E481. doi:10.5942/jawwa.2016.108.0112
Gorman, C. , Seidel, C. , Henrie, T. , Huang, L. and Thompson, R. (2016), Pilot Testing Strong Base Anion Exchange for CrVI Removal. Journal - American Water Works Association, 108: E240-E246. doi:10.5942/jawwa.2016.108.0028
Seidel, C., Gorman, C., Ghosh, A., Dufour, T., Mead, C., Henderson, J., Li, X., Darby, J., Green, P., McNeill, L., Clifford, D., 2014. Hexavalent Chromium Treatment with Strong Base Anion Exchange, Water Research Foundation, Project No. 4488. Denver, CO.
Seidel, C., Najm, I., Blute, N., Corwin, C., Wu, X., “National and California Treatment Costs to Comply with Potential Hexavalent Chromium MCLs” Journal of the American Water Works Association, June 2013.
Seidel, C., Corwin, C., “Total Chromium and Hexavalent Chromium Occurrence Analysis” Journal of the American Water Works Association, June 2013.
McGuire, M.J., Blute, N.K., Seidel, C., Qin, G., Fong, L., "Pilot-Scale Studies of Hexavalent Chromium Removal from Drinking Water," Journal of the American Water Works Association, Vol. 98, No. 2, February 2006.
Item 12.
Craig Gorman, P.E.
Principal
Page | 1
Mr. Gorman has nearly 20 years of experience dedicated to the treatment of inorganic contaminants in drinking water. Craig has led technology selections, bench- and pilot-scale evaluations, cost estimating and design efforts for inorganic contaminants including hexavalent chromium [Cr-6], arsenic, nitrate, fluoride, boron, uranium, and radium. Specific to Cr-6 treatment, Craig led the development and implementation of pilot testing programs that have revolutionized the treatment market place for technologies such as regenerable strong base anion exchange, non-regenerable ion exchange, and reduction coagulation filtration. Recently, Craig was Corona’s technical lead for a pilot study that investigated the use of stannous chloride without filtration. This study exposed significant concerns for the long-term use of this approach for Cr-6 compliance purposes.
Licenses
Registered Professional Engineer – Colorado PE 43422
Education
M.S. Civil Engineering, University of Colorado at Boulder, Boulder, CO, August 2005 Thesis Title: “Initial Measurements and Test System Development for Evaluation of a Novel, Hybrid Reverse Osmosis-Electrodialysis Process”
B.S. Environmental Science, State University of New York at Plattsburgh, Plattsburgh, NY, December 1999 Representative Projects
Stannous Chloride Evaluation for Reduction of Cr-6, California Water Service, Dixon CA: The application of stannous chloride (SnCl2) an NSF certified corrosion inhibitor has been considered a potential compliance alternative for hexavalent chromium (Cr-6) treatment. In this case, SnCl2 would be added at the wellhead where it reduces Cr-6 to trivalent chromium (Cr-3) without filtration. This approach has been demonstrated at other utilities, and while successful at maintaining Cr-6 concentrations below the MCL, raises significant concerns with regards to the fate, accumulation, and potential release of chromium in the distribution system or premise plumbing.
To this end, Corona designed a simulated system using representative pipe materials to better understand the degree of chromium accumulation that can be expected. The system also includes in-home appurtenances such as sediment filters and water filters to better understand how these items may be impacted by SnCl2 treated water. The results showed significant accumulation of both tin and chromium on pipe surfaces, fouling of in-home filtration devices, and several samples with total chromium results more than 50 times greater than the regulated limit. This study has prompted the client to proceed with reduction coagulation filtration for Cr-6 compliance.
Hexavalent Chromium Reduction Coagulation Filtration Optimization, City of Watsonville, CA: The City of Watsonville, CA has five wells with Cr-6 in excess of the 10 µg/L MCL. A desktop evaluation identified reduction coagulation filtration (RCF) as the most cost-effective solution given the City’s ability to discharge the iron laden backwash water directly to sewer. That said, significant cost savings could be realized if the instantaneous backwash volume could be minimized, eliminating the need for increasing the sewer capacity. This opportunity was explored through on-site pilot testing that investigated alternative media configurations. The testing identified a media design that operates at twice the hydraulic loading rate and half the backwash rate of traditional sand and anthracite media, resulting in 75% decrease in the instantaneous backwash volume. The anticipated cost savings resulting from the pilot testing are estimated to be in excess of $5M (2017 dollars).
Hexavalent Chromium Treatment Implementation, California Water Service, CA: Corona completed a Cr-6 treatment study for California Water Service (Cal Water). This study addressed the treatment needs for three of
Item 12.
Craig Gorman, P.E.
Principal
Page | 2
Cal Water’s districts that are heavily impacted by the Cr-6 MCL, including wells in Willows, Dixon and the Salinas service areas. In total, the water quality and site-specific constraints of 27 wells were evaluated and Cr-6 treatment recommendations were made. Based upon historical water quality and operational preferences, strong base anion exchange was found to be the low-cost alternative for all but one of wells requiring treatment.
Cal Water, with Corona as a technical lead, applied for and was awarded a $5 million grant from the Proposition 50, Chapter 6b program to support the construction of full-scale SBA-IX treatment units. As a part of this grant, testing was conducted to optimize the SBA-IX process. This testing included investigating new-to-market resins and brine treatment and minimization efforts much in-line with the needs of this project. Craig led the development and execution of the test plans for all phases of this project. As a result of these efforts, Cal Water has 8 full-scale SBA-IX systems that have been operational since 2016.
California American Water, Cr-6 Compliance and Implementation, Sacramento, CA: California American Water (CAW) has seven groundwater wells above the 10 µg/ Cr-6 MCL. Corona investigated compliance strategies including blending, well modification, and treatment alternatives. This desktop evaluation identified SBA-IX as CAW’s most effective compliance solution, which was then confirmed via site specific pilot testing. The water quality of CAW’s Cr-6 impacted wells are ideally suited for SBA-IX treatment since the background water quality matrix, specifically nitrate and sulfate, are relatively low. However, CAW’s wells are generally located on small parcels which would make the implementation of this treatment difficult if not impossible without the acquisition of additional property. In response to this constraint, Corona recommended SBA-IX be implemented in a nonregenerable mode, which to our knowledge has yet to be permitted in California for this purpose. Corona has since assisted with the procurement, design, and permitting of the full-scale installations which began operating in 2017. Since the full-scale systems have been online, Corona has continued their support of CAW by pilot testing the Purolite Lewatit TP107 and Purolite PWG600E2 SBA-IX resins as potential alternatives to the Purolite A600E 9149 which is currently in use. As a result of these efforts, CAW has elected to replace the resin at one of their sites with the Lewatit product as this product should result in significant cost savings.
Additional Cr-6 project experience and other relevant project experience available upon request.
Relevant Publications
Gorman, C., Kennedy, A., Samson, C., Plummer, S., Townsend, E., Seidel, C. (2023), Improvements in the Reduction Coagulation Filtration Process for Hexavalent Chromium Treatment. AWWA Water Science, doi.org/10.1002/aws2.1315
Li, X. , Green, P. G., Seidel, C. , Gorman, C. and Darby, J. L. (2016), Chromium Removal From Strong Base Anion Exchange Waste Brines. Journal - American Water Works Association, 108: E247-E255. doi:10.5942/jawwa.2016.108.0049
Li, X. , Green, P. G., Seidel, C. , Gorman, C. and Darby, J. L. (2016), Meeting California's Hexavalent Chromium MCL Using Strong Base Anion Exchange Resin. Journal - American Water Works Association, 108: E474- E481. doi:10.5942/jawwa.2016.108.0112
Plummer, Sarah & Gorman, Craig & Henrie, Tarrah & Shimabuku, Kyle & Thompson, Robert & Seidel, Chad. (2018). Optimization of strong-base anion exchange O&M costs for hexavalent chromium treatment.
Water Research. 139. 10.1016/j.watres.2018.04.011.
Gorman, C. , Seidel, C. , Henrie, T. , Huang, L. and Thompson, R. (2016), Pilot Testing Strong Base Anion Exchange for CrVI Removal. Journal - American Water Works Association, 108: E240-E246. doi:10.5942/jawwa.2016.108.0028
Seidel, C., Gorman, C., Ghosh, A., Dufour, T., Mead, C., Henderson, J., Li, X., Darby, J., Green, P., McNeill, L., Clifford, D., 2014. Hexavalent Chromium Treatment with Strong Base Anion Exchange, Water Research Foundation, Project No. 4488. Denver, CO.
Item 12.
Anthony Kennedy, Ph.D., P.E.
Water Process Engineer
Page | 1
Anthony is a water process engineer at Corona and has 10 years of experience as a drinking water and water reuse engineer specializing in advanced water treatment processes such as adsorption, ion exchange, and membrane separation. With the City of Longmont, Denver Water, US Bureau of Reclamation, and Corona, Anthony has performed and led alternative treatment assessments, modeling, water quality assessments, bench- and pilot-scale evaluations, applied research, budgetary cost estimating, and conceptual design efforts for drinking water and water reuse projects that have addressed organic matter, organic micropollutants including per- and polyfluoroalkyl substances, total dissolved solids, taste and odor causing compounds, metals, arsenic, radium, nitrate, selenium, hexavalent chromium, fluoride, and disinfection byproducts.
Licenses
Registered Professional Engineer – Colorado (52405)
Education
B.S./M.S./Ph.D. – Civil Engineering, University of Colorado Boulder, 2013 Representative Projects
Arsenic and Hexavalent Chromium Removal Alternatives Assessment, Oak Hills/Salinas Hills/Stockton, CA: A total of three separate water systems owned and operated by California Water Service were concerned with the presence of arsenic and hexavalent chromium concentrations above existing and anticipated maximum contaminant levels, respectively, in their groundwater sources. In addition to evaluating raw groundwater quality, treatment assessments were performed for coagulation filtration, adsorption, strong base anion exchange, and ferrous iron reduction coagulation filtration. In collaboration with Water Works Engineers, LLC, preliminary lifecycle cost estimates and layouts for several treatment alternatives at each water system were developed. California Water Service is expected to move forward with full-scale design of recommended treatment systems at all three water systems. Anthony served as Corona’s technical lead.
