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
May 08, 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 May 08, 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 Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)(e)(1) One (1) Potential Case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Coachella v. City of Indio, et al.,
Riverside County Superior Court, Case No. CVRI 2401130
RECONVENE REGULAR MEETING: - 6:00 P.M.
PLEDGE OF ALLEGIANCE:
CLOSED SESSION ANNOUNCEMENTS:
PROCLAMATIONS/PRESENTATIONS/DIRECTION:
3. Fibromyalgia Awareness Month
4. Lupus Awareness Month
5. Proclamation for Building Safety Month
6. Women Rising Inaugural Rebozo Festival Presentation
7. Zero Emission Rideshare Program by the The LEAP Institute
8. Building Division Updates
9. National Public Works Week
10. Community Preparedness and Resiliency Meeting Update WRITTEN COMMUNICATIONS:
CONSENT CALENDAR:
Agenda City Council Closed Session and Regular Meeting May 08, 2024
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member or member of the audience.)
11. Regular Meeting Minutes of April 24, 2024, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation Foundation
12. Department Quarterly Reports
13. Investment Report – February 29, 2024
14. Voucher Listing- EFT's/Utility Billing Refunds/FY 2023-2024 Expenditures as of May 8, 2024, $1,596,829.86
15. Authorization to file a Notice of Completion for Homesite Demolition of 50020 Kenmore Street and 50021 Balboa Street for the Avenue 50 Widening Project, City Project No. ST-93.
16. Construction Contract with ATP General Engineering Contractors in the amount of $1,816,225.00 plus 10% Contingency and Authorize Appropriation of $1,231,705.50 from Fund 101 (General Fund) for the Construction of Buena Vista and Pueblos at Avalar & Navarra Pavement Rehabilitation Project, City Project No.ST-118
17. Approve an Additional Segment for the Commercial Corridor Façade Improvement Grant Program Along Sixth Street Between Cesar Chavez Street and Grapefruit Boulevard to Beautify and Revitalize Additional Commercial Properties in the Pueblo Viejo Downtown District
18. Adopt Resolution No. 2024-16 Authorizing the City Manager to Submit an Application to the U.S.
Department of Transportation for the FY 2025-2026 Multimodal Project Discretionary Grant Opportunity Under the National Infrastructure Project Assistance Grants Program in the Amount of $43,692,800
19. Authorize the City of Coachella to Sponsor The Clown Family Entertainment’s Dia Del Niño Event in the Amount of $1,000
20. Authorize the City Manager to execute Professional Services Agreements with LSA for On-Call Professional Planning Consultant Services
21. Authorize the City Manager to execute Professional Services Agreements with DeAztlan Consulting for On-Call Professional Consultant Services and Community Outreach Services of Existing Coachella Sphere of Influence.
22. Authorize the City Manager to execute Professional Services Agreements with DTA for On-Call Professional Planning Consultant Services and task order for Fiscal Analysis of Existing Coachella Sphere of Influence.
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):
Agenda City Council Closed Session and Regular Meeting May 08, 2024
23. Encanto Project Change of Zone No. 24-01, Tentative Tract Map No 38429, Conditional Use Permit No. 376, Architectural Review No. 22-11, Environmental Assessment No. 22-04 a Proposal to Subdivide 19.2 acres into 111 Single Family lots with a Minimum lot Size of 4,500 Square Feet with Seven Single Family Residential Production Model Homes Located West of Van Buren Street, Between Avenue 51 and Avenue 52, APN 779-360-001; Applicant: Joseph Rivani, Global Investment and Development PUBLIC COMMENTS (NON-AGENDA ITEMS):
The public may address the City Council/Board/Corporation/ Authority on any item of interest to the public that is not on the agenda but is in the subject matter jurisdiction thereof. Please limit your comments to three (3) minutes.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
City Manager’s Comments.
ADJOURNMENT:
Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES
WHEREAS, Fibromyalgia is a complex chronic illness which causes fatigue, cognitive problems, and debilitating pain in women, men, and children of all ages and races; and WHEREAS, over 4 million people in the United States—2 to 4 percent of the population and millions of people worldwide—have been diagnosed with Fibromyalgia, a disease for which there is no known cure; and
WHEREAS, Fibromyalgia often takes an average of three to five years to receive a diagnosis; and
WHEREAS, existing public information, medical education, research, and resources to properly serve patient communities remain inadequately disseminated and are insufficient in addressing the needs of specific diverse populations and other underserved groups; and WHEREAS, Fibromyalgia is present in children and young adults which poses unique challenges for this population who not only struggle with the symptoms of this illness, but also from the lack of understanding and lack of social acceptance; and WHEREAS, increased public awareness, education and research are the key to winning the battle against Fibromyalgia; and
NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby proclaim May 2024 as Fibromyalgia Awareness Month
and urge all citizens of the City of Coachella to increase awareness and understanding of fibromyalgia in our community.
IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 8
th day of
May 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 3.
WHEREAS, Systemic Lupus Erythematosus, commonly known as lupus, is a chronic, complex, and often life-threating autoimmune disease; that randomly attacks the body’s own tissues, vital organs and joints; and
WHEREAS, it is estimated that there are over 322,000 to 1.5 million people with lupus in the United States and there are an estimated 16,000 new cases each year. Lupus mostly strikes women of childbearing age. However, men, children and teenagers develop lupus, too; and WHEREAS, increasing public awareness and focusing on public attention on lupus and its devastating impact on patients’ lives will provide hope for a better future for those affected; and
WHEREAS, Lupus is one of the most difficult diseases to diagnose because its symptoms come and go, mimic other diseases, and there is no single test that can definitively identify the illness, early diagnosis and proper treatments are critical to the improvement of the quality of life and survival rate of people with Lupus, there is no known cause or cure for lupus; and WHEREAS, Looms for Lupus works to raise awareness of the signs and symptoms of lupus and to promote education, research, social support, and quality medical care for our citizens who live with, or care for someone who struggles with this disease; and NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby recognize May 2024 as Lupus Awareness Month
and urge all citizens of the City of Coachella to increase awareness and understanding of lupus in our community.
IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 8
th day of
May 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 4.
WHEREAS, the City of Coachella is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike, and; WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry—who work yearround to ensure the safe construction of buildings, and; WHEREAS,these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highestquality codes to protect us in the buildings where we live, learn, work and play, and; WHEREAS, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and; WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety—our local code officials—who assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and; WHEREAS, “Mission Possible,” the theme for Building Safety Month 2024, encourages us all to raise awareness about building safety on a personal, local and global scale, and; WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.
NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in me, do hereby declare the month of May 2024 as
Building Safety Month
and urge all citizens of the City of Coachella to join in the celebration.
IN WITNESS HEREOF, I have hereunto set my hand
and caused the official seal of the City of Coachella,
California to be affixed this 8
th day of May 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 5.
Women Rising:
Inaugural
Rebozo Festival
Item 6.
Mission
To recognize and honor women in the community for their work and accomplishments
To foster community and solidarity by sharing our stories To provide an opportunity to network
Item 6.
Open Ceremony
Danza Azteca Citlatonac
Item 6.
Speakers
Karina Andalon
Patricia Cardenas Ylescas
Rosa Martha Zárate Macias
Item 6.
Our Models
Item 6.
Mariachi Alma de Coachella
Item 6.
Impact
Learned about the history of the rebozo
Enjoyed the modeling of the rebozo
Accomplishments of the women honored
Gathering of women and community
Invested in women
Item 6.
Economic
Impact
California has the greatest number of
women-owned business
Women and Girls make up 50% of the
population in California
When women succeed, our economy thrives
and our communities flourish
The Report on the Status of Women and Girls in
California 2024 by Center for the Advancement of
Women, Mount Saint Mary’s University.
Item 6.
Thank You
for investing and
being part of
Women Rising
Item 6.
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of Coachella; and
WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the City of Coachella to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now; and RESOLVED, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, do hereby designate the week May 19–25, 2024, as National Public Works Week. I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.
National Public Works Week
IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 8
th day of
May 2024.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California
Item 9.
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 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.
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
CALL TO ORDER: - 5:00 P.M.
Mayor Pro Tem Virgen called the City Council Closed Session and Regular Meeting of the City of Coachella to order at 5:03 p.m.
ROLL CALL:
Present: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen City Clerk Zepeda, and City Treasurer Aviles via Zoom
Absent: Councilman Delgado and Mayor Hernandez
Mayor Pro Tem Virgen announced that Councilwoman Delgado and Mayor Hernandez are at Sacramento attending a Strategic Council Meeting.
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” City Attorney Campos requested the addition of a closed session item, Conference with Real Property Negotiations, Real Property:52156 Tripoli Way, Coachella, Agency Negotiator: City Manager and City Attorney, Negotiating Parties: Rights Angels Inv., Inc., Under Negotiation: Price and Term. A unanimous vote is required to add the item.
Motion: To approve the addition of the Closed Session item Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Virgen
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado and Mayor Hernandez
City Manager Martin requested moving item #28 to the front of New Business.
City Manager Martin and City Attorney Campos received an email from Councilmember Delgado requesting postponement of items #25, #28 and #29 to the next meeting.
Motion: To approve moving item 28 in between items 22 and 23 to start the New Business Calendar and to keep the rest of the agenda as is.
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
Made by: Councilmember Galarza
Seconded by: Mayor Pro Tem Virgen
Approved: 2-1 vote
AYES: Mayor Pro Tem Virgen and Councilmember Galarza
NOES: Councilmember Dr. Figueroa
ABSTAIN: None
ABSENT: Mayor, Hernandez, Councilman Delgado
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.
PLEDGE OF ALLEGIANCE:
City Clerk Zepeda lead the Pledge of Allegiance
CLOSED SESSION ANNOUNCEMENTS:
No reportable action taken.
PROCLAMATIONS/PRESENTATIONS/DIRECTION:
2. F-33 Library Annex Project Update
3. Pavement Management Program Update
4. Harvey Milk Proclamation
Councilmember Galarza stepped away 6:36 pm - 6:38 pm.
WRITTEN COMMUNICATIONS:
Eight emails were received in reference to items #13 & #14 and were emailed to City Council and City Clerk on April 23 and 24, 2024:
Blanca & Felipe Ramirez emailed comment 4/24/2024 at
Lilly Castaneda emailed comment 4/24/2024 at 12:21 pm
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
Elizabeth Vargas emailed comment 4/23/2024 at 2:11 pm
Maria Lupe Torres-Hilario emailed comment 4/23/2024 at 2:15 pm Eunice Gutierrez emailed comment 4/23/2024 at 2:04 pm
Claudia Hernandez emailed comment 4/24/2024 at 12:26 pm Esmeralda D Torres emailed comment 4/24/2024 at 1:46 pm Jessica Bautista emailed comment 4/24/2024 8:17 pm
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
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
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
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 Reserves
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
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 Councilmember Dr. Figueroa requested pulling item #12 and commented on this item.
In-person speakers on the item #13 and #14: Alma Aceves, Raul Vargas, and Jorge Sanchez.
Motion: To approve the Consent Calendar as presented.
Made by: Councilmember Figueroa
Seconded by: Councilmember Galarza
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado and Mayor Hernandez
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
23. 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)
Motion: To approve adoption of Resolution No. 2024-03
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
Made by: Councilmember Figueroa
Seconded by: Councilmember Galarza
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado and Mayor Hernandez
24. Adopt Resolution No. 2024-12, Approving Mid-Year Budget Adjustments for Fiscal Year 2023-24 Motion: To approve adoption of Resolution No. 2024-12 Approving Mid-Year Budget Adjustments for FY 23-24
Made by: Councilmember Figueroa
Seconded by: Councilmember Galarza
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado and Mayor Hernandez
Public Comments on non-agenized items.
Alicia Nuno, Judianne Simon, Annika Arrieta, Teresa Torres, students from Cal State San Bernardino (Cathelinne Rodriguez, Allison Tucaltl, Aliyah Murrieta, and Carmen Estrada), David Catanzarite from Green Room Theatre.
25. Proposed Chelsea Investment Corporation Sixth Street Senior Apartments Architectural Style Options Direction given; no action taken.
Councilmember Galarza stepped away 8:25 pm - 8:27 pm.
26. Recommend Re-Establishing Park User Fee Schedule
Motion: To charge non-residents fees and keep no-charge fees for Coachella residents Made by: Councilmember Galarza
Seconded by: Councilmember Figueroa
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
ABSENT: Councilmember Delgado and Mayor Hernandez
27. 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.