Hexavalent Chromium Treatment Roadmap and Conceptual Design, Indio, CA: In preparation for a new hexavalent chromium maximum contaminant level, Indio Water Authority engaged Corona to evaluate water quality and treatment alternatives for 20 groundwater wells. Strong base anion exchange, both regenerable and non-regenerable, ferrous iron reduction coagulation filtration, and stannous chloride reduction were evaluated in terms of water quality, equipment, operation, and well site space constraints. Ultimately, where strong base anion exchange was not already in operation, ferrous iron reduction coagulation filtration was recommended as the treatment alternative for most well sites due to ease of operation and reliability. Indio Water Authority plans to move forward assuming ferrous iron reduction coagulation filtration will be implemented at several well sites, both individually and centralized, upon promulgation of a new hexavalent chromium maximum contaminant level. As part of that effort, Corona teamed with Water Works Engineers, LLC to develop conceptual designs and pre-purchased equipment specifications for four ferrous iron reduction coagulation filtration treatment systems. Bench-scale testing was also performed to inform conceptual designs. Anthony served as Corona’s co-project manager and technical lead.
Stannous Chloride Evaluation, Dixon, CA: In California Water Service’s Dixon water system, hexavalent chromium was present in three active groundwater wells above the anticipated California State Water Resources Control Board Division of Drinking Water maximum contaminant level of 10 µg/L. These three wells remove hexavalent chromium to below the anticipated MCL using regenerable strong base anion exchange prior to distribution. However, a newly constructed but inactive well had hexavalent chromium above the anticipated maximum contaminant level of 10 µg/L and was not equipped with any treatment system. California Water Service engaged Corona to investigate the feasibility of using stannous chloride without subsequent filtration to reduce hexavalent chromium to trivalent chromium prior to distribution. Bench- and pilot-scale tests were performed that evaluated required doses, reduction times, pipe materials, and typical premise plumbing fixtures. This testing is expected to support California Water Service’s decision on whether to use stannous chloride in the Dixon water system.
Item 12.
Brittany Gregory, P.Eng.
Water Process Engineer
Page | 1
Brittany Gregory is a Water Process Engineer at Corona Environmental Consulting, where she focuses on drinking water treatment selection through alternative treatment assessments, along with treatment process optimization supported by bench- and pilot scale testing. Brittany has led or supported numerous pilot-scale studies in California, most recently a pipe loop study completed to better understand the fate of stannous chloride when used as a reductant for hexavalent chromium treatment in the absence of filtration. Brittany also has extensive experience in large data management, data visualization tools, and treatment process modelling.
Education
MASc., Civil and Resource Engineering, Dalhousie University, Halifax, NS, 2017 BScE., Geological Engineering, University of New Brunswick, Fredericton, NB, 2015 Licenses
Professional Engineer – New Brunswick M8556
Representative Projects
Stannous Chloride Evaluation, California Water District, CA: California Water Service’s (CalWater) Dixon Water system has multiple groundwater sources with hexavalent chromium at concentrations exceeding the anticipated California State Water Resources Control Board Division of Drinking Water (DDW) maximum contaminant level (MCL) of 10 µg/L.
Three of these wells utilize regenerable strong base anion exchange to remove hexavalent chromium to below the anticipated MCL; however, a newly constructed groundwater well with elevated hexavalent chromium is not yet equipped with treatment. CalWater contracted Corona to determine the feasibility of applying stannous chloride without filtration to reduce hexavalent chromium to trivalent chromium to achieve the anticipated MCL prior to distribution. Both bench-scale and pilot-scale testing was completed to evaluate the required stannous chloride doses and reduction times to achieve sufficient hexavalent chromium reduction, along with its impact on various pipe materials and typical premise plumbing fixtures. The results obtained from this study are expected to support CalWater’s decision on whether to use stannous chloride at the Dixon system.
Larkfield Water Treatment Plant Filter Pilot Study, California American Water, CA: California American Water (CAW)’s Larkfield Water Treatment Plant consolidates the treatment of four groundwater wells with elevated iron, manganese, and arsenic. Current treatment consists of the addition of ferric chloride, sodium hypochlorite, and potassium permanganate to remove arsenic, iron, and manganese to below their respective regulatory limits through a coagulation greensand-filtration process. CAW approached Corona to develop and execute a filter pilot study to evaluate whether permanganate could be replaced by sodium hypochlorite to continuously regenerate their greensand media while still achieving their finished water quality goals. The pilot study was also used to evaluate alternative media configurations, as well as validate increased ferric chloride doses for additional arsenic removal. Brittany created the pilot test plan, erected the pilot system, and trained operations staff to complete the daily sampling requirements. Based on the pilot study results, Brittany developed a full-scale demonstration protocol to confirm the long-term capability of sodium hypochlorite to continuously regenerate greensand media. Corona continues to support the full-scale demonstration efforts and will update the site’s operation and maintenance plan upon receiving a permit amendment from DDW.
NWTP Long Term Water Quality Strategies, Town of Gilbert, AZ: The Town of Gilbert engaged Corona as the technical advisor for the design of a new water treatment facility to replace their existing North Water Treatment Plant. The primary drivers for the new plant include existing infrastructure deficiencies, high disinfection byproduct (DBP) formation from their surface water sources, along with the need for flexible processes to treat highly variable source waters. Brittany is acting as the assistant project manager for Corona, is overseeing the data management and analysis for the project, along with the subsequent performance model that will help predict key performance parameters at the new facility. She has also planned and executed a 15-month pilot study that is being used to optimize the selected treatment processes, calibrate the performance model, and confirm the treatment changes will not results in the need for additional corrosion studies with the local regulators. Brittany has also developed an interactive dashboard to visualize historical treatment and water quality data, along with modelled treatment projections based on the pilot study data.
Item 12.
ANDREW BORGIC, P.E.
1 Mr. Borgic is a water/wastewater process design engineer with over 20 years of experience in large and small civil infrastructure (water and wastewater treatment) projects, including feasibility studies, alternatives analyses, and design for treatment plant upgrades and modifications. His design experience includes preliminary design reports and preparation of final plans and specifications for water and wastewater treatment plant or pump station projects. Typical duties include technical report preparation, preparation of contract drawings and specifications, cost estimate preparation, contractor interaction, field visits, inspections, and engineering services during construction.
REPRESENTATIVE PROJECT EXPERIENCE
Indio Water Authority - Hexavalent Chromium Treatment Concept Development and Conceptual Design – Indio, CA (Conceptual Design) Mr. Borgic provided preliminary design services in collaboration with Corona Environmental Consulting for the treatment of hexavalent chromium utilizing ferrous iron reduction coagulation filtration (RCF) and/or strong-base anion exchange at two well treatment plants and two individual well sites.
WWE developed filtration and chemical feed system sizing, assisted with site layouts, conceptual level cost estimates, and evaluated backwash waste alternatives based on hard and soft cost analysis. WWE drafted a procurement specification for the pre-purchase of the treatment system so the design and construction could be performed.
Eastern Municipal Water District – Plant 134 GAC Improvements Project – Highland, CA (Design/Build) Mr.
Borgic performed project management duties in the design and engineering construction management duties for the project. The purpose of the project was to reduce disinfection byproduct (DBP) precursors in the form of total organic carbon (TOC) from the treated water post-membrane treatment prior to disinfection. To accomplish this, a new 4-mgd side-stream granular activated carbon (GAC) system was designed and constructed at the existing WTP, in addition to access improvements to facilitate the large carbon delivery vehicles.
Golden State Water Company – Southwest Well Improvements Project – Torrance, CA (Design-Build) Mr. Borgic was the Project Manager on this design-build project which included the design and construction of treatment facilities to address water quality concerns at four different wellsites (7 wells total): 129th St, Belhaven, Southern, and Doty. The new treatment facilities include: chlorine contact tanks, pyrolusite media filtration systems, filter backwash tanks, dissolved oxygen augmentation, and chemical feed improvements.
Cal Water – Dominguez 215/216 Improvements Project – Carson, CA (Design) Mr. Borgic performed project management duties in the design for the Dominguez 215/216 Project. The purpose of the project is to centralize treatment of two existing drinking water wells and improve water quality in the system. The project includes the following improvements: piping and control valves to centralize treatment, baffled chlorine contact pressure vessels, liquid oxygen storage and feed system, and chemical feed system improvements. The new treatment facilities will be rated for 2,700-gpm. The project will also include flow control and pressure sustaining valves, to allow for the finished water to be split between two distributions systems.
Education
M.S. – Civil/Environmental Eng.
University of CA, Davis (2007)
B.S. - Civil Engineering,
CA State University, Chico (2004)
B.S. – Mechanical Engineering,
CA State University, Chico (2004)
Years of
Experience
17 years with
the firm / 20
years total
Registration
Registered Civil
Engineer
California - C73792
Certified QSP
Memberships
CWEA
AWWA
ANDREW BORGIC, P.E.
Project Manager
Item 12.
ANDREW BORGIC, P.E.
2 Cal Water – Dominguez 272 Well Improvements Project – Compton, CA (Design) Mr. Borgic performed project management duties in the design for the Dominguez 272 Project. The purpose of the Project is to address water quality concerns in the system including: color and odor; methane; hydrogen sulfide; and low dissolved oxygen in the system water. The Project included the design of the following improvements at the existing wellsite: well pump, air stripper system for methane and hydrogen sulfide removal, booster pumps, chlorine contact tank, and chemical feed system.
California Water Service - Dominguez Well 275 Treatment Facilities Project – Carson, CA (Study/Design/CM) Mr. Borgic provided preliminary engineering analysis, design, and services during construction to bring Well 275- 01 back into operation while meeting CWS’s water quality goals including color, odor, sulfide and methane removal from the groundwater and the reduction of total trihalomethanes in the finished water. Mr. Borgic performed a cost/performance analysis for a range of treatment options that would meet or exceed their project goals. The facility improvements at Well 275-01 (800-gpm) utilizes the following process train: basket strainers, air stripping, gas scrubbers, booster pumps, ion exchange and disinfection through chloramination.
California Water Service - Dominguez Well 294 Treatment Facilities Project – Long Beach, CA (Study/Design/CM) Mr. Borgic provided preliminary engineering analysis, design, and services during construction to bring Well 294- 01 back into operation while meeting CWS’s water quality goals including color, odor, sulfide and methane removal from the groundwater and the reduction of total trihalomethanes in the finished water. Mr. Borgic performed a cost/performance analysis for a range of treatment options that would meet or exceed their project goals. The facility improvements at Well 294-01 (1,200-gpm) utilizes the following process train: basket strainers, air stripping, gas scrubbers, booster pumps, ion exchange and disinfection through chloramination.
Golden State Water Company Southern Well No. 6 Manganese Treatment Gardena, CA (Design/Build) Mr.
Borgic was the Project Manager for the planning, design of a new Mn Treatment Facility that includes, 1,000 gpm ATEC Pressure Filter System, 40,000-gallon Backwash Tank, New aqueous ammonia and fluoride injection point and 110-gpm Decant Pump Station (Backwash recycle).
City of Pomona – Chino Basin VOC Plant Project – Pomona, CA (Design-Build) Mr. Borgic oversaw the mechanical piping, structural improvements, and site civil design for the installation of three (3) dual 12-ft diameter GAC, skid mounted adsorption systems at three separate well sites for the removal of TCE, PCE and 1,1-DCE. Each adsorption system is run in lead-lag operation with a design flowrate of 1,100-gpm.
City of Torrance North Well Field Project Phase III Design Build Project – Torrance, CA (Design-Build) Mr. Borgic was the Project Manager on this design-build project in which the City is expanding its groundwater pumping, storage and treatment capacity to obtain the City’s full groundwater allotment and provide sufficient reserve capacity to participate in conjunctive use and enable additional groundwater extractions during a drought or emergency. The project includes demolition of an existing well, storage tank and chemical system, and construction of two new wells, a 2.5-MG prestressed concrete tank (mostly buried), Utility Building with booster pumps, chemical storage and feed systems, office and lab space, electrical room, restroom, and associated site improvements.
City of Oceanside – Robert A. Weese Water Filtration Plant, Chemical Facilities Upgrades Design-Build Project – Vista, CA (Design-Build) Mr. Borgic served as the Engineering Project Manager and Project Quality Manager for the replacement and upgrade of 7 chemical feed systems at the 25-mgd surface water treatment facility. The design-build project includes the design, permitting, construction, and start-up of the following chemical feed systems, aluminum sulfate, aqueous ammonia, sodium hydroxide, sodium hypochlorite, sulfuric acid, anionic polymer, and cationic polymer. Each chemical facility includes the design and construction of the chemical truck delivery system, chemical tanks, secondary containment, feed pumps, and the associated piping, valves, and control
Item 12.
Mr. Durbin is a Project Engineer with over 23 years of experience in civil and environmental engineering. He specializes in ground and surface water quality and water treatment plant design and optimization. Mr. Durbin has acted in a number of water quality studies and assisted in the designs of numerous large Coagulation Filtration and Adsorption Arsenic treatment facilities.
Representative Project Experience
• Indio Water Authority - Hexavalent Chromium Treatment Concept Development and Conceptual Design – Indio, CA (Project Engineer) Mr. Durbin provided preliminary design services in collaboration with Corona Environmental Consulting for the treatment of hexavalent chromium utilizing ferrous iron reduction coagulation filtration (RCF) and/or strong-base anion exchange at two well treatment plants and two individual well sites. Mr. Durbin developed filtration and chemical feed system sizing, assisted with site layouts, conceptual level cost estimates, and evaluated backwash waste alternatives based on hard and soft cost analysis. Mr. Durbin drafted a procurement specification for the pre-purchase of the treatment system so the design and construction could be performed.
• Engineering Services for Design and Construction of Municipal Water Supply Wells Arsenic Reduction Facilities, Lathrop, CA (Project Engineer) Mr. Durbin, as project engineer, designed arsenic treatment processes for six of the City’s drinking water wells. As part of this project, we prepared an Engineering Report as a requirement of the Safe Drinking Water State Revolving Fund (SDWSRF) application. Our team recommended coagulation filtration at a centralized facility to treat five of the impacted wells for a total flow of 6,250 gpm (9 MGD). Conducted detailed analyses of design alternatives to determine the most optimal facility configuration including pH adjustment with CO2 carbonic acid feed and aeration for CO2 stripping, finished water equalization and booster pumping, and residuals handling equipment including a filter press to facilitate virtually 100% recycle of water through the treatment system. The arsenic treatment equipment was procured through a supplier pre-selection contract that was ultimately pre-purchased and provided to the general contractor for installation.
• Engineering Services for Design of the Arsenic Mitigation Project Water Treatment Facility, Keyes Community Services Water District, CA (Project Engineer) Mr. Durbin, as project engineer, designed arsenic treatment processes for Districts drinking water wells. As part of this project, we prepared an Engineering Report as a requirement of the Safe Drinking Water State Revolving Fund (SDWSRF) application. Our team recommended coagulation filtration at a centralized facility to treat the four impacted wells. Conducted detailed analyses of design alternatives to determine the most optimal facility configuration including piping, finished water equalization and booster pumping, and residuals handling equipment including a filter press to facilitate virtually 100% recycle of water through the treatment system. The arsenic treatment equipment was procured through a supplier pre-selection contract that was ultimately pre-purchased and provided to the general contractor for installation. • Arizona American Water, Paradise Valley Arsenic Removal Facility (Project Engineer) Arizona American Water (Currently EPCOR) owns and operates the water system serving portions of the Town of Paradise Valley and the City of Scottsdale. Water is supplied from a total of seven wells located throughout the service area. Due to the wells’ naturally occurring arsenic levels, treatment is required to ensure that arsenic concentrations in the finished water will be consistently below the pending MCL. • The Paradise Valley Arsenic Removal Facility (PVARF) has been designed and constructed under the design-build process by the design-build team with DL Norton. This facility consolidates water from multiple well sources and treats the water using a coagulation-filtration process in a split stream mode of operation to produce a blended water quality containing not more than 8 µg/L of arsenic with full solids handling.
Education
B.S. - Civil Engineering,
Arizona State University (2000)
Years of
Experience
9 years with the
firm/ 23 years total
Registration
Registered Civil
Engineer:
Arizona - 43538
Memberships
AWWA
AZ Water
Herb Durbin, PE
Project Engineer
Item 12.
Rachel MacLean, PE
1 Ms. MacLean has gained experience in drinking water design projects, including pipeline and groundwater treatment plant projects. Typical duties have included development of design specifications, cost-estimate preparation, preliminary design development and reporting, chemical feed and storage facility sizing, stormwater and LID design, and construction submittal reviews.
Representative Project Experience
Indio Water Authority - Hexavalent Chromium Treatment Concept Development and Conceptual Design – Indio, CA (Design)
Ms. MacLean is providing preliminary design services in collaboration with Corona Environmental Consulting for the treatment of hexavalent chromium utilizing ferrous iron reduction coagulation filtration (RCF) and/or strong-base anion exchange at two well treatment plants and two individual well sites. Ms.
MacLean has developed site layouts, conceptual level cost estimates, and has evaluated backwash waste alternatives based on hard and soft cost analysis.
Cal Water - Per-and Polyfluoroalkyl Substances (PFAS) Treatment Evaluation – Visalia & Bakersfield, CA (Design)
Ms. MacLean provided preliminary design services in collaboration with Corona Environmental Consulting for the PFAS treatment of three groundwater wells. The project included the evaluation of treatment alternatives for the removal of PFAS in three wells ranging in flow from 600-1,350-gpm. Ms. MacLean evaluated treatment alternatives based on hard and soft cost analysis for non-regenerable strong base anion exchange and granular activated carbon. She developed site layouts for each treatment alternative at each site and developed conceptual level capital and operations & maintenance cost estimates.
Cal Water - Dominguez Well 215-216 Well Improvements– Carson, CA (Design) Ms. MacLean provided engineering design support for the Dominguez Well 215-216 Well Improvement project. The purpose of the project is to centralize treatment of two existing drinking water wells and improve water quality in the system. The project includes the following improvements: piping and control valve to centralize treatment, baffled chlorine contact pressure vessels, liquid oxygen storage and feed system, chemical feed improvements. The new treatment facility will be rated for 2,700-gpm.
City of Torrance – Design-Build North Torrance Well Field Project (NTWFP) – Torrance, CA (Design-Build) Ms. MacLean is providing engineering support services to the design-build contractor, Pacific Hydrotech, for the NTWFP, which includes three 3,000-gpm wells (one existing), 2.5-MG prestressed concrete tank, chemical feed systems, 10,000-gallon hydropneumatics tank and a 9,000-gpm booster pump station. Ms.
MacLean has developed a test plan and is overseeing testing for hydrogen sulfide removal from the tank.
She is also developing conceptual design for manganese removal using greensand filtration.