Motion: To approve staff recommendation
Made by: Councilmember Galarza
Seconded by: Councilmember Figueroa
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado and Mayor Hernandez
28. 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 Motion: To approve adoption of Resolution No. 2024-03
Made by: Councilmember Figueroa
Seconded by: Mayor Pro Tem Virgen
Approved: 3-0, Unanimous roll call vote:
AYES: Councilmember Dr. Figueroa, Councilmember Galarza, and Mayor Pro Tem Virgen NOES: None
ABSTAIN: None
ABSENT: Councilmember Delgado and Mayor Hernandez
29. Adopt Resolution No. 2024-14 Modifying the City of Coachella Educational Reimbursement Program to Include Student Loans Debt Reimbursement
Direction to bring back this item with more information. No action taken.
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.
Item 11.
Minutes City Council Closed Session and Regular Meeting April 24, 2024
With the time being after the 8:00 pm hour and per Resolution No.2019-34, Public Comments were moved up right after item #24 on page 6.
There were no further comments at this time.
REPORTS AND REQUESTS:
Council Comments/Report of Miscellaneous Committees.
City Manager’s Comments.
ADJOURNMENT:
There being no further business to come before the City Council and the Agencies, Pro Tem Virgen adjourned the meeting at 9:31 p.m.
_____________________
Angela Zepeda
City Clerk
Item 11.
CITY OF COACHELLA
53-990 ENTERPRISE WAY
COACHELLA, CA 92236
CODE ENFORCEMENT, ABANDONED VEHICLE
ABATEMENT, GRAFFITI, PARK RANGERS
& ANIMAL CONTROL
QUARTERLY REPORT
Prepared By:
Jessica Navarro & Rene Rosales
January 1, 2024 to
March 31, 2024
Item 12.
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 01/01/2024 To 03/31/2024 From To From To CE Totals
Total Closed Cases Open Cases
Totals 133 59 74
CE Cases by Violation
Violation
Total
Violations
Closed
Violations
Open
Violations
1 1 0
10.08.060 - Working on parked vehicles 4 1 3
10.20.010(18)Abandoned/Inoperable/Dismantled vehicle(s). 12 5 7
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. 8 3 5
12.42.040 - Storage of personal property on public property. 5 3 2
12.50.100 Penalties. (B) Vending without a sidewalk vending permit 0 0 0
13.03.044 Wasting water prohibited. 4 0 4
13.03.208 - Access to water meter. 0 0 0
13.03.306 Expiration or Extension of Permit 0 0 0
15.04.020 (A) Concrete Flat Work, Shades & Storage Containers 4 1 3
15.44.010 Building Numbering/Required 2 1 1
15.60.010 Building Permit Required 18 5 13
15.60.050 - Substandard buildings and housing. 0 0 0
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 0 0 0
17.48.020 Display of merchandised out of doors. 0 0 0
17.54.010 (N)(2) Parking and Storage in Residential Zones. 12 8 4
17.54.010.(N)(3) 0 0 0
17.54.020 - Permitting of certain garage conversions to residential living space ("garage conversions"). 1 0 1
17.56.010(J)(2)(B) - Signs 2 2 0
17.58.010 - Home occupations 0 0 0
17.60.010 (F)(4) Accessory structures 0 0 0
17.60.010 (G) - Trailers Outside Camps 0 0 0
17.60.010 - Property development standards. (Fence) Page 27 0 0 0 Item 12.
17.60.010 Property Development Standards 9D)(3)(a) Yards 0 0 0
17.60.010(3)(e) Development Standards 0 0 0
17.74.010 (D)(3) Conditional Uses 0 0 0
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 0 0 0
3.10.010 (D) (27) Public Burning 1 0 1
3.10.010 (D)(10) Termites, Insects, Vermin or Rodents. 0 0 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 3 3 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. 0 0 0
3.10.010 (D)(23)Public Nuisances/Safety Hazard 11 10 1
3.10.010 (D)(24) Disruptive Activities 11 4 7
3.10.010 (D)(25) Land Use Entitlements. 1 0 1
3.10.010 (D)(3) Weeds 1 0 1
3.10.010 (D)(31) Animal Manure 0 0 0
3.10.010 (D)(36) Signs 0 0 0
3.10.010 (D)(38) - Maintenance and abatement of nuisances. 3 0 3
3.10.010 (D)(4) - Trees and Shrubs 2 2 0
3.10.010 (D)(44)Public Nuisances/Rubbish, Refuse and Dirt 18 9 9
3.10.010 (D)(8) -Maintenance of Private Driveways 0 0 0
3.10.010(35) Water Disp[osal 1 0 1
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
3.10.010(D)(19)-Visual Blight 13 5 8
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
Item 12.
3.10.010(D)(25)-Land Use Entitlements. 0 0 0
3.10.010(D)(27)-Public Burning. 1 0 1
3.10.010(D)(28)-Air Pollution. 0 0 0
3.10.010(D)(29) Mosquito Breeding Places. 0 0 0
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 0 0 0
3.10.010(D)(35)-Water Disposal. 0 0 0
3.10.010(D)(36)-Signs. 1 1 0
3.10.010(D)(37)-Encroachment. 0 0 0
3.10.010(D)(38)-Municipal Code Violations. 2 1 1
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 3 1 2
3.10.010(D)(7) Occupied Vehicles 4 3 1
3.16.090 - Failure to comply with notice of violation. 20 11 9
5.80.100 - Operational requirements and performance standards established. (Short Term Rentals) 0 0 0
7.04.040 - Prohibited noise generally. 4 1 3
8.20.040(C)Dust Control requirements 0 0 0
8.44.010 - Collection by city or agent only. 0 0 0
8.44.070 Commercial Garbage Collection and Disposal 0 0 0
8.48.030 (B)Graffiti Prohibted 2 2 0
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. 0 0 0
8.60.060 - Security requirements 1 1 0
8.64.050 - Vacant Property Maintenance Requirements 0 0 0 Abandoned/Inoperable/Dismantled vehicle(s) 0 0 0
Business License Required 2 0 2
Business Subject to Miscellaneous Tax Rates/Transportation, Trucking and Towing 0 0 0
CFC 10.206(a)-(b) Obstruction 0 0 0
CFC 10.206(b)-Hydrant,(c) Red curb-15' each side 0 0 0
CFC 10.207(1)-Fire Apparatus Access Roads,(a) Red curb on signs 0 0 0
Item 12.
CFC 10.207-Fire Apparatus Access Roads.(b) Obstruction 0 0 0 CFC 10.208(a)-Premises Identification, 0 0 0
CFC 10.301(a)-Fire Extinguishers,(a) Minimum 2A10BC 0 0 0 CFC 10.301(a)-Fire Extinguishers,(e) Commercial kitchen 40BC. 0 0 0 CFC 10.302(a)-Fire Extinguishers,(b) Servicing due 0 0 0 CFC 10.313(b)-Hood and Duct Systems,(b) Proper nozzle position, caps, coverage
1 0 1
CFC 10.313(c)-Hood and Duct Systems,(c) Automatic gas/electric shut off 0 0 0 CFC 10.313(e) 0 0 0
CFC 10.313(e)-Hood and Duct Systems,(d) Fuseable links, cables, conduits 0 0 0 CFC 10.401 0 0 0
CFC 10.401-Walls and Ceilings,(a) Holes sealed 1 0 1
CFC 10.402(a)-Exits,(e) Maintain fire rated doors, windows, dampers, and hardware 0 0 0
CFC 11.201(b)-General Housekeeping,(a) Rubbish/trash buildup 0 0 0 CFC 11.203(b)-General Housekeeping,(d) Storage not within 24" of ceiling 0 0 0 CFC 11.203(c)-General Housekeeping,(g) Storage in boiler, mech., elect. panel rooms prohibited 0 0 0
CFC 11.205(a)-General Housekeeping,(h) Candles used in approved manner 0 0 0 CFC 12.103(a)-Exits,(d) Exit obstruction 0 0 0
CFC 12.106(c)-General Housekeeping,(e) Storage under stairs prohibited 0 0 0 CFC 12.203(a)-Occupant Limit/Sign,(a) Occupant load sign(s) posted 0 0 0 CFC 12.207-General Housekeeping,Storage in attic space prohibited 0 0 0 CFC 13.103-Occupant Limit/Sign,(b) Required NO SMOKING signs 0 0 0 CFC 74.107(a) 0 0 0
CFC 79-201(e)-Flammable Liquids -(a) Approved safety cans under 10 gal. 0 0 0 CFC 79.107-Flammable Liquids,(c) Legible labeling 0 0 0 CFC 79.201(e)-Flammable Liquids,(b) Approved cabinet exceeding 10 gal. 0 0 0 CFC 85.104 (c)-Electrical,(c) Abatement of electrical hazards 3 1 2 CFC 85.104 (f)-Electrical,(f) Cover open space in circuit breaker panel 1 1 0 CFC 85.106-Electrical,(d) Exten. cords not allowed as permanent wiring 1 0 1 CFC 85.107-Electrical,(a) Zip cords/cube adapters not allowed 0 0 0 CFC 85.108-Electrical,(b) Min. 30" clear access to circuit breaker 0 0 0 CFC Stand. No. 10-1-6.9-Fire Extinguishers,(c) Mounted 3-5 feet from floor 1 0 1 CFC Standard No. 10-1-6.5-Fire Extinguishers,(d) Obstruction 0 0 0 Display of merchandise out of Door 0 0 0
Garbage Containers 22 8 14
Illegal Dumping 1 1 0
Illegal, Nonconform. Building or Structure(s) 8 2 6
Manner of Parking /Parallel Parking 0 0 0
Manner of Parking/Angle Parking 0 0 0
Item 12.
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 2 1 1 NFPA 13-4-2.5.1 Automatic Fire Sprinklers Systems,(c) 18" clearance below heads 0 0 0
Parking on yard/off driveway 7 2 5
Parking Requirements/General Provisions 0 0 0
Parking Requirements/Surface of Parking Area 0 0 0
Permit for Outdoor Advertising Signs 1 1 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 0 0 0
Public Nuisances / Animals 6 6 0
Public Nuisances / Attractive Nuisances 12 6 6
Public Nuisances / Fire Hazard 2 0 2
Public Nuisances / Landscaping 14 4 10
Public Nuisances / Trees and Shrubs 5 4 1
Service Stations/Intent and Purpose 0 0 0
Service Stations/Landscaping 1 0 1
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 1 1 0 Special Event/Sales Permit Required 0 0 0
Special Event/Sales Signs 0 0 0
Stopping, Standing and Parking/Public or Private Driveway 0 0 0 Stopping, Standing or Parking/Sidewalk 4 2 2
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 2 0 2
UBC 3304(c)-"This Door To Remain Unlocked During Business Hours" 0 0 0 UBC 3313(b)-(f) Emergency lighting operable 1 0 1
UBC 3314(c)-(b) Illuminated EXIT sign operable 1 0 1
UBC 3315(b)-(c) 44' clear access aisle width to exits 0 0 0 UMC 504(a)-General Housekeeping,(c) 36" clearance around water heater 0 0 0 Weed Abatement 5 1 4
Totals 285 126 159
Item 12.
Abandoned Vehicles AVA 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 01/01/2024 To
03/31/2024 From To From To
AVA Totals
Total Closed Cases Open Cases
Totals 36 35 1
AVA Cases by Violation
Violation Total Violations Closed Violations Open Violations Abandoned Vehicle 38 37 1
Totals 38 37 1
Item 12.
Commercial Center Updates
Smart & Final Compliance
Plaza del Sol On-going
Auto Zone Compliance
Walmart On-going
Family Dollar On-going
Verde Valle Plaza On-going
El Valle Auto On-going
AM/PM On-going
Food 4 Less On-going
KFC On-going
Family Furniture On-going
Victory Liquor/Dollar Tree On-going
CVS Pharmacy On-going
Center for Employment Training On-going
Valley Market On-going
Formerly “Fresh n Easy” On-going
Graffiti Abatement Summary Report
July 1, 2023 to September 30, 2023
Paint Gallons Used 126
Paint Gallons Purchased 101
Graffiti Cover ups 567
Pressure washing Sq. Ft. 3,050 sq ft
Mural Sealant 1
Item 12.
Park Ranger Summary Report
January, 2024 to March 31, 2024
Unsheltered
Contacts:
Park
Vandalism:
Street Sweeper
cites:
Park League
Issues:
Misc. Issues:
Jan 105 2 629 8 0
Feb 98 0 738 5 0
March 85 3 874 4 0
Riverside County Animal Control:
No report received
Item 12.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Ruben Ramirez, Controller
SUBJECT: Investment Report – February 29, 2024
STAFF RECOMMENDATION:
Staff recommends that the City Council receive and file the investment report for February 29th 2024.
EXECUTIVE SUMMARY:
On June 28, 2023, the City of Coachella along with its component units (Sanitary District, Educational & Governmental Access Cable Corporation, Fire Protection District, and Water Authority) approved and adopted the current “Statement of Investment Policy”.
Pursuant to Section 16 of that policy, the City Treasurer shall provide to the City Council a monthly investment report that provides a clear picture of the status of the current investment portfolio.
This report shall include, at a minimum, the following information for each type of investment held in the City’s investment portfolio: the issuer, amount of investment, current market value, yield on investment, income generated from investments, dollar amount invested on all securities, investments, and money held by the local agency; and shall additionally include a description of any of the local agency’s funds, investments, or programs; and a description of unusual investment activity or developments during the month for which the report is prepared. This information shall be provided for all City and component unit pooled investments, as well as for bond accounts, which are managed by outside Fiscal Agents.
The interest rates presented are the most current rates available as of the date of these reports. The market values presented for pooled City investments are based on closing prices for the related investments as of the date of these reports. This information was obtained from the Wall Street Journal or other reliable sources of market prices.
The market values presented for investments managed by fiscal agents are based on amounts reported by the fiscal agents in their investment statements. The purchase date and type of investment are not included for funds held by fiscal agents.
Item 13.
Attached is the Treasurer’s Report of Investments, which includes an overview of investments that provides information on investment activity, withdrawals and deposits, interest earned, payment of interest, and payment of principal as of the months ended February 29, 2024. In addition, this report includes detailed information and current activity on individual investments.
All City investments are in compliance with the guidelines established for Authorized Investments as specified in the Investment Policy, Section 8.
There was no unusual investment activity to report.
The City and Districts have sufficient money to meet their expenditure requirements for the next six months.
FISCAL IMPACT:
None; this report is received and filed only.
Item 13.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 1/31/2024 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 2/29/2024
CASH ON HAND
Wells Fargo-General Checking N/A 6,488,797.94 (976,741.06) - - - 5,512,056.88 Sweep Account 4.966% 10,348,327.03 (206,688.37) 10,141,638.66 Wells Fargo-Road Maintenance N/A 576,248.59 104,054.76 - - 680,303.35 Wells Fargo-Gas Tax N/A 594,877.82 91,424.24 - - - 686,302.06 - Wells Fargo- Payroll Acct N/A (10,386.48) (67,779.89) (78,166.37) Petty Cash N/A 6,000.00 1,000.00 - - - 7,000.00
Total Cash on Hand 18,003,864.90 (1,054,730.32) - - - 16,949,134.58
INVESTMENTS
State of California - LAIF 2.17% 18,712,054.45 - - - 18,712,054.45 Investment Management Acct 1.47% 34,576,397.34 (173,236.37) - - 34,403,160.97 Total Investments 53,288,451.79 - (173,236.37) - - 53,115,215.42
CASH WITH FISCAL AGENT
US Bank varies 4,202,350.39 752,656.71 126.94 - - 4,955,134.04 ① Wells Fargo Bank, N.A. 5.83% 118.97 - 0.50 - - 119.47 ② Wilmington Trust, N. A. 0.03% 1,360,855.21 (197,100.00) 4,574.73 - - 1,168,329.94 ③ Total Cash with Fiscal Agent 5,563,324.57 555,556.71 4,702.17 - - 6,123,583.45 Grand Total 76,855,641.26 (499,173.61) (168,534.20) - - 76,187,933.45 Completed By:
Reviewed By: Ruben Ramirez- Controller
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of February 29, 2024
Fiscal Year 2023-2024
DESCRIPTION
Lourdes Marrón-Accountant
Item 13.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 1/31/2024 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 2/29/2024
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of February 29, 2024
Fiscal Year 2023-2024
DESCRIPTION
CASH WITH FISCAL AGENT
US BANK
COACHELLA FINANCING AUTHORITY
Successor Agency to the Coachella Redevelopments Agency 2014 Series A/C #: 6712104701 Debt Service Fund 0.00% 175.07 (175.07) 0.78 - - 0.78 A/C #: 6712104702 Interest Account 0.00% (0.00) 132,306.25 - - - 132,306.25 A/C #: 6712104703 Principal Account 0.00% (0.00) - - - - (0.00) A/C #: 6712104704 Reserve Account 0.00% 827,612.50 - - - - 827,612.50
COACHELLA SANITARY DISTRICT
WASTEWATER SERIES 2015A
A/C #: 6712148601 Bond Fund 0.00% 66.60 251,020.61 0.30 - - 251,087.51 A/C #: 6712148602 Interest Account 0.00% - - - - - -
A/C #: 6712148603 Principal Account 0.00% - - - - - -
A/C #: 6712148604 Reserve Account 0.00% 310,175.00 - - - - 310,175.00 COACHELLA SANITARY DISTRICT: PROJECT FUND 2011
A/C #: 6711963500 Project Fund 2011 0.0100% 26,939.01 - 119.40 - - 27,058.41
Item 13.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 1/31/2024 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 2/29/2024
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of February 29, 2024
Fiscal Year 2023-2024
DESCRIPTION
COACHELLA SUCCESSOR AGENCY
MERGED PROJECT AREAS BONDS 98 & 99: BONDS 2013
A/C #: 6712071401 Interest Account 0.00% 107.58 (107.58) 0.48 - - 0.48 A/C #: 6712071402 Interest Account 0.00% 0.00 36,231.25 - - - 36,231.25 A/C #: 6712071403 Principal Account 0.00% 0.00 - - - - 0.00 A/C #: 6712071404 Reserve Account 0.00% 406,487.50 - - - - 406,487.50 SA TO COACHELLA RDA REFUNDING BONDS SERIES 2016A & 2016B A/C #: 6712160601 Debt Service 0.00% 639.05 - 2.83 - - 641.88 A/C #: 6712160602 Interest Account 0.00% 0.00 333,381.25 - - - 333,381.25 A/C #: 6712160603 Principal Account 0.00% 0.00 - - - - 0.00 A/C #: 6712160604 Reserve Account 0.00% 2,017,074.78 - - - - 2,017,074.78 COACHELLA LEASE BONDS 2016
A/C #: 6712179801 Payment Account 0.0000% 742.04 - 3.15 - - 745.19 A/C #: 6712179802 Interest Account 0.0000% (0.00) - - - - (0.00) A/C #: 6712179803 Principal Account 0.0000% - - - - - - A/C #: 6712179804 Reserve Account 0.0000% 612,331.26 - - - - 612,331.26 TOTAL US BANK OF CALIFORNIA 4,202,350.39 752,656.71 126.94 - - 4,955,134.04 ①
Item 13.
CURRENT BALANCE AS OF NET: DEPOSITS/ INTEREST EARNED / PAYMENT OF PAYMENT OF BALANCE AS OF YIELD 1/31/2024 (WITHDRAWALS) CHANGE IN VALUE (INTEREST) (PRINCIPAL) 2/29/2024
CITY OF COACHELLA
TREASURER'S REPORT - INVESTMENT REPORT
As of February 29, 2024
Fiscal Year 2023-2024
DESCRIPTION
WELLS FARGO BANK, N.A.
GAS TAX BONDS SERIES 2019
A/C #: 83925300 Debt Service Fund 0.0000% 89.51 - 0.37 - - 89.88 A/C #: 83925301 Interest Account 0.0000% 10.85 - 0.05 - - 10.90 A/C #: 83925302 Principal Account 0.0000% 18.61 0.08 - 18.69 TOTAL WELLS FARGO BANK, N.A. 118.97 - 0.50 - - 119.47 ② WILMINGTON TRUST, N. A.
CITY OF COACHELLA TAXABLE PENSION OBLIGATION BONDS
A/C #: 144613-000 Revenue Account 0.03% 368.76 - 3.44 - - 372.20 A/C #: 144613-001 Interest Account 0.03% 127.33 - 0.57 - - 127.90 A/C #: 144613-002 Principal Account 0.00% 423.38 - 1.74 - 425.12 CITY OF COACHELLA 2022A BOND FUND
A/C #: 154278-000 Bond Fund 1.76% 148.27 4,901.22 19.11 - - 5,068.60 A/C #: 154278-001 Interest Account 0.00% 92,412.60 - (92,412.60) - - A/C #: 154278-002 Principal Account 0.00% - - - - - -
A/C #: 154278-004 Project FD Account 1.76% 1,163,006.99 (4,888.62) 4,553.17 - - 1,162,671.54 CITY OF COACHELLA 2022B BOND FUND
A/C #: 155657-000 Bond Fund 1.76% 22.36 14.28 0.14 - - 36.78 A/C #: 155657-001 Interest Account 0.00% 104,714.28 - - (104,714.28) - - A/C #: 155657-002 Principal Account 0.00% - - - - - -
A/C #: 155657-004 COI Account 0.00% - - - - - -
TOTAL WILMINGTGON TRUST BANK, N.A. 1,360,855.21 26.88 4,574.73 (197,126.88) - 1,168,329.94 ③ TOTAL CASH WITH FISCAL AGENT 5,563,324.57 752,683.59 4,702.17 (197,126.88) - 6,123,583.45
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 01/15/2022 1.125% 01/15/2025
91282CDS7 220,000.00 AA+ Aaa 02/17/22 02/18/22 216,502.34 1.69 312.77 218,946.09 212,575.00
US TREASURY NOTES
DTD 02/17/2015 2.000% 02/15/2025
912828J27 130,000.00 AA+ Aaa 03/02/20 03/04/20 137,205.86 0.85 107.14 131,398.15 126,221.88
US TREASURY NOTES
DTD 03/31/2020 0.500% 03/31/2025
912828ZF0 1,330,000.00 AA+ Aaa 07/05/22 07/07/22 1,248,953.13 2.83 2,779.92 1,297,922.33 1,267,448.50
US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 555,000.00 AA+ Aaa 08/02/21 08/06/21 548,799.61 0.53 3.77 552,713.45 518,664.82
US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 1,500,000.00 AA+ Aaa 07/06/22 07/07/22 1,381,816.41 2.89 10.19 1,443,731.88 1,401,796.80
US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 460,000.00 AA+ Aaa 09/07/21 09/09/21 452,273.44 0.67 480.74 456,986.54 428,518.75
US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 350,000.00 AA+ Aaa 03/01/22 03/01/22 333,361.33 1.59 293.27 342,438.10 325,007.83
US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 410,000.00 AA+ Aaa 10/04/21 10/06/21 401,319.53 0.78 343.54 406,442.53 380,723.46
US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 210,000.00 AA+ Aaa 11/02/21 11/03/21 204,659.77 1.01 197.95 207,706.72 194,807.80
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 190,000.00 AA+ Aaa 04/05/21 04/07/21 185,494.92 0.89 119.40 188,254.25 175,750.00
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 350,000.00 AA+ Aaa 01/11/21 01/12/21 347,867.19 0.50 219.95 349,212.25 323,750.00
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 160,000.00 AA+ Aaa 05/03/22 05/04/22 145,500.00 2.95 49.45 152,569.81 147,524.99
US TREASURY NOTES
DTD 01/31/2019 2.625% 01/31/2026
9128286A3 255,000.00 AA+ Aaa 02/04/21 02/08/21 282,063.87 0.47 551.68 265,435.52 245,596.88
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 270,000.00 AA+ Aaa 02/26/21 02/26/21 264,410.16 0.80 83.45 267,823.07 248,948.42
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 475,000.00 AA+ Aaa 07/02/21 07/07/21 465,871.09 0.80 146.81 471,165.75 437,964.82
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 1,320,000.00 AA+ Aaa 02/17/22 02/18/22 1,246,626.56 1.84 407.97 1,284,355.66 1,217,081.19
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 310,000.00 AA+ Aaa 03/05/21 03/09/21 305,676.95 0.79 4.21 308,265.55 285,781.25
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 630,000.00 AA+ Aaa 12/03/21 12/07/21 613,019.53 1.15 8.56 621,982.67 580,781.25
US TREASURY NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 290,000.00 AA+ Aaa 06/02/21 06/04/21 289,365.62 0.79 546.72 289,714.15 266,573.45
US TREASURY NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 325,000.00 AA+ Aaa 06/06/22 06/08/22 297,857.42 2.99 612.71 309,663.41 298,746.11
US TREASURY NOTES
DTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 300,000.00 AA+ Aaa 04/05/22 04/07/22 276,222.66 2.77 1,097.34 286,302.97 273,937.50
US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
912828V98 295,000.00 AA+ Aaa 07/05/22 07/07/22 287,371.48 2.85 273.52 290,103.07 277,300.00