Education
M.S. – Chemical Engineer,
University of Idaho (2017)
B.S. - Chemical Engineering,
University of Idaho (2015)
B.S. – Chemistry,
University of Idaho (2015)
Years of
Experience
2 years with
the firm/ 5
years total
Registration
Registered Civil
California - 95839
Memberships
AWWA
Rachel MacLean, PE
Staff Engineer
Item 12.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve recommended adjustments to the Community Field Use Program.
STAFF RECOMMENDATION:
Approve recommended adjustments to the Community Field Use Program.
EXECUTIVE SUMMARY:
In 2011, facility user fees were adopted and implemented. Since 2011, lighted field use has required users to obtain a facility field use permit and pay the corresponding facility field use and field lighting rates. In response to Council requests community field use options were evaluated by staff. In 2017, City Council approved a Community Field Use Program be established for Fridays at all Bagdouma Park and Saturdays and Rancho Las Flores Park sports fields from dusk to 10pm.
In 2020, the Community Field Use Program was approved as follows:
- Bagdouma Park
o Mondays, Wednesdays, Fridays, Saturdays
- Rancho Las Flores Park
o Tuesdays, Wednesdays, Thursdays, Saturdays
In 2017 and 2020 when this program was established it was created to provide free field lighting to league and non-league teams; none of the established Community Field Use days resulted in conflicts to any field use by leagues. At the October 2023 Parks and Recreation Commission Meeting both soccer leagues identified that the Community Field Use schedule is restricting league play for youth and adult games.
On November 20, 2023, at the request of both soccer leagues (CVSL and CYSAS) city staff meet with the community group members and leadership from both soccer leagues to discuss amendments to the existing Community Field Use Schedule. The primary concerns discussed during this meeting are listed below:
Item 13.
- Community Field Use Days were originally created when field use and lights were provided based on a fee; these were requested originally to provide practice days for the community without a fee. The use has now changed as no fees are charged to anyone for field or field light use. - Currently, both leagues are reporting that travel teams (most of which charge youth for team entry) are reserving much of the available community field use days. Thus, the community field use days are not being used by the community as much as it is by organized travel teams that are also members of both soccer leagues.
- CVSL is reporting the current community field use days at RLF are not allowing them to schedule youth games as youth games need to be scheduled in the early evening and CVSL only has Mondays for those games (Tuesday, Wednesday and Thursday are Community days at RLF).These concerns were also discussed at the following meetings: February 14, 2024, February 28, 2024 and April 15, 2024 Study Session.
To resolve the noted concerns, below are the recommended amendments to the Community Field Use Program days which were agreeable to all parties present at the Study Session on April 15, 2024:
1. Community days after 8:15pm field uses would revert to MOU use from 8:15pm-10:30pm at both RLF and Bagdouma.
2. Fridays, field 4, at Bagdouma Park revert to MOU use.
3. Saturdays at RLF Park and Bagdouma Park be MOU use.
Bagdouma Park
Mondays – Comm Day
MOU use after 8:15pm
MOU fields F3 & F4
Tuesdays - MOU
Wednesdays – Comm Day
MOU use after 8:15pm
MOU fields F3 & F4
Thursdays - MOU
Fridays – Comm Day
MOU use after 8:15pm
MOU Field 4
Saturdays - MOU
Sundays - MOU
Rancho Las Flores Park
Mondays - MOU
Tuesdays – Comm Day
MOU use after 8:15pm
Wednesdays – Comm Day
MOu use after 8:15pm
Thursdays – Comm Day
MOU use after 8:15pm
Fridays - MOU
Saturdays - MOU
Sundays - MOU
Staff supports the above edits identified to the Community Field Use Program.
FISCAL IMPACT:
None.
Item 13.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Execution of the Twelfth Amended Memorandum of Understanding between the City of Coachella and Sports Leagues.
STAFF RECOMMENDATION:
Execution of the Twelfth Amended Memorandum of Understanding between the City of Coachella and Sports Leagues.
BACKGROUND:
Since 2007, the City has entered into a Memorandum of Understanding (MOU) with the local nonprofit sports leagues for use of park facilities. The MOU identifies the following per league use information pertaining to Bagdouma Park and Rancho Las Flores Park: league season (months of the year available), days of use during the identified league season and area of the park available to the league use during their identified season.
DISCUSSION/ANALYSIS:
Based on feedback and direction provided to staff at the February 28th City Council Meeting and April 15th Study Session, staff is presenting the attached Amendment No. 12 to the Memorandum of Understanding (MOU) with the Sport Leagues for approval. Below are the two edits reflected in the attached twelfth Amendment:
- Edits to Section 2.2 of the MOU moving facility use of Bagdouma Park Field 4 to Coachella Valley Soccer League (CVSL) during the months of January – May 31. - Edits to Section 2.3 of the MOU removing facility use of Bagdouma Park Field 4 from Coachella Sports Youth Association Soccer (CYSAS).
FISCAL IMPACT:
Recommended action will not have a fiscal impact.
Attachments: MOU Twelfth Amendment (Proposed)
Item 14.
1 TWELFTH AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF COACHELLA AND THE SPORTS LEAGUES
This Memorandum of Understanding (hereinafter “MOU”) is made on May xx, 2024, by and between the City of Coachella, a California municipal corporation organized and existing under the laws of the State of California (hereinafter, “City”), Coachella Youth Baseball & Softball Association (hereinafter “CYBSA”), Coachella Valley Soccer League (“CVSL”), Coachella Youth Sports Association – Soccer (hereafter “CYSA-S”) and Coachella Little Arabs Youth Football (hereinafter “CLAYF”), hereinafter also referred to individually as a “Party” or jointly as “Parties.”
RECITALS
WHEREAS, the City of Coachella is a California municipal corporation organized and existing under the laws of the State of California, which provides various park facilities to its community including: Bagdouma Park, and Rancho Las Flores Park (referred to hereinafter collectively as “Parks”);
WHEREAS, CYBSA is a youth sports league operating its baseball and softball sports leagues within the City of Coachella, specifically using Bagdouma Park during their sports season which runs from February 1 to May 31, of each year for their practices, games, tournaments, programs and related baseball activities;
WHEREAS, CVSL is a youth and adult soccer sports league operating its sports leagues within the City of Coachella, specifically using Rancho Las Flores Park, from November 1 to July 31, during part of their sports season for their practices, games, tournaments, programs and related soccer activities;
WHEREAS, CYSA-S is a youth and adult soccer sports league operating its sports leagues within the City of Coachella, specifically using Bagdouma Park, from November 1 to July 31, during part of their sports season for their practices, games, tournaments, programs and related soccer activities;
WHEREAS, CLAYF is a youth football and cheerleading sports league operating its sports league within the City of Coachella, specifically using Bagdouma Park during its sports season which runs from July 20 to November 30, of each year for its practices, games, tournaments, programs and related football activities;
Item 14.
2 WHEREAS, the past use of Parks by CYBSA, CVSL, CYSA-S, and CLAYF (collectively, “Sports Leagues”) have had concerns regarding which sports league has access to certain areas of the Parks;
WHEREAS, the City is interested in resolving these use and access conflicts between the Sports Leagues by entering into this MOU with the Sports Leagues using City facilities to established a mutually agreeable schedule and understanding; WHEREAS, since the Sports Leagues also charge fees for the public to join their respective sports leagues which use the Parks, the Sports Leagues have agreed to have and maintain their 501(c)(3) non-profit corporate status as of the date of this MOU and for the term of this MOU;
WHEREAS, the Sports Leagues have reached a mutual understanding that will grant the Sports Leagues access to certain mutually agreeable sections of Bagdouma Park, and/or Rancho Las Flores during their respective sports seasons under the terms of this MOU; and
WHEREAS, each Sports League must: 1) apply for a facility use permit for sports season use, 2) request an invoice from the City for the individual sport league’s season use fees, 3) pay/commit to a payment plan for the corresponding use fees, 4) obtain an approved facility use permit prior to being permitted field use for the season, as is allowed for by the terms of this MOU; and
WHEREAS, the Sports Leagues must submit a separate facility use permit request and obtain an approved facility use permit for any and all uses not authorized by the terms of this MOU;
WHEREAS, by entering into this MOU the City, CYBSA, CVSL, CYSA-S, and CLAYF will strengthen their relationship to provide services to the public upon a mutual understanding.
NOW, THEREFORE, the City, CYBSA, CVSL, CYSA-S, and CLAYF mutually understand and agree as follows:
1. General. The foregoing recitals are true and correct and all exhibits referred to hereinafter are hereby incorporated into and made a part of this MOU.
Item 14.
3 2. Access to City Park Areas by Sports Leagues. The below sections describe park access areas per league. For permitted use of these areas each league must obtain an approved Facility Use Permit for sport season play annually. All non-sport season play must be permitted separately from season league play per a separate Facility Use Permit.
2.1. CYBSA shall have access to the areas of Bagdouma Park described as area A and B in Exhibit 1 attached hereto and incorporated herein by this reference, from February 1 to May 31, of each year. The permitted access shall be as reflected in the issued annual/monthly Facility Use Permit .
2.2. CVSL shall have access to the areas of Rancho Las Flores Park described as areas C1, C2 and C3 in Exhibit 2 and area C3 in Exhibit 1, as permitted by the issued annual/monthly Facility Use Permit. The available uses of these areas during season play are as follows:
1) September 18 to November 19 : Exhibit 2 areas C1, C2 and C3; 2) January 10 to May 31: Exhibit 2 areas C1, C2, C3 and Exhibit 1 area C3; 3) June 1 to July 31: Exhibit 2 area C1, C2 and C3;
4) August 1 – October 31; Exhibit 1 area D (Bagdouma Field 4 ) only Mondays, Wednesdays and Sundays.
2.3. CYSA-S shall have access to the areas of Bagdouma Park described as areas C in Exhibit 1 and as reflected in the issued annual/monthly Facility Use Permit.