US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
912828V98 925,000.00 AA+ Aaa 09/14/22 09/15/22 871,451.17 3.68 857.66 889,134.89 869,500.00
US TREASURY NOTES
DTD 04/30/2020 0.500% 04/30/2027
912828ZN3 1,110,000.00 AA+ Aaa 08/03/22 08/05/22 992,062.50 2.92 1,860.16 1,031,215.84 983,217.13
US TREASURY NOTES
DTD 08/15/2017 2.250% 08/15/2027
9128282R0 1,050,000.00 AA+ Aaa 09/01/22 09/06/22 995,490.23 3.40 973.56 1,011,867.33 978,796.88
US TREASURY NOTES
DTD 09/30/2022 4.125% 09/30/2027
91282CFM8 500,000.00 AA+ Aaa 11/01/22 11/03/22 496,738.28 4.27 8,621.93 497,619.24 495,937.50
US TREASURY NOTES
DTD 10/31/2022 4.125% 10/31/2027
91282CFU0 340,000.00 AA+ Aaa 12/06/22 12/08/22 344,728.13 3.81 4,700.69 343,540.81 337,237.50
US TREASURY NOTES
DTD 10/31/2020 0.500% 10/31/2027
91282CAU5 1,210,000.00 AA+ Aaa 01/04/23 01/06/23 1,030,437.89 3.91 2,027.75 1,073,312.30 1,053,267.25
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 01/31/2021 0.750% 01/31/2028
91282CBJ9 1,130,000.00 AA+ Aaa 02/07/23 02/08/23 973,962.89 3.82 698.49 1,007,178.71 985,395.26
US TREASURY NOTES
DTD 03/31/2023 3.625% 03/31/2028
91282CGT2 490,000.00 AA+ Aaa 05/01/23 05/02/23 489,502.34 3.65 7,425.31 489,586.62 477,137.50
US TREASURY NOTES
DTD 03/31/2021 1.250% 03/31/2028
91282CBS9 575,000.00 AA+ Aaa 05/08/23 05/09/23 517,095.70 3.51 3,004.61 526,714.03 509,414.06
US TREASURY NOTES
DTD 04/30/2023 3.500% 04/30/2028
91282CHA2 420,000.00 AA+ Aaa 05/01/23 05/01/23 418,047.66 3.60 4,926.92 418,373.76 407,006.25
US TREASURY NOTES
DTD 04/30/2023 3.500% 04/30/2028
91282CHA2 460,000.00 AA+ Aaa 05/15/23 05/16/23 460,844.53 3.46 5,396.16 460,709.29 445,768.75
US TREASURY NOTES
DTD 05/31/2023 3.625% 05/31/2028
91282CHE4 530,000.00 AA+ Aaa 06/01/23 06/02/23 527,888.28 3.71 4,829.37 528,204.17 515,921.88
US TREASURY NOTES
DTD 06/30/2023 4.000% 06/30/2028
91282CHK0 55,000.00 AA+ Aaa 07/06/23 07/10/23 54,093.36 4.37 368.68 54,210.62 54,338.28 Security Type Sub-Total 19,130,000.00 18,104,581.83 2.61 54,342.35 18,474,801.53 17,748,438.94 Municipal Bond / Note
MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
605581MZ7 200,000.00 AA Aa2 07/24/20 08/06/20 200,000.00 0.57 376.67 200,000.00 194,026.00
OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
68607DVA0 135,000.00 AAA Aa1 09/11/20 09/17/20 135,000.00 0.57 224.99 135,000.00 130,758.30
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 40,000.00 AA Aa3 09/03/20 09/16/20 40,282.80 1.11 83.87 40,078.74 38,013.20
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 110,000.00 AA Aa3 09/03/20 09/16/20 110,000.00 1.26 230.63 110,000.00 104,536.30
LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
54438CYK2 80,000.00 AA+ Aaa 10/30/20 11/10/20 80,000.00 0.77 51.53 80,000.00 75,357.60
NJ TURNPIKE AUTHORITY TXBL REV BONDS
DTD 02/04/2021 1.047% 01/01/2026
646140DP5 40,000.00 AA- A1 01/22/21 02/04/21 40,000.00 1.05 69.80 40,000.00 37,396.00
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Municipal Bond / Note
Security Type Sub-Total 605,000.00 605,282.80 0.78 1,037.49 605,078.74 580,087.40 Federal Agency Commercial Mortgage-Backed Security
FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 10,004.95 AA+ Aaa 12/13/19 12/18/19 10,491.13 2.14 27.90 10,004.95 10,004.95 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
3137BGK24 108,058.78 AA+ Aaa 03/19/20 03/25/20 113,411.06 1.95 275.73 108,918.52 106,089.25 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
3137BTUM1 238,740.99 AA+ Aaa 05/19/23 05/24/23 231,392.24 4.31 665.89 233,040.89 230,020.34 FHMS K064 A2
DTD 05/15/2017 3.224% 03/01/2027
3137BXQY1 360,000.00 AA+ Aaa 08/16/23 08/18/23 339,581.25 4.98 967.20 342,681.23 344,675.75
FHLMC MULTIFAMILY STRUCTURED P
DTD 07/01/2017 3.243% 04/01/2027
3137F1G44 205,000.00 AA+ Aaa 08/16/23 08/18/23 193,284.57 4.97 554.01 195,021.50 196,048.18
FHLMC MULTIFAMILY STRUCTURED P
DTD 08/01/2017 3.117% 06/01/2027
3137F2LJ3 320,000.00 AA+ Aaa 08/17/23 08/22/23 299,250.00 5.01 831.20 302,139.05 304,456.26 FHMS K507 A1
DTD 09/01/2023 4.800% 04/01/2028
3137HAMR4 320,651.57 AA+ Aaa 09/20/23 09/28/23 315,619.59 5.19 1,282.61 316,045.39 318,717.83 FHMS K506 A1
DTD 09/01/2023 4.650% 05/01/2028
3137HAMG8 169,321.79 AA+ Aaa 09/07/23 09/14/23 166,789.59 5.01 656.12 167,017.65 168,168.59 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
3137HAD45 273,976.21 AA+ Aaa 07/19/23 07/27/23 273,969.34 4.78 1,090.65 273,970.19 271,719.31 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
3137HACX2 325,000.00 AA+ Aaa 07/13/23 07/20/23 328,246.10 4.59 1,305.15 327,835.32 325,158.89 FNA 2023-M6 A2
DTD 07/01/2023 4.190% 07/01/2028
3136BQDE6 345,000.00 AA+ Aaa 07/18/23 07/31/23 339,151.17 4.58 1,204.63 339,847.69 337,274.23 FHMS KJ47 A1
DTD 09/01/2023 5.272% 08/01/2028
3137HAMN3 188,854.50 AA+ Aaa 09/19/23 09/28/23 188,853.55 5.27 829.70 188,853.63 190,588.87 Account 995343 Page 9
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Commercial Mortgage-Backed Security
FHMS K506 A2
DTD 09/01/2023 4.650% 08/01/2028
3137HAMH6 340,000.00 AA+ Aaa 09/07/23 09/14/23 334,970.38 4.99 1,317.50 335,397.59 338,031.10 FHMS K508 A2
DTD 10/01/2023 4.740% 08/01/2028
3137HAQ74 345,000.00 AA+ Aaa 10/11/23 10/19/23 337,432.08 5.26 1,362.75 337,949.46 344,252.70 FHMS K509 A2
DTD 10/01/2023 4.850% 09/01/2028
3137HAST4 260,000.00 AA+ Aaa 10/25/23 10/31/23 251,710.42 5.60 1,050.83 252,216.78 260,672.09 FHMS K507 A2
DTD 09/01/2023 4.800% 09/01/2028
3137HAMS2 335,000.00 AA+ Aaa 09/20/23 09/28/23 330,995.75 5.07 1,340.00 331,303.29 335,119.21 FHMS K510 A2
DTD 11/01/2023 5.069% 10/01/2028
3137HB3D4 135,000.00 AA+ Aaa 11/14/23 11/21/23 134,609.72 5.14 570.26 134,629.50 136,511.41 FHMS K511 A2
DTD 12/01/2023 4.860% 10/01/2028
3137HB3G7 190,000.00 AA+ Aaa 11/28/23 12/07/23 189,454.13 4.93 769.50 189,477.75 190,484.69 FHMS K512 A2
DTD 12/01/2023 5.000% 11/01/2028
3137HBCF9 175,000.00 AA+ Aaa 12/11/23 12/21/23 176,634.15 4.78 729.17 176,575.29 176,468.37 FHMS K513 A2
DTD 01/01/2024 4.724% 12/01/2028
3137HBFY5 195,000.00 AA+ Aaa 01/10/24 01/18/24 196,947.86 4.50 767.65 196,904.46 194,530.05 FHMS K514 A2
DTD 02/01/2024 4.572% 12/01/2028
3137HBLV4 195,000.00 AA+ Aaa 02/01/24 02/08/24 196,949.81 4.34 742.95 196,926.75 193,262.84 FHMS K515 A2
DTD 02/01/2024 5.400% 01/01/2029
3137HBPD0 340,000.00 AA+ Aaa 02/14/24 02/22/24 349,159.60 4.78 1,530.00 349,121.05 349,294.59 FHMS K516 A2
DTD 03/01/2024 5.477% 01/01/2029
3137HBPM0 340,000.00 AA+ Aaa 02/29/24 03/07/24 350,198.98 4.78 310.36 350,198.98 350,200.00 Security Type Sub-Total 5,714,608.79 5,649,102.47 4.84 20,181.76 5,656,076.91 5,671,749.50 Federal Agency Bond / Note
FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 200,000.00 AA+ Aaa 04/15/20 04/16/20 199,008.00 0.60 380.56 199,777.56 190,432.20
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 260,000.00 AA+ Aaa 04/22/20 04/24/20 259,464.40 0.67 582.29 259,877.55 247,677.82 Account 995343 Pae 1
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Bond / Note
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 360,000.00 AA+ Aaa 06/03/20 06/05/20 361,843.20 0.52 806.25 360,431.32 342,938.52
FREDDIE MAC NOTES (CALLABLE)
DTD 05/29/2020 0.750% 05/28/2025
3134GVB31 200,000.00 AA+ Aaa 06/05/20 06/09/20 199,400.00 0.81 387.50 199,850.17 189,914.60
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 175,000.00 AA+ Aaa 07/02/20 07/07/20 175,201.25 0.48 179.86 175,052.71 165,464.43
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 225,000.00 AA+ Aaa 10/01/20 10/05/20 226,055.25 0.40 231.25 225,290.87 212,739.97
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 305,000.00 AA+ Aaa 06/17/20 06/19/20 304,368.65 0.54 313.47 304,836.28 288,380.86
FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 185,000.00 AA+ Aaa 07/21/20 07/23/20 184,078.70 0.48 77.08 184,743.91 174,067.06
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 195,000.00 AA+ Aaa 08/25/20 08/27/20 194,087.40 0.47 12.19 194,728.82 182,746.98
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 420,000.00 AA+ Aaa 10/21/20 10/22/20 417,727.80 0.49 26.25 419,303.43 393,608.88
FREDDIE MAC NOTES (CALLABLE)
DTD 08/30/2022 4.050% 08/28/2025
3134GXS54 1,000,000.00 AA+ Aaa 08/19/22 08/30/22 999,600.00 4.06 337.50 999,800.73 985,638.00
FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 285,000.00 AA+ Aaa 09/23/20 09/25/20 284,142.15 0.44 469.06 284,731.45 266,308.28
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 185,000.00 AA+ Aaa 11/09/20 11/12/20 184,337.70 0.57 292.92 184,775.96 172,407.79 Security Type Sub-Total 3,995,000.00 3,989,314.50 1.45 4,096.18 3,993,200.76 3,812,325.39 Corporate Note
WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
931142EL3 235,000.00 AA Aa2 07/10/19 07/12/19 242,334.35 2.19 986.02 235,404.96 232,750.11 Account 995343 Page 11
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
MICROSOFT CORP (CALLABLE) NOTES
DTD 02/12/2015 2.700% 02/12/2025
594918BB9 190,000.00 AAA Aaa 03/15/21 03/17/21 202,921.90 0.92 270.75 192,476.05 185,843.18
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 60,000.00 A+ A1 05/20/20 05/26/20 60,586.20 1.58 54.00 60,118.67 58,044.66
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
89236TGT6 90,000.00 A+ A1 05/20/20 05/26/20 90,879.30 1.58 81.00 90,178.00 87,066.99
NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 295,000.00 AA- Aa3 05/06/20 05/08/20 305,504.95 0.98 243.78 296,957.41 285,800.13 AMAZON.COM INC CORPORATE NOTES
DTD 04/13/2022 3.000% 04/13/2025
023135CE4 245,000.00 AA A1 04/11/22 04/13/22 244,610.45 3.06 2,817.50 244,854.99 239,165.08
CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 50,000.00 BBB+ A3 04/27/21 05/04/21 50,000.00 0.98 163.50 50,000.00 49,561.30
CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 55,000.00 BBB+ A3 04/28/21 05/04/21 55,145.75 0.91 179.85 55,008.13 54,517.43
GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 135,000.00 BBB+ A2 02/12/21 02/17/21 150,819.30 0.94 1,392.19 138,863.10 132,308.10
JPMORGAN CHASE & CO (CALLABLE) CORP
NOTE
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 115,000.00 A- A1 05/24/21 06/01/21 115,000.00 0.82 236.90 115,000.00 113,496.61
JPMORGAN CHASE & CO CORP NOTES
(CALLABLE
DTD 08/10/2021 0.768% 08/09/2025
46647PCM6 50,000.00 A- A1 08/03/21 08/10/21 50,000.00 0.77 23.47 50,000.00 48,878.60
BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 72,000.00 A A2 06/17/21 06/21/21 71,282.88 0.98 162.00 71,722.26 66,997.01
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
06051GKM0 220,000.00 A- A1 03/17/22 03/22/22 220,000.00 3.38 3,081.32 220,000.00 214,850.46
BANK OF AMERICA NA CORPORATE NOTES
DTD 08/18/2023 5.526% 08/18/2026
06428CAA2 175,000.00 A+ Aa1 10/23/23 10/24/23 173,526.50 5.85 349.21 173,711.22 176,421.35
TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 25,000.00 A A2 01/19/22 01/24/22 24,957.50 1.99 62.29 24,975.44 23,122.70
TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 125,000.00 A A2 01/27/22 01/31/22 124,923.75 1.96 311.46 124,955.77 115,613.50
BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 200,000.00 A A1 01/26/22 01/28/22 200,644.00 1.98 398.61 200,369.95 184,102.80
BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 300,000.00 A A1 08/02/22 08/04/22 280,158.00 3.67 597.92 287,131.81 276,154.20
ADOBE INC (CALLABLE) CORP NOTE
DTD 02/03/2020 2.150% 02/01/2027
00724PAC3 360,000.00 A+ A2 12/13/22 12/15/22 332,316.00 4.20 645.00 340,424.90 335,803.68
JPMORGAN CHASE CORP NOTES (CALLABLE)
DTD 04/22/2021 1.578% 04/22/2027
46647PCB0 260,000.00 A- A1 08/02/22 08/04/22 235,172.60 3.81 1,470.17 243,462.82 240,665.88
HOME DEPOT INC CORP NOTES (CALLABLE)
DTD 09/14/2017 2.800% 09/14/2027
437076BT8 350,000.00 A A2 01/25/23 01/27/23 330,256.50 4.15 4,546.11 334,915.08 327,721.10
JPMORGAN CHASE CORP NOTES (CALLABLE)
DTD 02/24/2022 2.947% 02/24/2028
46647PCW4 125,000.00 A- A1 09/14/23 09/18/23 114,296.25 5.13 71.63 115,386.45 117,128.88
JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 115,000.00 A A1 07/11/23 07/14/23 114,828.65 4.98 743.19 114,850.31 115,607.20
JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
24422EXB0 135,000.00 A A1 07/13/23 07/17/23 136,833.30 4.64 872.44 136,604.14 135,712.80
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note
TOYOTA MOTOR CREDIT CORP CORPORATE
NOTES
DTD 09/11/2023 5.250% 09/11/2028
89236TLB9 110,000.00 A+ A1 09/06/23 09/11/23 109,808.60 5.29 2,727.08 109,824.63 111,683.88
CITIBANK NA CORP NOTES (CALLABLE)
DTD 09/29/2023 5.803% 09/29/2028
17325FBB3 400,000.00 A+ Aa3 09/26/23 09/29/23 400,000.00 5.80 9,800.62 400,000.00 410,284.80 Security Type Sub-Total 4,492,000.00 4,436,806.73 3.28 32,288.01 4,427,196.09 4,339,302.43 Certificate of Deposit
TORONTO DOMINION BANK NY CERT
DEPOS
DTD 10/31/2022 5.470% 10/25/2024
89115B6F2 325,000.00 A A1 10/27/22 10/31/22 325,000.00 5.44 6,320.89 325,000.00 324,599.60
COOPERAT RABOBANK UA/NY CERT DEPOS
DTD 07/20/2023 5.080% 07/17/2026
21684LGS5 325,000.00 A+ Aa2 07/17/23 07/20/23 325,000.00 5.08 2,017.89 325,000.00 324,241.13 Security Type Sub-Total 650,000.00 650,000.00 5.26 8,338.78 650,000.00 648,840.73 Asset-Backed Security
HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 5,392.09 NR Aaa 02/17/21 02/24/21 5,391.99 0.27 0.40 5,392.06 5,352.50 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 9,008.67 AAA NR 04/20/21 04/28/21 9,007.72 0.38 1.52 9,008.34 8,915.25 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 6,146.95 AAA NR 01/20/21 01/27/21 6,145.74 0.34 0.93 6,146.51 6,054.20 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 34,383.62 AAA Aaa 09/21/21 09/27/21 34,380.88 0.43 6.57 34,382.43 33,583.60 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 20,794.97 AAA NR 04/13/21 04/21/21 20,790.49 0.52 4.81 20,793.15 20,410.15 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 20,422.80 AAA NR 11/09/21 11/17/21 20,418.24 0.75 6.72 20,420.56 19,927.41
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 55,000.00 AAA Aaa 09/20/21 09/27/21 54,988.22 0.58 14.18 54,993.97 53,571.91 CHAIT 2024-A1 A
DTD 01/31/2024 4.600% 01/15/2027
161571HV9 305,000.00 AAA NR 01/24/24 01/31/24 304,953.55 4.61 623.56 304,954.78 302,724.27 HAROT 2023-3 A3
DTD 08/22/2023 5.410% 02/18/2028
43815QAC1 215,000.00 AAA NR 08/15/23 08/22/23 214,955.67 5.42 420.03 214,960.86 215,926.39 TAOT 2023-C A3
DTD 08/15/2023 5.160% 04/17/2028
89231FAD2 65,000.00 AAA NR 08/08/23 08/15/23 64,985.30 5.17 149.07 64,987.01 65,015.35 TAOT 2023-D A3
DTD 11/14/2023 5.540% 08/15/2028
89239FAD4 65,000.00 AAA NR 11/07/23 11/14/23 64,992.99 5.54 160.04 64,993.37 65,652.54 FITAT 2023-1 A3
DTD 08/23/2023 5.530% 08/15/2028
31680EAD3 235,000.00 AAA Aaa 08/15/23 08/23/23 234,985.43 5.53 577.58 234,986.96 235,387.44 CHAIT 2023-A1 A
DTD 09/15/2023 5.160% 09/15/2028
161571HT4 270,000.00 AAA NR 09/07/23 09/15/23 269,925.16 5.17 619.20 269,931.26 271,181.79 AMXCA 2023-3 A
DTD 09/19/2023 5.230% 09/15/2028
02582JKD1 275,000.00 AAA NR 09/12/23 09/19/23 274,987.71 5.23 639.22 274,988.69 276,883.81 HART 2023-C A3
DTD 11/13/2023 5.540% 10/16/2028
44918CAD4 95,000.00 AAA NR 11/03/23 11/13/23 94,987.51 5.54 233.91 94,988.17 95,899.76 BACCT 2023-A2 A2
DTD 12/14/2023 4.980% 11/15/2028
05522RDH8 120,000.00 NR Aaa 12/07/23 12/14/23 119,983.88 4.98 265.60 119,984.50 120,319.20 GMCAR 2024-1 A3
DTD 01/17/2024 4.850% 12/18/2028
36268GAD7 35,000.00 NR Aaa 01/09/24 01/17/24 34,992.96 4.85 70.73 34,993.11 34,874.21 Security Type Sub-Total 1,831,149.10 1,830,873.44 4.80 3,794.07 1,830,905.73 1,831,679.78 Managed Account Sub-Total 36,417,757.89 35,265,961.77 3.06 124,078.64 35,637,259.76 34,632,424.17
Item 13.
Managed Account Detail of Securities Held For the Month Ending February 29, 2024 CITY OF COACHELLA - OPERATING PORTFOLIO - 995343 - (14201484) $36,417,757.89 $35,265,961.77 3.06% $124,078.64 $35,637,259.76 $34,632,424.17 $34,756,502.81
$124,078.64
Total Investments
Accrued Interest
Securities Sub-Total
Bolded items are forward settling trades.
Item 13.
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Item 14.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Authorization to file a Notice of Completion for Homesite Demolition of 50020 Kenmore Street and 50021 Balboa Street for the Avenue 50 Widening Project, City Project No. ST-93.
STAFF RECOMMENDATION:
Accept the Homesite Demolition of 50020 Kenmore Street and 50021 Balboa Street for the Avenue 50 Widening Project, City Project No. ST-93. as complete and direct the City Clerk to file a Notice of Completion attached hereto with the County of Riverside.
BACKGROUND:
On January 24, 2024, the City of Coachella acted to Authorize a Construction Contract with Demo Unlimited, Inc. in the amount of $177,069.84 plus 10% contingency for the Homesite Demolition of 50020 Kenmore Street and 50021 Balboa Street for the Avenue 50 Widening Project, City Project No. ST-93.
The upcoming Avenue 50 Widening Project will allow for two traffic lanes in each direction, and include pedestrian, bicycle and drainage facilities. These improvements required the acquisition of properties along Avenue 50. The City acquired two homes that required demolition for the improvements. In order to minimize vandalism or other safety concerns with the vacant homes, the City elected to demolish them now, while the widening project is still under design.
DISCUSSION/ANALYSIS:
City Staff has inspected the Project and found the improvements to be in accordance with the plans, specifications, and applicable standards. Staff recommends the acceptance of this project and that the City Council authorizes the filing of a Notice of Completion.
FISCAL IMPACT:
The project was included in the City’s approved CIP FY 23/24 budget. The contract amount of $177,069.84 and contingency in an amount of $17,706.98 is being funded by the CVAG reimbursement agreement that splits cost under a 75% regional share/25% local share. The local share will be funded by Street DIF (Fund 127). No Contract Change Orders were issued, and the project was constructed within budget including all quantities totaling $177,069.84.
Item 15.
To be recorded with County Recorder
within 10 days after completion and
Acceptance. No recording fee.
When Recorded, return to:
Delia Granados, Deputy City Clerk
City of Coachella
53990 Enterprise Way
Coachella, CA 92236 (For Recorders Use)
Notice of Completion
(California Civil Code Section 3093 - Public Works)
Notice is hereby given by the undersigned owner, a political subdivision of the State of California that a public work improvement described as Homesite Demolition of 50020 Kenmore Street and 50021 Balboa Street for the Avenue 50 Widening Project, City Project No. ST-93 has been completed and was accepted by the undersigned awarding authority on the date hereof. The demolished homesites were located at 50020 Kenmore Street and 50021 Balboa Street within the City of Coachella.
The contractor on such work was Demo Unlimited, Inc. and the surety on his bond is Developers Surety and Indemnity Company located at 800 Superior Avenue E., 21st Floor Cleveland, OH 44114.
The real property upon which said work was performed is in the City of Coachella, County of Riverside, and State of California.
The nature of the interest of the owner is in fee.
Date: May 8, 2024 City of Coachella
(Date of Acceptance) (Name of Political Subdivision)
Owner Address:
53990 Enterprise Way
Coachella, CA 92236
By: ________________________________
Steven A. Hernandez
Title: _________Mayor_________
State of California) City of Coachella
) ss
County of Riverside)
I hereby certify that I am the Deputy City Clerk of the governing board of the City of Coachella, the political subdivision which executed the foregoing notice and on whose behalf I make this verification; that I have read said notice, know its contents, and that the same is true. I certify under penalty of perjury that the foregoing is true and correct.
Executed at Coachella , California on (Date)
(City Where Signed)
________________________________
Delia Granados, Deputy City Clerk, City of Coachella County Counsel Form 1 (Rev. 5-64)
Item 15.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Construction Contract with ATP General Engineering Contractors in the amount of $1,816,225.00 plus 10% contingency and authorize appropriation of $1,231,705.50 from Fund 101 (General Fund) for the Construction of Buena Vista and Pueblos at Avalar & Navarra Pavement Rehabilitation Project, City Project No.ST-118.
STAFF RECOMMENDATION:
o Authorize a construction contract with ATP General Engineering Contractors in the amount $1,816,225.00 plus 10% contingency;
o Authorize appropriation of $1,231,705.50 from Fund 101 (General Fund) for the Construction of Buena Vista and Pueblos at Avalar & Navarra Pavement Rehabilitation Project, a portion of City Project No.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:
The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On April 5, 2024, the City issued the Notice Inviting Bids with a non-mandatory job walk held on April 9, 2024. The project bid opening was held on April 25, 2024 at 10:00 a.m., with five companies submitting a bid for this project. The bid opening results are listed below:
Item 16.