The available uses of these areas during season play are as follows:
1) September 18 to November 19 : Exhibit 1 areas C;
2) January 10 to May 31: Exhibit 1 areas C and C3;
3) June 1 to July 31: Exhibit 1 areas C;
4) August 1 – October 31; Exhibit 1 area D (Bagdouma Field 4) only Tuesdays, Thursdays and Saturdays.
2.4. CLAYF shall have access to the area of Bagdouma Park described as area C3 in Exhibit 1 attached hereto and incorporated herein by this reference, from July 20 to November 30, of each year. The permitted access shall be as reflected in the issued annual/monthly Facility Use Permit .
2.5. At all other times and dates not described in Subparagraphs 2.1,
2.2, 2.3, 2.4, and 2.5 above, the areas identified as in Exhibit 1 - 2 as “A”, “B”, “C”, “C1”, “C2” and “C3” (hereinafter “League Areas”) shall be available and open to be used and accessed by other parties and the general public. Moreover, when the League Areas are
Item 14.
4 not being used by the respective Sports Leagues during their sports season, other parties and the general public shall have use and access to the League Areas.
2.6. None of the use and access rights granted to the respective Sports Leagues in Subparagraphs 2.1, 2.2, 2.3, 2.4, and 2.5 shall abrogate and deny the City’s ability to use and access the League Areas for any and all purposes, in the City’s sole and absolute discretion, which may include but are not limited for maintenance purposes, for special events, to respond to emergencies, to make improvements to the League Areas, reseed the grass at least twice annually each year in the League Areas, and to carry out other municipal and local responsibilities and duties of the City. When the City exercises its absolute and sole use and access rights described herein, the City will use all reasonable efforts to provide advance notice of its use of the League Areas and to minimize the disturbance and inconvenience this may cause the Sports Leagues.
2.7. Non-Season Play. All non-season play must be permitted separately from season league play per a separate facility use permit. No Sport League can obtain facility use permits for non-season play if it will result in issuance of permitted facility use exceeding a nine month period. Sport League facility use cannot exceed nine months between January 1st and December 31st of each calendar year; total facility use is the combined sport season play and non-sport season play per calendar year. All nonseason play requests will be evaluated individually and approved only if they can be accommodated without impacts to field conditions and existing season play field areas as identified in Section 2 of this MOU.
3. Access to the Snack Bar by Sports Leagues. For permitted use of the snack bars each league must obtain an approved facility use permit as allowed by Chapter 12.32 of the Municipal Code.
4. Non-Profit: 501(c)(3). To be eligible for use of and access to the League Areas, the Sports Leagues have agreed to have a 501(c)(3) status for their respective league organization, as named in the MOU and as currently identified by their respective 501(c)(3) number and Employment Identification Number, and to maintain that 501(c)(3) status active and current. Should the Sports League 501(c)(3) status not be in current standing (such as but not limited to: inactive, suspended or delinquent), the City will issue the Sports League a written Notice of Violation. The Sports League will have 180 days from the status to an active and current standing (as verifiable by public state and federal websites). Should the Sports Leagues not return its 501(c)(3) status to a current status by
Item 14.
5 day 181 from the date of the Notice of Violation the Sports League’s Facility Use Permit and facility access will be revoked until corrected.
5. General Liability Insurance and Business License. The sports league shall be required to submit a City of Coachella Business License and a proof of General Liability insurance prior to the start of the season, in the amount of $1,000,000 reflecting the City of Coachella and its officials as additional insured with respect to the use of the City facilities (Bagdouma Park and/or Rancho Las Flores Park). Without receipt of this submittal a Facility Use Permit will not be issued, delaying facility access until provided.
6. Record Keeping.
6.1 The following documents must be provided to the City thirty (30) days prior to the commencement of the sports season in order to ensure no delays are experienced in permitting sport season play: copy of the league bylaws, submit form identifying its board members, file form identifying: when, where and how often the sport league holds its regular meetings, copy of the league’s current 501c3 status and original issuance, current insurance documents providing the coverage referenced in Section 5. A facility use permit will not be issued without the above noted documents. If the documents are not provided to the City thirty (30) days prior to the commencement of the sports season the Sports League may experience up to a thirty (30) day delay in obtaining the required Facility Use Permit for facility access.
6.2 Forty-five (45) days after the start of the sports season each Sport League must provide the City the following information: number and names of all teams registered with the Sports League; name and city of residency and age of each registered player listed per team. If the documents are not provided to the City within the forty-five (45) days the Sport League may experience up to a thirty (30) day delay in obtaining the required Facility Use Permit for facility access.
6.3 Staff must be invited to any and all Sport League elections and be provided at least twelve (12) calendar days’ notice of such an election via certified mail.
6.4 The Sports Leagues shall keep and maintain during the term of this MOU, in accordance with generally accepted accounting principles, complete books of accounts and accounting records (collectively, the “Books and Records”) of all league enrollment fees, purchases and receipts of merchandise, food, beverage, inventories and
Item 14.
6 all sales and other transactions from which the Sports Leagues’ receipts and charges are or can be determined.
6.5 The Sports Leagues shall record all transactions, at the time each transaction is made, whether for cash or credit.
6.6 The Sports Leagues shall retain the Books and Records during the term of this MOU and for a period of at least four (4) years after the end of each calendar year thereof.
6.7 The Sports League shall present an annual End of the Year Report to the Parks and Recreation Commission.
7. User Fees. The Sports Leagues must pay the approved user fees for their use of City facilities. All uses must be permitted and codified per an issued Facility Use Permit.
7.1 All Facility Use Permits will reflect the total sports season use costs.
Each Sports League will have the option to 1) pay all fees prior to the start of its sports season 2) pay fees on a month to month basis or 3) establish up to three payment installments in order to pay the complete amount owed for use of the City facilities during its sports season (the last installment payment cannot be scheduled later than thirty-one (31) days before the end of the sports season).
Should the Sports League lapse in any one of its arranged payment installments a Notice of Correction will be issued and the Sports League will be provided fourteen (14) days to pay the agreed payment otherwise the Sports League’s Facility Use Permit will be revoked until the full payment due is made.
8. Financial Audit. The Books and Records shall, upon five (5) business days’ prior written notice to the Sports Leagues, be open for inspection by City, its auditors or other authorized representatives.
8.1 The Sports Leagues shall be audited by a third party financial firm selected and paid for by the City of Coachella bi-annually. Prior to the audit the Sports League will provide written notification of all documents requested to complete the financial audit; the Sports League will be provided 30 days to produce requested documents. Should the documents requested not be produced within the 30 days
Item 14.
7 provided facility access will be revoked until corrected. The final audit documents will be posted on the City website.
8.2 All members of Sport League boards must attend the annual 501c3 training provided by the City.
8.3 All Sport Leagues must obtain a Financial Audit score of C or higher and each Sport League’s Financial Audit score much improve each year.
9. Code of Conduct. The City of Coachella Municipal Code Chapter 12.32 establishes Park Use Regulations. Sports League representative must at all times ensure their actions do not conflict with the Activities and Conduct Prohibited in City Parks.
Violations will result in restricting the violator from accessing the park. If violations are recurring the restriction period can extend to the entire Sports League Season. Extended restriction periods will result in a written Notice of Violation to be issued by the City of Coachella Public Works Director.
10. Term. This MOU shall be effective as of March 15, 2024, and shall continue in effect until June 30, 2025, unless earlier terminated as provided herein. This MOU shall be automatically renewed from year to year on July 1st, unless either Party gives notice to the other Parties, on or before May 1 of each year, of its intent not to renew this MOU.
11. Termination of Agreement.
11.1 Grounds for Termination. City may, by written notice to Sports Leagues, terminate this Agreement at any time for violations of the City’s Municipal Code Chapter 12 Park Use Regulations and may terminate this Agreement without cause by giving written notice to Sports Leagues of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.
12. Notice. Notices under this MOU shall be given in writing, by personal delivery, or first class mail, addressed to:
For CYBSA: For CYSA–S:
President, Coachella Youth President, Coachella Youth
Baseball & Softball Association Sports Association - Soccer P.O. Box 1296 P.O. Box 1323
Coachella, CA 92236 Coachella, CA 92236
Item 14.
8 For CLAYF
President, Coachella Little
Arabs Youth Football
P.O. Box 1109
Coachella, CA 92236
For City of Coachella: For CVSL:
City Manager President
53-990 Enterprise Way 51544 Cesar Chavez St. Suite 1H
Coachella, CA 92236 Coachella, CA 92236
13. Amendments. To the extent that either of the Parties believes that the MOU should be amended, the Parties agree to negotiate on such amendments in good faith in order to further the objectives of this MOU.
14. Complete and Final Agreement. This MOU contains the entire understanding of the Parties hereto with respect to the subject matter contained herein, and represents the complete and final expression of the Parties and supersedes any prior written or oral discussion, negotiation, understandings or agreements between the Parties.
15. Successors and Assigns; Transfer or Sale. No interest in this MOU shall be sold, assigned, pledged or alienated in any manner without the written consent of the other Parties. This MOU shall be binding on and shall inure to the benefit of the Parties hereto and their respective successor and permitted assigns. Permitted and access to the aforementioned City facilities (Park and Snack Bar Use) is provided to the Sports Leagues by the City and cannot be transferred/given by the Sports Leagues to any other entity.
16. No Third Party Beneficiaries. This MOU is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms and understandings.
17. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same document.
Item 14.
9 18. New Party Requirements. No Sport League can be eligible to be added as a party to the Agreement unless: 1) less than two organizations are providing one of three youth sports (soccer, baseball/softball, football); 2) Sport League applicant must have at least three consecutive years in operation 3) Sport League applicant can provide the following documents for three consecutive years: active and current 501c3 status, 1023 documents, Registered with Franchise State Tax Board documents, Registered as a State Charity, financial documents including general ledger of all transactions for the same three years, applicant can provide all Financial Audit documents and obtain a score of C or better by the City assigned third party auditor.