Company Name: City: Bid Amount:
ATP General Engineering Contractors San Diego $1,816,225.00 Granite Construction Company Indio $1,832,423.00
Vance Corp Beaumont $1,968,833.53
Onyx Paving Company Anaheim $2,484,000.00
Matich Corp San Bernardino $2,590,130.00
Staff has reviewed the bid and determined that ATP General Engineering Contractors is the lowest, responsive, responsible bidder. The total project cost, including design engineering, construction engineering, materials testing, construction and a 10% contingency is as follows:
Project Item: Project Cost:
Construction $ 1,816,225.00
Construction Contingency (10%) $ 181,622.50
TOTAL PROJECT COST: $ 1,997,847.50
FISCAL IMPACT:
With this action, City Council authorizes the appropriation of $1,231,705.50 from Fund 101 (General Fund) to Fund 182 (CIP Project Fund). The project has been included in the City’s approved CIP FY 23/24 budget. The contract amount of $1,816,225.00 and contingency in an amount of $181,622.50 will be funded with Measure A in the amount of $766,142 (Fund 117) and General Fund in the amount of $1,231,705.50 (Fund 101).
ATTACHMENTS:
1. Construction Contract for ATP General Engineering Contractors
2. Bid Tabulation
Item 16.
Buena Vista and Pueblos at Avalar & Navarra
Neighborhood Pavement Rehabilitation Project -48- CONTRACT FOR CONSTRUCTION
CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this 8th day of May, 2024, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
BUENA VISTA AND PUEBLOS AT AVALAR & NAVARRA NEIGHBORHOOD PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. ST-118
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 75 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Eight Hundred Sixteen Thousand Two Hundred Twenty-Five Dollars ($1,816,225.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every Working Day of delay
Item 16.
Buena Vista and Pueblos at Avalar & Navarra
Neighborhood Pavement Rehabilitation Project -49- CONTRACT FOR CONSTRUCTION beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture, if the Bagdouma Court Improvements are not completed by the date set forth in the Invitation to Bid. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
Item 16.
Buena Vista and Pueblos at Avalar & Navarra
Neighborhood Pavement Rehabilitation Project -50- CONTRACT FOR CONSTRUCTION The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Item 16.
Buena Vista and Pueblos at Avalar & Navarra
Neighborhood Pavement Rehabilitation Project -51- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF COACHELLA
By:
Gabriel Martin
City Manager
ATTEST:
By:
Delia Granados, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
MARTIN MARIETTA SAN DIEGO
AGRREGATES LLC DBA ATP GENERAL
ENGINEERING CONTRACTORS
IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED
By:
Its:
Printed Name:
By:
Its:
Printed Name:
502506__________________________
Contractor’s License Number and
Classification
1000012615_______________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
Item 16.
CITY OF COACHELLA
Buena Vista Pueblos at Avalar Navarra Pavement Rehabilitation Project -Bid Opening Log Project No. ST-118
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $70,000.00 $70,000.00 $90,000.00 $90,000.00 $9,500.00 $9,500.00 $100,539.15 $100,539.15 $187,100.00 $187,100.00 $314,000.00 $314,000.00 2 Dust Control/Stormwater Best Management
Practices (BMP’s) 1 LS $20,000.00 $20,000.00 $35,000.00 $35,000.00 $4,000.00 $4,000.00 $12,658.35 $12,658.35 $50,000.00 $50,000.00 $6,500.00 $6,500.00 3 Traffic Control/Site Protection 1 LS $30,000.00 $30,000.00 $120,000.00 $120,000.00 $10,000.00 $10,000.00 $39,995.17 $39,995.17 $98,000.00 $98,000.00 $100,000.00 $100,000.00 4 Grind/Remove Existing Asphalt, Agg. Base,
and/or Subgrade to 4” Depth (S) (F) 268,000 SF $1.25 $335,000.00 $0.65 $174,200.00 $0.70 $187,600.00 $0.68 $182,240.00 $1.15 $308,200.00 $0.99 $265,320.00 5 Remove & Replace Existing Speed Hump 9 EA $5,000.00 $45,000.00 $2,750.00 $24,750.00 $3,400.00 $30,600.00 $3,765.51 $33,889.59 $6,000.00 $54,000.00 $2,900.00 $26,100.00 6 Construct 4” AC Over Re-compacted
Subgrade (F) 268,000 SF $3.00 $804,000.00 $2.25 $603,000.00 $3.00 $804,000.00 $2.81 $753,080.00 $2.90 $777,200.00 $3.14 $841,520.00 7 Adjust Existing Water Valve to Grade Per
CVWD Std. W-17 & W-18 41 EA $2,000.00 $82,000.00 $1,550.00 $63,550.00 $1,550.00 $63,550.00 $1,793.52 $73,534.32 $1,600.00 $65,600.00 $1,760.00 $72,160.00 8 Adjust Existing Manhole to Grade Per COC
Std. D-10 23 EA $2,500.00 $57,500.00 $1,175.00 $27,025.00 $1,175.00 $27,025.00 $1,359.61 $31,271.03 $1,300.00 $29,900.00 $1,330.00 $30,590.00 9 Paint Striping & Markings Per Plan 1 LS $25,000.00 $25,000.00 $15,000.00 $15,000.00 $16,503.00 $16,503.00 $15,042.46 $15,042.46 $14,000.00 $14,000.00 $14,800.00 $14,800.00 10 Install/Modify Signage Per Plan 1 LS $1,500.00 $1,500.00 $1,500.00 $1,500.00 $11,128.00 $11,128.00 $1,041.40 $1,041.40 $1,000.00 $1,000.00 $1,020.00 $1,020.00 11 Mobilization 1 LS $50,000.00 $50,000.00 $60,000.00 $60,000.00 $9,363.00 $9,363.00 $46,371.49 $46,371.49 $147,200.00 $147,200.00 $170,000.00 $170,000.00 12 Dust Control/Stormwater Best Management
Practices (BMP’s) 1 LS $15,000.00 $15,000.00 $25,000.00 $25,000.00 $4,000.00 $4,000.00 $11,848.37 $11,848.37 $40,000.00 $40,000.00 $6,400.00 $6,400.00 13 Traffic Control/Site Protection 1 LS $25,000.00 $25,000.00 $64,000.00 $64,000.00 $10,000.00 $10,000.00 $21,915.52 $21,915.52 $70,000.00 $70,000.00 $70,000.00 $70,000.00 14 Grind/Coldmill Existing Asphalt (2” Thick) (S)
(F) 220,000 SF $2.50 $550,000.00 $0.30 $66,000.00 $0.50 $110,000.00 $0.35 $77,000.00 $0.48 $105,600.00 $0.52 $114,400.00 15 Fill Cracks and Construct 2” Hot Mix Asphalt
Overlay (F) 220,000 SF $2.50 $550,000.00 $1.30 $286,000.00 $1.70 $374,000.00 $1.77 $389,400.00 $1.60 $352,000.00 $1.70 $374,000.00 16 Remove & Replace Existing Speed Hump 6 EA $5,000.00 $30,000.00 $3,750.00 $22,500.00 $3,400.00 $20,400.00 $3,523.94 $21,143.64 $6,000.00 $36,000.00 $2,900.00 $17,400.00 17 Adjust Existing Water Valve to Grade Per
CVWD Std. W-17 & W-18 52 EA $2,000.00 $104,000.00 $1,550.00 $80,600.00 $1,550.00 $80,600.00 $1,793.52 $93,263.04 $1,600.00 $83,200.00 $1,760.00 $91,520.00 18 Adjust Existing Manhole to Grade Per COC
Std. D-10 32 EA $2,500.00 $80,000.00 $1,175.00 $37,600.00 $1,175.00 $37,600.00 $1,359.61 $43,507.52 $1,300.00 $41,600.00 $1,330.00 $42,560.00 19 Full Depth Asphalt Removal & Repair
(Additional 2” Removal & 2” Replacement) (D) 1,000 SF $4.50 $4,500.00 $5.00 $5,000.00 $9.00 $9,000.00 $6.86 $6,860.00 $10.00 $10,000.00 $17.80 $17,800.00 20 Paint Striping & Markings Per Plan 1 LS $20,000.00 $20,000.00 $15,000.00 $15,000.00 $7,001.00 $7,001.00 $13,885.35 $13,885.35 $13,000.00 $13,000.00 $13,700.00 $13,700.00 21 Install/Modify Signage Per Plan 1 LS $1,000.00 $1,000.00 $500.00 $500.00 $6,553.00 $6,553.00 $347.13 $347.13 $400.00 $400.00 $340.00 $340.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,899,500.00 $1,816,225.00 $1,832,423.00 $1,968,833.53 $2,484,000.00 $2,590,130.00 Indicates Staff correction of the math.
Indicates Apparent Low Bidder
Matich Corp
TOTAL
Bid Schedule Engineer's Estimate (LS) ATP General
Engineering Contractors Granite Construction Company Vance Corp Onyx Paving Company
Item 16.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Approve an Additional Segment for the Commercial Corridor Façade Improvement Grant Program Along Sixth Street Between Cesar Chavez Street and Grapefruit Boulevard to Beautify and Revitalize Additional Commercial Properties in the Pueblo Viejo Downtown District
STAFF RECOMMENDATION:
Staff recommends that the City Council considers approving an additional segment for the Commercial Corridor Façade Improvement Grant Program along Sixth Street between Cesar Chavez Street and Grapefruit Boulevard to beautify and revitalize additional commercial properties in the Pueblo Viejo Downtown District. The Commercial Corridor Façade Improvement Program was previously approved by the City Council at its regularly scheduled meeting of February 28, 2024 for the segment along Cesar Chavez Street between Sixth Street and Avenue 52. This new request to add this additional segment is being brought forward for consideration after multiple property owners on Sixth Street came forward to request to be included.
BACKGROUND:
The Commercial Façade Improvement Grant Program (“Program”) is an endeavor of the City of Coachella to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Downtown Pueblo Viejo Area and the segment of Cesar Chavez Street between Sixth Street and Avenue 52. The long‐term objective is to upgrade the Downtown Pueblo Viejo Area on Cesar Chavez Street between Sixth Street and Avenue 52 and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard, by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the properties. The program also seeks to fund improvements which create outdoor dining or gathering spaces to promote activity in the downtown.
DISCUSSION/ANALYSIS:
The City will provide architectural design services to approved applicants, up to a maximum of ten (10) hours, for exterior commercial building façade improvements. The City will also
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reimburse applicants for the services of a professional designer (for paint/signage/awnings selection) for up to five (5) hours.
Façade Improvement Grants
Mini‐Grant – This grant provides for reimbursement of up to Five Thousand dollars ($5,000) for commercial building façade improvements with no match requirement.
Projects must be completed within 12 months of grant approval or Building Permit issuance.
Matching Grant – This grant will provide a reimbursable matching grant of eligible project costs, up to a maximum of Fifty Thousand dollars ($50,000). The total cost of the improvement work must be more than Five Thousand dollars ($5,000). Receipt of a matching grant requires the approved applicant to contribute a minimum of one‐third of the total cost of the façade improvement costs. Projects must be completed within 18 months of Building Permit issuance.
Grant proceeds are to be used for labor and materials directly related to the façade construction.
Tools may not be purchased with grant funds, but tool rental is allowable. Program funds are to be used for exterior building improvements rather than simple routine maintenance.
Eligible Improvements
The following are examples of activities that may be eligible for reimbursement. The project is more likely to be funded if an improvement entails one or more of the activities listed below. All projects will be evaluated based on how they meet the purpose of the Program. Awnings and Canopies: Installation of permanent awnings and canopies. Exterior Walls: Repair, restore or rebuild vertical or parapet walls, including cleaning, sealing, tuckpointing, patching, painting or replacement of siding or masonry. Exterior Building Materials: Removal of exterior building materials on the façade that are not original or are in excess to the building.
Exterior Doors: Repair, restore, replace, and install doors and hardware used to provide public access.
Exterior Windows: Install, replace or repair windows, frames, sills, glazing or glass. Shutters: Repair, restoration, replacement or addition of exterior shutters, where they relate to exterior windows.
Gutters and Downspouts: Install, replace or repair gutters and downspouts. Stairs, Sidewalks, Porches, Porticos, Railings or Colonnades: Repair, replace or install these exterior elements where they affect access to the building. Signs: Installation of permanent wall signs, monument signs, etc. in conjunction with a comprehensive façade improvement project.
Outdoor Seating Areas: The installation of hardscape or permanent structures related to outdoor seating areas.
Exterior Lighting: On the front of a building.
Landscaping: Install and/or maintain plantings of trees, shrubs, and perennials on private property immediately adjacent to the street side of a building. Screening of mechanical equipment or utilities at grade or on the roof: Installation of
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screening, such as fencing or landscaping, which is visible from the street. Fencing: Decorative metal fencing that is visible from the street. Code Improvements: Exterior improvements required to make the building ADA compliant or to meet life, safety, building or zoning regulations. Dumpster enclosures
Eligibility Criteria
Owners and/or tenants of commercial properties in a Program Eligibility Area that meet the Small Business Administration (SBA) definition for a small business in their unique North American Industry Classification (NAICS) codes.
Non-profit organizations, as defined by Section 501(c) of the Internal Revenue Code, will also be eligible.
Owners and/or tenants of commercial properties in a Program Eligibility Area. Tenant must receive approval from property owner.
Owner must have owned the building prior to January 1, 2021. Tenant must have been in business at the location prior to January 1, 2021. Property must currently be in compliance with all Zoning and Unified Development Code requirements or commit to complying prior to completion of the proposed project. Applicant and/or property owners must be current on all City property taxes. No City liens against applicant and/or property owner. Property and all proposed improvements must face and be visible from the public rightof-way. Ability to meet program insurance requirements.
Ineligible Applicants
Franchisors (local or non-local)
Gambling/Gaming Businesses
Sexually Oriented Businesses
Payday & Auto Loan Providers
Liquor Stores
Tobacco, CBD, and Vape Stores
Government owned and/or occupied buildings
Any business in which a City employee or officer has a financial interest, as defined in the City’s Ethics Code
Program Eligible Areas
Commercial properties along the Cesar Chavez Street corridor between Sixth Street and Avenue 52 and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.
Process
Submit an application for grant funds. Submit a completed application detailing all exterior improvements and an itemized estimate of the total project cost. Be as specific as
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possible. The project list may contain improvements beyond what would be funded by the grant. Projects that include conceptual architectural plans shall be considered favorably. All proposed façade projects/remodels must be approved by the Development Services Director and Economic Development Director prior to being accepted into the program.
Informational Meeting. Applicants will meet with representatives from Planning + Building to review the entitlement process + building permit process and to answer any questions that the businesses may have.
City Staff will review grant applications. Staff will review the application with the business owner, discuss the scope of work, determine a timeline and review the remaining process for the grant.
Economic Development + Planning Subcommittee will consider request and select grant awardees. Selection preference will be provided to projects which create new outdoor dining and activity spaces. City Council will authorize awards. Grant funds reserved. Upon approval of a grant application, including scope of work and timeline, an agreement will be signed between the applicant and City. Planning Approval. If planning approval is required, the applicant is responsible for submitting project plans prepared by a licensed architect through the Planning Division. Building Permit Approval. If a Building Permit is required, the applicant is responsible for submitting plans that meet all Code requirements through the Building Division. Complete Work. After receiving all required approvals and permits the applicant shall complete the improvements within twelve (12) months for Mini‐Grants and eighteen (18) months for Matching Grants. The applicant shall be responsible for contacting City staff to request an extension if necessary. An extension is not guaranteed. Submit invoices, receipts, and proof of payment. The applicant shall save all documentation as required and submit within 30 days of project completion or Building permit final.
Implementation of Work
The City of Coachella will reserve the right to cancel or modify this Program at any time prior to grant approval, without notice. Continuation of the Program is subject to sufficient funding as appropriated by the City of Coachella City Council. All improvements shall conform to the City of Coachella Building Codes, Zoning Ordinance, and applicable Design Guidelines. Proposed façade remodels are required to comply with the Zoning Ordinance. Project improvements commenced prior to the City’s issuance of a Notice to Proceed are not eligible for this Program.
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City staff will be available to work with approved applicants to assist in the coordination of the project. City staff will carry out periodic inspections.
FISCAL IMPACT
This program is recommended to be funded from the General Fund in the amount of $1,000,000.
ALTERNATIVES
1. Approve an Additional Segment for the Commercial Corridor Façade Improvement Grant Program Along Sixth Street Between Cesar Chavez Street and Grapefruit Boulevard to Beautify and Revitalize Additional Commercial Properties in the Pueblo Viejo Downtown District
2. Do not approve the additional segment.
ATTACHMENTS:
1. Commercial Corridor Façade Improvement Grant Program Guidelines
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CITY OF COACHELLA
E C O N O M I C D E V E L O P M E N T D E P A R T M E N T
COMMERCIAL CORRIDOR
FAÇADE IMPROVEMENT
GRANT PROGRAM GUIDELINES
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Commercial Corridor Façade Improvement
Grant Program Guidelines
1. PROGRAM OVERVIEW
The Commercial Façade Improvement Grant Program (“Program”) is an endeavor of the City of Coachella to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Downtown Pueblo Viejo District and the segment of Cesar Chavez Street between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.
The Program offers two types of façade improvement grants, as well as up to a maximum of ten hours of architectural fees or five hours of design assistance to help cover design costs. The Program runs concurrent to the City’s fiscal year schedule (July 1 – June 30). The Program features open enrollment; applications shall be considered on a first‐come, first‐served basis.
The long‐term objective is to upgrade the Downtown Pueblo Viejo District and the segment of Cesar Chavez Street between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard, by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the property.
The program also seeks to fund improvements which create outdoor dining or gathering spaces to promote activity in the downtown.
2. PROGRAM COMPONENTS
A. Architectural Design or Design Assistance
The City will provide architectural design services to approved applicants, up to a maximum of ten hours, for exterior commercial building façade improvements. The City will also reimburse applicants for the services of a professional designer (for paint/signage/awnings selection) for up to five hours.
B. Façade Improvement Grants
i. Mini‐Grant – This grant provides for reimbursement of up to Five Thousand dollars ($5,000) for commercial building façade improvements with no match requirement.
Projects must be completed within 12 months of grant approval or Building Permit issuance.
ii. Matching Grant – This grant will provide a reimbursable matching grant of two‐thirds (66%) of eligible project costs, up to a maximum of One Hundred Thousand dollars ($100,000) The total cost of the improvement work must be more than Five Thousand dollars ($5,000). Receipt of a matching grant requires the approved applicant to contribute a minimum of one‐third of the total cost of the façade improvement costs. Projects must be completed within 18 months of Building Permit issuance.
Grant proceeds are to be used for labor and materials directly related to the façade construction. Tools may not be purchased with grant funds, but tool rental is allowable.
Program funds are to be used for exterior building improvements rather than simple routine maintenance.
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All improvements completed through the Façade Improvement Program are “public work” as that term is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et seq., prevailing wages shall be paid for all façade improvements. Use of volunteer labor is not allowed. All estimates and payments for construction and installation of façade improvements shall include prevailing wages, and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California Labor Code and all other applicable laws and regulations with respect to prevailing wages.
Participants in the program are responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law.
Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued after City deems the project complete, and upon the submission of invoices and proof of payment and subject to approval of those invoices and proofs of payment by City staff. Construction shall be completed within 120 days after the City issued Notice to Proceed. If the project extends beyond the scheduled completion date, prior staff approval is required.
This program is primarily geared toward commercial property owners. However, business owners who have long‐term leases (five or more years) wishing to participate in the Façade Improvement Program may also apply. Applications for business owners will be reviewed on a case‐by‐case basis.
C. Fee Exemption
Applicants for this program are exempt from planning and building permit fees by the City Manager, who is authorized to waive City fees associated with this program. This fee exemption does not apply to fees mandated by the State of California including, but not limited to, the Strong Motion Instrument program fee and the California Green Building fees.
3. ELIGIBILITY
D. Eligible Applicants/Areas
Owners or long term tenants* of commercially zoned property located within one of the following areas are eligible to apply for assistance:
▪ Cesar Chavez Street between Avenue 52 and Sixth Street ▪ Sixth Street between Cesar Chavez Street and Grapefruit Boulevard *Tenants with long‐term leases (five or more years remaining on the lease at the time a Program application is submitted) must have the property owner’s written consent before any improvements are made. In addition, the grant application must be signed by the property owner.
E. Eligible Types of Improvements
All improvements shall conform to City Building Codes, Zoning Ordinance, and applicable Design Guidelines. Eligible improvements include, but are not limited to:
• Removal of old signs, awnings and other exterior clutter • Exterior painting
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• Repair or replacement of exterior siding (including the construction of new façade elements and architectural details)
• Installation of new entry doors that meet ADA accessibility requirements • Installation of display windows
• Installation of new canvas awnings over windows and entries • Installation of new signs
• Installation of new exterior lighting
• Installation of permanent landscaping
• Exterior mandatory Title 24 upgrades
• Construction of outdoor dining or gathering spaces
Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case‐by‐case basis by the Economic Development Director and Development Services Director.
4. Grant Process
F. Submit an application for grant funds. Submit a completed application detailing all exterior improvements and an itemized estimate of the total project cost. Be as specific as possible. The project list may contain improvements beyond what would be funded by the grant. Projects that include conceptual architectural plans shall be considered favorably. All proposed façade projects/remodels must be approved by the Development Services Director prior to being accepted into the program.
G. Informational Meeting. Applicants will meet with representatives from Planning & Building to review the entitlement process and building permit process and to answer any questions that the businesses may have.
H. City Staff will review grant applications. Staff will review the application with the business owner, discuss the scope of work, determine a timeline and review the remaining process for the grant.
I. The Economic Development and Planning Sub-Committee will consider request and select grant awardees. Selection preference will be provided to projects which significantly revitalize and beautify the Cesar Chavez Street corridor between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.
J. Grant funds reserved. Upon approval of a grant application, including scope of work and timeline, an agreement will be signed between the applicant and City.
K. Planning Approval. If planning approval is required, the applicant is responsible for submitting project plans prepared by a licensed architect through the Planning Division.
L. Building Permit Approval. If a Building Permit is required, the applicant is responsible for submitting plans that meet all Code requirements through the Building Division.
M. Complete Work. After receiving all required approvals and permits the applicant shall complete the improvements within twelve (12) months for Mini‐Grants and eighteen
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(18) months for Matching Grants. The applicant shall be responsible for contacting City staff to request an extension if necessary. An extension is not guaranteed.
N. Submit invoices, receipts, and proof of payment. The applicant shall save all documentation as required and submit within 30 days of project completion or Building permit final.
5. FUNDING
Funding for this Program is appropriated by the City of Coachella City Council as part of its annual budget process. There is no guarantee of the amount of funds that will be appropriated each year.
Funds for the Program are available on a first come, first served basis. If funds are exhausted at the time of application submittal, staff will retain the application. If additional funds become available, staff will contact applicants in the order applications were received.
O. Grant Amounts
Eligible property owners or tenants who propose façade improvements can apply for one of two grants.
1. Mini‐Grant
This grant provides reimbursement for commercial building façade improvements to approved applicants in the amount of up to Five Thousand Dollars ($5,000), with no match requirement.
2. Matching Grant
This grant provides reimbursement to approved applicants for a reimbursable matching grant of two‐thirds (66%) of eligible project costs, up to a maximum of One Hundred Thousand Dollars ($100,000). The total cost of the façade remodel must be more than Five Thousand dollars ($5,000). Receipt of a Matching Grant requires the applicant to contribute one‐ third of the total cost of the façade remodel, and to document its expenditures.
The City of Coachella reserves the right to cancel or modify this Program at any time prior to grant approval, without notice. Continuation of the Program is subject to sufficient funding as appropriated by the City of Coachella City Council.
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6. IMPLEMENTATION WORK
All improvements shall conform to the City of Coachella Building Codes, Zoning Ordinance, and applicable Design Guidelines. Proposed façade remodels are required to comply with Chapter 17 of the City’s Zoning Ordinance. Project improvements commenced prior to the City’s issuance of a Notice to Proceed are not eligible for this Program.
City staff will be available to work with approved applicants to assist in the coordination of the project. City staff will carry out periodic inspections.
I, have read and received a copy of these guidelines.
Printed Name
Date Signature
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Commercial Corridor Façade Improvement
Grant Program Application
Please fill out this application completely and submit or send to: City of Coachella
Attention: Economic Development Department
53462 Enterprise Way
Coachella, CA 92236
(760) 262-6263
[email protected]
SECTION 1. APPLICANT INFORMATION
Name:
Circle All That Apply: Property Owner Business Owner/Tenant Business Name:
Property Address:
Mailing Address:
Assessor’s Parcel Number:
Daytime Phone Number:
Email:
Total Number of Businesses in Building:
Name(s) of Other Businesses:
SECTION 2. PROPERTY OWNER INFORMATION (complete if tenant is applicant) Property Owner Name:
Property Owner Mailing Address:
Property Owner Daytime Phone Number:
As the legal owner of the above property, I hereby grant authorization to complete the façade improvements indicated on this application.
Signature: Date:
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SECTION 3. FUNDING
Grant (please check one):
□ Mini‐Grant (Reimbursement in the amount up to $5,000) □ Matching Grant (Reimbursement of two‐thirds the total project cost up to $100,000 with a minimum total project cost above $5,000)
Grant Amount Requested: $
Estimated Total Project Cost: $
SECTION 4. SCOPE OF WORK
General Description of Work:
SECTION 5. ACKNOWLEDGMENT
We certify that the owner is the property owner of record and that there are no current code enforcement actions pending against the property.
I have read and understand the Program Guidelines and accept them.
I certify that I am qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Coachella in the implementation of this project.