WHEREFORE, IN WITNESS THEREOF, the City, CYBSA, CVSL, CYSA-S, CVRYFA, and CLAYF hereby execute and enter into this Memorandum of Understanding with the intent to be bound thereby through their authorized representatives whose signatures are affixed below.
CITY OF COACHELLA:
By: ____________________________
Gabriel D. Martin, Ph.D, City Manager
ATTEST:
By: ____________________________
Angela M. Zepeda, City Clerk
Approved as to form:
By: ____________________________
Carlos Campos, City Attorney
COACHELLA YOUTH BASEBALL
AND SOFTBALL ASSOCIATION
By: ____________________________
Juan Rodriguez, President
COACHELLA VALLEY SOCCER
LEAGUE
By: ____________________________
Manuel Montaño, President
COACHELLA YOUTH SPORTS
ASSOCIATION SOCCER
By: ____________________________
Alma Aceves, President
COACHELLA LITTLE ARABS
YOUTH FOOTBALL
By: __________________________
Mario Gallo, President
Item 14.
10 EXHIBIT 1 – BAGDOUMA PARK
Item 14.
11 EXHIBIT 2 – RANCHO LAS FLORES PARK
Item 14.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Amendment No. 2 to West Coast Arborists increasing compensation by $50,000 for installation of trees at Bagdouma Park and approve allocation from undesignated general fund reserves for these services.
STAFF RECOMMENDATION:
Approve Amendment No. 2 to West Coast Arborists increasing compensation by $50,000 for installation of trees at Bagdouma Park and approve allocation from undesignated general fund reserves for these services.
EXECUTIVE SUMMARY:
Bagdouma Park experienced impacts to its tree forest after the 2023 Hurricane Hilary Tropical Storm. To return the park to pre-storm conditions and also remove/replace trees that are struggling staff has identified over one hundred trees that are required at this park; a park that spans almost 50 acres. The tree replacements are recommended to be twenty-four inch box tree sizes to ensure the tree plantings are successful and provide shade to the park in a shorter window of time than if fifteen gallon trees were planted.
To proceed with this work staff is requesting approval of the attached Amendment No. 2 with West Coast Arborist increasing the awarded compensation by $50,000.
FISCAL IMPACT:
The recommended action will have a financial impact. Staff is requesting approval of an allocation of $50,000 from undesignated general fund reserves to the park maintenance division to allow for completion of these tasks.
Attachments:
Proposed Amendment No. 2
Item 15.
1 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
Amendment No. 2 to the Maintenance Services Agreement
Between the City of Coachella
and
West Coast Arborist, Inc (WCA)
1. Parties And Date.
This Amendment No. 2 to the Maintenance Services Agreement ("Amendment No.2 ") is made and entered into this 24t h day of April, 2024 by and between the City of Coachella ("City") and West Coast Arborist, Inc., ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.2.
2. Recitals.
2.1 Agreement. City and Contractor entered into that certain Agreement for Citywide Tree Trimming Maintenance Services Agreement Project 050922 ("Agreement"), entered into on June 22, 2022.
2.2 Amendment. City and Contractor desire to amend the Agreement for the second time to amend the term of the Agreement as set forth in this Amendment No. 2.
3. Amendments.
3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Nine Hundred Thousand Eighty Two Dollars and Zero Cents ($982,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.2.
3.4 Counterparts. This Amendment No.2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
Item 15.
2 ORANGE\CCAMPOS\34530. 1 BBK: MARCH 2007
IN WITNESS WHEREOF, the parties have executed this Amendment.No.2 as of the date first written above.
THE CITY OF COACHELLA WEST COAST ARBORIST INC
By: _________________________ By:__________________________ Gabriel D. Martin, PhD
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney
Item 15.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Amendment No. 2 to Vintage Landscape to allow for repair of retention basin at Rancho Las Flores Park, increasing compensation of agreement by an additional $65,000 and allocating this amount from undesignated general fund reserves.
STAFF RECOMMENDATION:
Approve Amendment No. 2 to Vintage Landscape to allow for repair of retention basin at Rancho Las Flores Park, increasing compensation of agreement by an additional $65,000 and allocating this amount from undesignated general fund reserves.
EXECUTIVE SUMMARY:
Rancho Las Flores Park incurred significant damages resulting from Hurricane Hilary, on August 20, 2023. These damages include: erosion, hardscape replacement, playground area mulch replacement, irrigation repairs, plant/tree replacement, and shade structure damages. The majority of these damages were addressed in the months directly following the event.
One retention basin that was not prioritized on the onset because it is located in the undeveloped portion of the park, however it does need rehabilitation and serves as the runoff point for the developed portion of the park. Staff is requesting authorization to execute the attached Amendment No. 2 to the Landscape Maintenance Services for: Rancho Las Flores Park Project 052022, to increase total compensation by $65,000. The additional compensation will address the erosion repairs for the remaining basin location.
FISCAL IMPACT:
The recommended action will have a financial impact, the funds identified for this work will be undesignated general fund reserves. Additionally, staff is still moving forward in collaboration with County/ State/FEMA for recovery of these funds.
Attachments: Proposed Amendment No. 2
Item 16.
1 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
Amendment No. 2 to the Maintenance Services Agreement
Between the City of Coachella
and
Vintage Landscape Project No. 052022
2. Parties And Date.
This Amendment No. 2 to the Maintenance Services Agreement ("Amendment No.2 ") is made and entered into this 24th day of April, 2024 by and between the City of Coachella ("City") and Vintage Landscape, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.2.
2. Recitals.
2.2 Agreement. City and Contractor entered into that certain Agreement for Landscape Maintenance Service for Rancho Las Flores Park ("Agreement"), entered into on July 13, 2022.
2.2 Amendment. City and Contractor desire to amend the Agreement for the second time to amend the term of the Agreement as set forth in this Amendment No. 2.
3. Amendments.
3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three-hundred seventy-two thousand four hundred ten dollars and zero cents ($372,410.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Exhibit C. Exhibit C are hereby deleted and replaced with a revised Exhibit C attached hereto.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.2.
Item 16.
2 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
3.5 Counterparts. This Amendment No.2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment.No. 2 as of the date first written above.
THE CITY OF COACHELLA VINTAGE LANDSCAPE
By: _____________________________
_____________________________ By:__________________________ Dr. Gabriel D. Martin
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney
Item 16.
3 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
EXHIBIT “C”
COMPENSATION
Original Agreement
o Total Per Month = $5,247.00
o Total Annually = $62,964.00
o Not to exceed amount total = total 2 year term plus 25% contingency $157,410.00
o Any additional work requested will be as provided by the Contractor in the response to RFP for Project 052022.
Per Amendment 1 (in addition to above compensation amounts) o Additional $150,000 compensation to allow for repairs incurred to RLF Park due to Hurricane Hilary
o Total Compensation NTE = $307,410.00 ($157,410 + $150,000) Per Amendment 2
o Additional $65,000 compensation for erosion repair of basin o Total Compensation NTE = $372,410.00 ($157,410+150,000+65,000)
Item 16.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve Amendment No. 1 for $45,000, to Vintage Landscape to allow for Bagdouma Park improvements including: rehabilitation of irrigation lines, plant replacement, and retention basin repair due to erosion; approve allocating $45,000 from undesignated general fund reserves.
STAFF RECOMMENDATION:
Approve Amendment No. 1 for $45,000, to Vintage Landscape to allow for Bagdouma Park improvements including: rehabilitation of irrigation lines, plant replacement, and retention basin repair due to erosion; approve allocating $45,000 from undesignated general fund reserves.
EXECUTIVE SUMMARY:
Staff is recommending award of Amendment No. 1 to Vintage Landscape to address erosion repairs, irrigation upgrades and plant replacement. Bagdouma Park incurred erosion damages to its northeast retention basin from Hurricane Hilary, on August 20, 2023 and the recommended Amendment would address the needed repairs. Additionally, this park has not had upgrades to its irrigation lines since the early 2,000s; staff is recommending updating the spaghetti tubing irrigation near the walking trail by the baseball fields to pvc irrigation lines and install over 100 plants throughout the park. The recommended Amendment No. 1 will increase the compensation of the Vintage Agreement by $45,000.
FISCAL IMPACT:
The recommended action will have a financial impact, staff requests the allocation of $45,000 from undesignated general fund reserves. Additionally, staff is moving forward in collaboration with County/ State/FEMA for recovery of these funds.
Attachments: Proposed Amendment No. 1
Item 17.
1 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
Amendment No. 1 to the Maintenance Services Agreement
Between the City of Coachella
and
Vintage Landscape Project No. 031623
2. Parties And Date.
This Amendment No. 1 to the Maintenance Services Agreement ("Amendment No.1 ") is made and entered into this 24th day of April, 2024 by and between the City of Coachella ("City") and Vintage Landscape, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment No.1.
2. Recitals.
2.2 Agreement. City and Contractor entered into that certain Agreement for Landscape Maintenance Service for Bagdouma Park ("Agreement"), entered into on May 10, 2023.
2.2 Amendment. City and Contractor desire to amend the Agreement for the second time to amend the term of the Agreement as set forth in this Amendment No. 1.
3. Amendments.
3.1. Compensation. Section 3.3.1, of the Agreement are hereby deleted in their entirety and replaced with the following:
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed four-hundred twenty-six thousand dollars and zero cents ($426,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Exhibit C. Exhibit C are hereby deleted and replaced with a revised Exhibit C attached hereto.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No.1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No.1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1.
Item 17.
2 ORANGE\CCAMPOS\34530. 2 BBK: MARCH 2007
3.5 Counterparts. This Amendment No.1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment.No. 1 as of the date first written above.
THE CITY OF COACHELLA VINTAGE LANDSCAPE
By: __________________________
By:__________________________
Dr. Gabriel D. Martin
City Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Carlos Campos, City Attorney
Item 17.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize award of a Professional Services Agreement with Southwest Protective Services, Inc. for Security Guard Services Project No. 081221, for $300,000.
STAFF RECOMMENDATION:
Authorize award of a Professional Services Agreement with Southwest Protective Services, Inc. for Security Guard Services Project No. 081221, for $300,000.
EXECUTIVE SUMMARY:
The City has contracted for security guard services since 2016 to deter acts of vandalism at various city facilities.
- City Parks; The contracted services would include locking all park restrooms every night, a total of eleven (11), and patrolling twelve (12) city facilities between 10pm to 6am every night.
- City Facilities (Library/Senior Center); The selected firm will continue to provide security guard services Monday–Friday at the Coachella Library, Coachella Senior Center and Water Department (as needed).
- LLMD; Patrol services will also continue to include evening patrols from 8pm–4am, Thursday–Sunday, to the following LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36.
A request for proposals (RFP) for security guard services was published on August 12, 2021 for Project No. 081221. On October 27, 2021, the City Council authorized award to the highest scoring proposer, Southwest Protective Services. The RFP allows the City to award up to four one-year terms. Staff is recommending the award of a third one-year term to the existing firm, Southwest Protective Services.
As allowed by the RFP the new term hourly rate can be adjusted based on the corresponding Consumer Price Index reported for Riverside County, which reflects a 2.9% increase. Thus, the hourly rate for officer patrol with vehicle will increase from $29.68 per hour to $30.54 per hour and the hourly rate for officer only (no vehicle) will increase from $24.90 per hour to $25.62.
Item 18.
Staff is recommending award of a professional services agreement to Southwest Protective Services, Inc., in the amount not to exceed $300,000 during a one-year term, for the various services identified.
FISCAL IMPACT:
The recommended action will not have a fiscal impact as these funds were budgeted for in the submitted 2023/2024 fiscal budget.
Attachment:
Proposed Agreement
Item 18.
- 1 - (BB&K: February 2006)
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT 081221- 3
1. PARTIES AND DATE.
This Agreement is made and entered into this 24th day of April, 2024, by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Southwest Protective Services, Inc, a corporation with its principal place of business at 404 West Heil Avenue, El Centro, CA 92243. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Security Guard Services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.3 Project. City desires to engage Consultant to render such services for the Security Guard Services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Security Guard Services consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2023 to November 30, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. City alone (not the Consultant) shall have the option to extend the term of this Agreement for three (3) successive one (1) year periods (individually, “Subsequent Term” and collectively, “Subsequent Terms”) on the same terms and conditions as set forth in this Agreement
Item 18.
- 2 - (BB&K: February 2006)
(including, without limitation, the rates set forth in the Compensation Schedule attached hereto as Exhibit “C” and incorporated by reference herein); provided however, that the amount of the total compensation, including authorized reimbursements, for any Services rendered in any Subsequent term(s) (if such Subsequent Term(s) is desired by City), shall not exceed the amount required to be appropriated by City, in its sole and absolute discretion. Such extension(s) shall be made by City providing written notice to Consultant. Consultant shall complete the Services within the applicable Term of the Agreement, and shall meet any other established schedules and deadlines as may be set by City staff on an on-call and as-needed basis from time to time.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. 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 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, City shall respond to Consultant’s submittals in a timely manner. Upon request of 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 City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. 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: Jason Jackson.
Item 18.
- 3 - (BB&K: February 2006)
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). 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 Jason Jackson, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his 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 City staff in the performance of Services and shall be available to 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 subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors 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 subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 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 regulations in connection with 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 officials, directors, officers, employees and agents free and harmless,
Item 18.
- 4 - (BB&K: February 2006)
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 the Services 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 subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor 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 subcontractors.
Consultant shall also require all of its subcontractors 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: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, 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 One Million Dollars ($1,000,000) per accident for bodily injury or disease.
3.2.10.3 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 insureds with respect to the Services 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
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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 Employers 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.
3.2.10.4 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.
3.2.10.5 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, 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.
3.2.10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
3.2.10.7 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
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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.
3.2.11 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 life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, 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” attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (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 City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work, which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment
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of prevailing wage rates and the performance of other requirements on certain “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 One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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 City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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3.5.2 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:
City
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez, PW
Director
Consultant
Southwest Protective Services, Inc.
45-100 Golf Center Parkway, Suite E
Indio, CA 92201
Attn: Jason Jackson, President
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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 City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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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 Attorney’s 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 attorney’s fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages 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 City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, 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 not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
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
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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.
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 work days. All references to Consultant include all personnel, employees, agents, and subcontractors 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. 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 subcontractor, 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
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or termination. Consultant shall also comply with all relevant provisions of any City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 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.
[SIGNATURES ON FOLLOWING PAGE.]
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City of Coachella
By:
Dr. Gabriel D. Martin,
City Manager
Southwest Protective Services, Inc.
By:
Jason Jackson
President
Attest:
By:
City Clerk
Approved as to Form:
****Approved Form****
Best Best & Krieger LLP
City Attorney
Item 18.
EXHIBIT A
EXHIBIT “A”
SCOPE OF SERVICES
SPECIFICATIONS
1. General – The Vendor shall:
1.1 Have at least five (5) years of consecutive experience in the security guard/screening industry under the current company name, and must have experience in multi - government agency facility protection.
1.2 Agree and ensure that security personnel fully perform their duties in accordance with City imposed policies, procedures, and conditions for continued service at this account.
1.3 All assigned security personnel must pass a comprehensive pre-employment background/reference check. Vendor to absorb costs associated with such background/reference checks. The following are grounds for rejection for providing services to the City:
1.3.1 Any felony conviction.
1.3.2 Any conviction for a substance abuse (felony or misdemeanor).
1.3.3 Any misdemeanor conviction of a crime of violence.
1.3.4 Any misdemeanor conviction for theft or moral turpitude.
1.3.5 Any gang affiliation.
1.3.6 Any excessive record of arrests with few or no convictions.
1.3.7 Any current or pending criminal investigation in which the applicant is a suspect.
1.4 Ensure that security personnel possess the following minimum physical and mental capabilities:
1.4.1 Sufficient color perception to distinguish primary colors (red, blue, and yellow).
1.4.2 Ability to use both eyes with far vision correctable to 20/40 and near vision correctable to 13-16 inches.
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EXHIBIT A
1.4.3 Average hearing loss not in excess of 20 decibels (dB) and frequencies from 500 – 3000 cycles per second (cps). Use of a hearing aid is acceptable, as long as the device is in good working order and is in operation during the hours the security officer is on duty.
1.4.4 The full range of use of fingers, both hands, and both legs; the ability for rapid mental and muscular coordination simultaneously; and the ability to climb a ladder and perform other similar activities.
1.5 Ensure that security personnel have normal concern for their own physical safety and shall take reasonable precautions not to place themselves in situations that would encourage violence or jeopardize the safety of other persons in the area.
1.6 Ensure the conduct and behavior of security personnel are beyond reproach.
Security personnel are to be polite, cooperative, and able to work in harmony with one another, visitors, and with other City of Coachella employees.
1.7 Ensure that security personnel respond to subpoenas pertaining to any City account.
1.8 Schedule security coverage for vacations, holidays, unscheduled absences, and/or other unplanned occurrences. Any costs (including overtime) associated with scheduling vacations, holidays, and absences are the responsibility of the vendor.
These costs must be included in the billing rate.
1.9 Immediately transfer/remove security personnel from the account at the City’s request. This includes the assigned Account Manager representing the Vendor.
1.10 Ensure that security personnel are fully aware of the political sensitivities that exist in a municipal government.
1.11 Provide strict key control policies for any and all government keys and key cards.
Keys issued to the successful vendor are not to be duplicated. Should the successful vendor lose a set of keys, or should it be shown that duplication of the keys by the successful vendor has wrongfully occurred, the successful vendor must reimburse the City of Seattle for the actual cost of re-keying all locks, doors, and gates to the facility up to a maximum amount of $100,000.
1.12 Have a ready source of qualified individuals to perform the function and administer the employee selection and scheduling, billing, and administrative functions of the contract.
1.13 Maintain a reserve of immediately available alternates in the event a scheduled individual, because of illness or other reason, becomes unavailable to perform the functions of the position, so that no position is ever uncovered.
Item 18.
EXHIBIT A
1.14 Ensure that security personnel have photo identification and attach it properly to their uniforms in a readily visible manner.
1.15 Ensure that security personnel give undivided attention to their duties and given responsibilities. Long, unnecessary conversations with other individuals shall be avoided.
1.16 Ensure that security personnel do not read, write, or study while on duty—except as may be required in connection with their duties and responsibilities.
1.17 Ensure that security personnel do not smoke or use other forms of tobacco products while on the job. These products are not allowed on City property.
1.18 Ensure that security personnel do not read unauthorized material, eat, or groom while in public view. Ensure that security personnel do not wear headphones, smoke, conduct personal calls, or bring visitors onto the work site.
1.19 Ensure that security personnel are equipped with the necessary equipment and supplies to properly perform his or her duties.
1.20 Ensure that security personnel are not permitted to provide themselves with unauthorized personal equipment (e.g., firearms, chemical agents, knives, etc.).
1.21 Ensure that security personnel neither use nor have in their possession intoxicants and/or controlled substances on or near the job site. The odor of intoxicants and/or controlled substances on our about the vendor’s security and supervisory personnel shall cause the vendor to immediately remove the individual(s) from the job site.
1.22 Provide services as described. After three (3) failures by the vendor to comply with the terms of the contract within a contract year, the contract will be subject to immediate termination.
1.23 Ensure that security personnel comply with the duties and responsibilities as outlined in these specifications.
1.24 Ensure that all scheduling information is provided in military time (24-hour scale).
1.25 Agree and ensure that security personnel may be required to perform other duties as assigned on a permanent or temporary basis—regardless of the job description.
1.26 Ensure prompt replacement of security personnel in the event of illness or emergency.
1.27 Within ten (10) working dates after receiving notice that the Contract has been terminated, and as a condition of final invoice payment by the City to the Vendor,
Item 18.
EXHIBIT A
the Vendor shall provide a list of all employees that are providing such services to the City buildings and facilities, including the name, address, phone number, date of hire, and employment classification of each covered employee.
1.28 Ensure that security personnel keep their clothing neat, clean, and well pressed at all times. Uniforms shall not have rips, tears, visible repairs, missing buttons, excessive tightness, or bagginess.
1.29 Ensure security personnel is equipped with a patrol vehicle that is in good condition, clearly marked, has security lights and global positioning system that is made accessible to City.
2. Scope of Work – Vendor Shall:
Vendor shall designate an Account Manager who shall coordinate all issues relating to this contract, staffing, performance, etc., and will be the point of contact for the City. Vendor shall not replace the Account Manager unless prior written notice is given to and approved by the City
Provide dispatch center services for all afterhours alarm calls 7 days a week, 365 days a year.
Provide three patrols of the following locations seven days a week, 365 days a year, between the hours of 2000 hours – 0600 hours:
Bagdouma Park (six bathroom facilities)
a. 84599 Avenue 52, Coachella.
Dateland Park (one bathroom facility)
a. 51805 Shady Lane, Coachella
Veterans Park (one bathroom facility)
a. 1515 6th Street, Coachella
Sierra Vista Park (one bathroom facility)
a. 50570 Calle Mendoza, Coachella
Rancho De Oro Park (one bathroom facility)
a. 84600 Avenue 50, Coachella
Rancho Las Flores Park (one bathroom facility)
a. 48-400 Van Buren Street, Coachella
City Hall
a. 1515 Sixth Street, Coachella
Corporate Yard
a. 53462 Enterprise Way, Coachella
Coachella Civic Center
a. 53990 Enterprise Way, Coachella
Sr. Center
Item 18.
EXHIBIT A
a. 1540 7th Street, Coachella
Coachella Library
a. Sixth Street, Coachella
Provide patrols of the following locations weekly Thursdays-Sundays, 365 days a year, between the hours of 1800 hours – 0400 hours:
LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36
a. Maps are attached as Appendix B.
Provide security guard only (non patrol services) for the following city facilities to ensure no loitering in or around city facilities.
Senior Center
City Library
Vendor/Contractor shall develop a set of Post Orders documenting both general procedures as well as site-specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City’s representative within thirty (30) days from commencement of services to the City.
Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols. During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with. Park sites shall be completed first each night to allow locking and securing of all park restrooms every evening as close to 10pm as possible. Confirmation that the assigned patrols were performed using barcode scanning checkpoints/GPS.
Provide each security officer with specialized training relating to the security requirements of this account.
The vendor must ensure the stability of its workforce. Submit personnel qualification summaries on all personnel proposed to be assigned to the City account. The personnel qualification summaries shall outline (in detail) the training and experience qualifications of each security officer (and account manager) proposed for use under the contract. Resumes must be for key personnel / positions only. For security officers, include all training that they are required to have for the company (including State of California private security officer license).
Item 18.
EXHIBIT A
Ensure that security personnel remain awake and alert at all times. The vendor shall take appropriate disciplinary action in the event a security officer is found asleep (or appears to be asleep) while on duty.
2.9 Ensure that security personnel document any security incidents on incident report forms and provide electronic copies to the City. These forms should be used to document any damages noted including graffiti at any of the City facilities. Submit reports with appropriate documentation of all situations which are considered security breaches, incidents, and/or system failures.
3.0 Maintain security records for access logs, incident reports (along with police reports) for a minimum of three (3) years after the end of the calendar year. Daily logs shall be held for a minimum of one (1) year after the end of the calendar year.
The Account Manager must develop and implement a paperwork management program.
3. Rate Increases:
Prior to each contract anniversary date thereafter, the Vendor may submit a price increase request, but in no case more frequently than once per year.
The Vendor is to demonstrate:
Increases are within the changes to the CPI Index for Riverside County; Clearly identify the items and/or job titles impacted by the increase; Provide documentation acceptable to the City to warrant the increase; And agree that contract prices shall remain firm for a minimum of 365 days after affecting the requested increase.
The request shall be considered and may be accepted or rejected. Failure to submit a price request at least 45-days prior to the contract anniversary date, shall result in a continuation of all existing pricing on the contract until the next contract anniversary date. The decision to accept any price increase will be at the sole discretion of the City.
4. On-Call Security Service: When the City requests service, there is an expectation that service will be provided, and in a very short time depending on the amount of coverage.
13.1 “On-call” services may consist of, but not be limited to, the following:
--- Fire watches
--- After hours meetings
--- Substation watches.
--- Special security watch due to threats.
--- Natural disasters.
--- Civil disturbances.
--- Event staff.
Item 18.
EXHIBIT A
--- Political events.
--- Protests.
--- Vehicle patrols.
--- Foot patrols.
--- Traffic Control Services.
--- General (standard service).
Item 18.
EXHIBIT B
EXHIBIT “B”
SCHEDULE OF SERVICES
Provide two-three patrols of the following locations seven days a week, 365 days a year, between the hours of 10pm – 6am:
Bagdouma Park (six bathroom facilities)
a. 84599 Avenue 52, Coachella.
Dateland Park (one bathroom facility)
a. 51805 Shady Lane, Coachella
Veterans Park (one bathroom facility)
a. 1515 6th Street, Coachella
Sierra Vista Park (one bathroom facility)
a. 50570 Calle Mendoza, Coachella
Rancho De Oro Park (one bathroom facility)
a. 84600 Avenue 50, Coachella
Rancho Las Flores Park (one bathroom facility)
a. 48-400 Van Buren Street, Coachella
City Hall
a. 1515 Sixth Street, Coachella
Corporate Yard
a. 53462 Enterprise Way, Coachella
Coachella Permit Center
a. 53990 Enterprise Way, Coachella
Senior Center
a. 1540 7th Street, Coachella
Coachella Library
a. 1500 Sixth Street, Coachella
Cesar Chavez & 6th Street Park
a. Cesar Chavez & Sixth Street
Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols.
During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with.
Park sites shall be completed first each night to allow locking and securing of all park restrooms every evening as close to 10pm as possible.
Provide patrols of the following locations weekly Thursdays-Sundays, 365 days a year, between the hours of 1800 hours – 0400 hours:
LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36
Provide security guard only (no vehicle patrol) for the following city facilities to ensure no loitering in or around city facilities.
Senior Center
City Library
Item 18.
EXHIBIT C
EXHIBIT “C”
COMPENSATION
Facility Patrol Services (no vehicle); Library, Senior Center Security Guard Services Hourly Rate: $25.62
Annual Not to Exceed Amount: $125,000.00
Park and LLMD Patrol Services (with vehicle)
Security Guard Services Hourly Rate: $30.54
Annual Not to Exceed Amount: $175,000.00
Total Agreement Award Not to Exceed $300,000.00
Item 18.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize the City Manager to execute a professional services agreement with Equitable Cities LLC for $35,000 and authorize appropriation for undesignated general fund reserves in the amount of $35,000.
STAFF RECOMMENDATION:
Authorize the City Manager to execute a professional services agreement with Equitable Cities LLC for $35,000 and authorize appropriation for undesignated general fund reserves in the amount of $35,000.
EXECUTIVE SUMMARY:
City Council action established a Social Equity and Public Safety Subcommittee. A contract was originally executed with Equitable Cities LLC to lead the Subcommittee agendas and discussions.
The contracted amount was $24,900, however due to the delays in obtaining memberships interested in serving on the Adhoc Subcommittee this contract was not billed against and the term expired.
Staff is recommending approval of the attached professional services agreement with Equitable Cities LLC, which would replace the original agreement and expands scope to address the public safety topics the subcommittee name was amended to include. The total compensation of the agreement is not to exceed $35,000. Staff is anticipating the first meeting with the subcommittee members in June and second meeting in July.
The feedback compiled from Social Equity and Public Safety Subcommittee will help guide the City Council in the development of a City of Coachella Racial Equity Framework and Action Plan, which will be a valuable tool as the City Council considers alternatives to public safety service structures.
FINANCIAL IMPACT:
The recommended action does require an appropriation of undesignated general reserve funds, in the amount of $35,000.
Attachments: Professional Services Agreement with Equitable Cities LLC
Item 19.
- 1 - (BB&K: February 2006)
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 24th day of April, 2024, by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 (“City”) and Equitable Cities LLC, a corporation with its principal place of business at 10 Windsor Ct, Somerset, New Jersey 08873. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Equity, Social Justice and Racial Equity Action Plans to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.3 Project. City desires to engage Consultant to render such services for the Special Committee on Equity and Social Justice and Racial Equity Early Action Plan Project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Social Equity Consultant Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 15, 2023 to December 15, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Consultant shall complete the Services within the applicable Term of the Agreement, and shall meet any other established schedules and deadlines as may be set by City staff on an oncall and as-needed basis from time to time.
Item 19.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. 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 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, City shall respond to Consultant’s submittals in a timely manner. Upon request of 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 City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. 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: Charles Brown.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). 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 Charles Brown, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent
Item 19.
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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 City staff in the performance of Services and shall be available to 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 subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors 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 subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 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 regulations in connection with 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 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 the Services 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 subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.