Property Owner(s) Signature: Date:
Date:
Business Owner(s) Signature: Date:
Date:
Item 17.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Adopt Resolution No. 2024-16 Authorizing the City Manager to Submit an Application to the U.S. Department of Transportation for the FY 2025-2026 Multimodal Project Discretionary Grant Opportunity Under the National Infrastructure Project Assistance Grants Program in the Amount of $43,692,800 STAFF RECOMMENDATION:
Staff recommends that the City Council considers adopting Resolution No. 2024-16 authorizing the City Manager to submit an application to the U.S. Department of Transportation for the FY 2025-2026 Multimodal Project Discretionary Grant Opportunity Under the National Infrastructure Project Assistance Grants Program in the Amount of $43,692,800 BACKGROUND:
In November 2021, the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), was passed into law. The Bipartisan Infrastructure Law established two new programs (Mega and Rural) and reauthorized one preexisting program (INFRA). For FY 2025-2026, it is anticipated that this grant opportunity will award $5.1 billion dollars.
1. Mega: $1.7 billion in funding for the National Infrastructure Project Assistance grants program, known as the “Mega” grants program.
2. Rural: $780 million in funding for the Rural Surface Transportation Grant program, known as “Rural”.
3. INFRA: Approximately $2.7 billion in funding to be made available for the Nationally Significant Multimodal Freight and Highways Projects grants program, known as “INFRA”.
The funding opportunities are awarded on a competitive basis for surface transportation infrastructure projects – including highway and bridge, intercity passenger rail, railway-highway grade crossing or separation, wildlife crossing, public transportation, marine highway, and freight projects, or groups of such projects – with the following being the main objectives:
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1. Invest in surface transportation infrastructure projects of national or regional significance, or improve/expand infrastructure in rural areas; and
2. Support projects that are consistent with the Department’s strategic goals: improve safety, economic strength and global competitiveness, equity, and climate and sustainability.
DISCUSSION/ANALYSIS:
The City of Coachella is submitting an application for Mega funding in the amount of $43,692,800 for the SR-86 Avenue 50 New Interchange Project. Proposed improvements include the realignment and widening of Avenue 50 from the existing two-lane roadway to a six-lane major arterial, and the realignment of Tyler Street on both the east and west sides of SR-86.
The project will improve safety by implementing an overcrossing structure eliminating potential conflicts between mainline and crossing traffic at the existing at-grade crossing. The existing accident rates are currently higher than statewide average. The new interchange will also add and encourage more active transportation, allowing traffic to keep flowing and reducing both greenhouse gases and idling.
Consistent with the California State Transportation Agency's (CalSTA) Climate Action Plan for Transportation Infrastructure (CAPTI), the project will include sidewalks and portion of CV Link access ramps promoting walking, biking, and LSEV, resulting in reducing greenhouse gas emissions (GHG).
The project is located within the Qualified Opportunity Zone, the SB 535 Disadvantaged Communities and AB 1550 Low-income Communities. The project will act as a catalyst to stimulate economic development by providing better employment and housing opportunities. It will also create environmental sustainability and resiliency benefits for the residents to work locally, resulting in fewer vehicle miles traveled (VMT) in accordance with CAPTI guiding principles.
FISCAL IMPACT
Submission of this grant application has no fiscal impact on the City of Coachella.
ALTERNATIVES:
1. Adopt Resolution No. 2024-16 Authorizing the City Manager to Submit an Application to the U.S. Department of Transportation for the FY 2025-2026 Multimodal Project Discretionary Grant Opportunity Under the National Infrastructure Project Assistance Grants Program in the Amount of $43,692,800
2. Not Adopt Resolution No. 2024-16 Authorizing the City Manager to Submit an Application to the U.S. Department of Transportation for the FY 2025-2026 Multimodal Project Discretionary Grant Opportunity Under the National Infrastructure Project Assistance Grants Program in the Amount of $43,692,800
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ATTACHMENTS:
1. Resolution No. 2024-16
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RESOLUTION NO. 2024-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO U.S. DEPARTMENT OF TRANSPORTATION FOR THE FY 2025- 2026 MULTIMODAL PROJECT DISCRETIONARY GRANT OPPORTUNITY UNDER
THE NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE GRANTS PROGRAM IN THE AMOUNT OF $43,692,800
WHEREAS, the U.S. Department of Transportation (“Grantor”) Released a Notice of Funding Opportunity for the submittal of applications for its Multimodal Project Discretionary Grant (“Grant”) dated March 25, 2024; and
WHEREAS, the Grant opportunity contains three grant programs: the National Infrastructure Project Assistance grants program (Mega), the Nationally Significant Multimodal Freight and Highway Projects grants program (INFRA), and the Rural Surface Transportation Grant program (Rural); and
WHEREAS, the City has determined that it is in its best interests to submit an application for the National Infrastructure Project Assistance grants program funds to realign and widen Avenue 50 from the existing two-lane roadway to a six-lane major arterial, and realign Tyler Street on both the east and west sides of SR-86; and
WHEREAS, City shall submit an application to the Grantor to participate in the Grant program and for an allocation of $43,692,800 for its proposed SR-86 Avenue 50 interchange project; and
WHEREAS, the City is familiar with the terms, conditions and limitations of such Grant; and
WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon any such Grant to the City; and WHEREAS, the City understands that the Grantor must approve said application and will require the City to execute a Grant Agreement and other necessary documents upon approval; and
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AS FOLLOWS:
SECTION 1: That the City Manager, or his designee, is hereby authorized to execute an application for Grant funds for the purpose of obtaining financial assistance provided by the U.S.
Department of Transportation.
SECTION 2: The City of Coachella hereby agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the City Manager, or his designee, is hereby authorized and directed to execute any applications, agreements, assurance, extensions, amendments or other documents as may be necessary in connection with acceptance and implementation of said Grant as may be required by the Grantor.
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PASSED, APPROVED and ADOPTED this 8
th day of May, 2024.
__________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-16 was duly adopted by the City Council of the City of Coachella at its regular meeting thereof, held on the 8 th day of
May, 2024, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 18.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Authorize the City of Coachella to Sponsor The Clown Family Entertainment’s Dia Del Niño Event in the Amount of $1,000
STAFF RECOMMENDATION:
Staff recommends that the City Council consider authorizing the City of Coachella to sponsor The Clown Family Entertainment for their Dia Del Niño event that took place at Bagdouma Park on Sunday, April 28, 2024 in the amount of $1,000.
BACKGROUND:
Unfortunately, The Clown Family Entertainment group did not submit their request for sponsorship ahead of their scheduled event. The Dia Del Niño celebration was a community event that included The Clown Family Entertainment Group, who has entertained families throughout the Coachella Valley for years. The Clown Family’s participation not only provided entertainment in the form of face painting and balloon animals, but also provided snacks and giveaways through raffles, that included toys and art supplies at no cost to the city’s families. They are requesting sponsorship to help cover their costs for this event.
DISCUSSION/ANALYSIS:
Sponsorship of The Clown Family’s Dia Del Niño participation demonstrates the City’s commitment to supporting local businesses that also provide free entertainment to the City’s families and children. The Dia Del Niño event is a positive example of the community coming together to recognize and celebrate Coachella’s youth.
ALTERNATIVES:
1. Authorize the City of Coachella to Sponsor The Clown Family Entertainment’s Dia Del Niño Event in the Amount of $1,000
2. Not authorize the sponsorship request
FISCAL IMPACT:
Funding for this sponsorship will be through the General Fund.
Item 19.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Authorize the City Manager to execute Professional Services Agreements with LSA for On-Call Professional Planning Consultant Services STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreement with LSA for On-Call Professional Planning Consultant Services.
BACKGROUND:
In 2021, the Development Services Department established a list of qualified on-call Professional Planning Consultant Services to assist with Project Management/Entitlements, Long Range Planning, Environmental Review Analysis, Fiscal Impact Analysis, Design Review, and Landscape Architecture. LSA is a professional planning consultant that was approved and included in the City’s list of qualified consultant. The Development Services Department has an increased need for on-call professional planning consulting services related to current planning and long-range planning efforts due to existing vacancies in the Planning Division and an increase in development applications submitted to the City.
DISCUSSION/ANALYSIS:
Attached to this staff report is a draft Professional Services Agreement for LSA to provide on-call professional planning consultant services for a term of a year until March 1, 2026. The consultant will provide assistance with environmental services to the Planning Division for projects that involve environmental review. A task order for $33,629 is included for preparation of an Initial Study for the annexation of Pocket 7 and Mesquite areas into the City of Coachella.
ALTERNATIVES:
1. Authorize the City Manager to execute a Professional Services Agreement with LSA in the amount of $200,000 and a task order of $33,629 for preparation of an initial study for Pocket 7/Mesquite area.
2. Continue this item and provide staff direction.
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FISCAL IMPACT:
The fiscal impact of this action would immediately be $33,629 and would require an appropriation from the General Fund. Environmental services from the planning consultant will be secured on an as needed basis based on the fee schedule provided in the PSA.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as noted above.
Attachment:
1. Professional Services Agreement (PSA) with LSA
2. Task Order #1 – Pocket 7/Mesquite Initial Study
Item 20.
80237.00000\34369633.1
BB&K (2021) -1- PROFESSIONAL SERVICES AGREEMENT–ON CALL
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 9th day of May, 2024, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and LSA with its principal place of business at 3111 E. Taquitz Canyon Way, Suite 109, Palm Springs Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing planning and environmental services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the current planning project management, long range planning and environmental review analysis projects ("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 planning consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 9, 2024 to March 1, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including
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BB&K (2021) -2- PROFESSIONAL SERVICES AGREEMENT–ON CALL 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 maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.
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3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
Amanda Durgen, Principal
Trevor Wimmer, Senior Environmental Planner
3.3.5 City's Representative. The City hereby designates Gabriel Perez, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Amanda Durgen, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its
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BB&K (2021) -4- PROFESSIONAL SERVICES AGREEMENT–ON CALL 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.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
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3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE***]
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3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***]Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***](1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
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3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
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BB&K (2021) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel
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3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must
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3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: LSA
3111 E. Tahquitz Canyon Way, Suite 109
Palm Springs, CA 92262
ATTN: Amanda Durgen
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Gabriel Perez, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal
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BB&K (2021) -14- PROFESSIONAL SERVICES AGREEMENT–ON CALL action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be
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BB&K (2021) -15- PROFESSIONAL SERVICES AGREEMENT–ON CALL construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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BB&K (2021) -16- PROFESSIONAL SERVICES AGREEMENT–ON CALL
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
3.7.22.1 Amendment(s)
3.7.22.2 This Agreement
3.7.22.3 Task Orders
3.8 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP DUE TO FEDERAL FUNDING GUIDELINES.
CONSULT LEGAL COUNSEL IF NECESSARY***]When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
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BB&K (2021) -17- PROFESSIONAL SERVICES AGREEMENT–ON CALL
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL
SERVICES BETWEEN THE CITY OF COACHELLA AND
LSA
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA LSA
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Gabriel D. Martin, Ph.D.
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
Item 20.
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BB&K (2021) Exhibit “A-I-1” PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "A"
SCOPE OF SERVICES
Item 20.
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BB&K (2021) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "B"
SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF COACHELLA [INSERT NAME OF CONSULTANT]
Dated: Dated:
By: By:
Item 20.
80237.00000\34369633.1
BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL EXHIBIT "C"
COMPENSATION
Item 20.
EXHIBIT "B"
SAMPLE TASK ORDER FORM
Task Order No. 1
Agreement: IS/MND Pocket 7 and Mesquite Annexation
Consultant: LSA
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
The proposed project that is the subject of the IS/MND involves annexation of the area generally bounded by Jackson Street on the west, approximately 0.25 mile north of 51st Avenue on the north, Calhoun Street on the east, and 52nd Avenue on the south. In July 2023, the City adopted an Addendum to the General Plan adding this same area into the City’s Sphere of Influence (SOI).
With that discretionary action, the City also adopted a new General Plan land use designation, Estate Rancho, which accommodates low intensity residential development in an estate or lowdensity suburban format, consistent with the land use designation and density previously identified in this area under the County’s General Plan. The scope of the proposed project involves annexing an area already in the City’s SOI and consistent with the land use designations. This proposal assumes that the City will provide supporting documentation demonstrating that the City has existing capacity to provide public services and utilities to the P7 area. As such, it is anticipated the proposed project would not result in significant and unavoidable environmental effects,and preparation of an IS/MND would be the appropriate CEQA documentation. The IS/MND will contain a discussion of each environmental topic contained in the Statewide CEQA Guidelines Appendix G. LSA’s proposed Work Program (Scope of Services, Project Schedule, and Project Budget) is attached.
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $33,629.00
Completion Date: October 30, 2024
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF COACHELLA LSA
Dated: Dated:
By: By:
Item 20.
LSA is a business name of LSA Associates, Inc.
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
3111 E. Tahquitz Canyon Way, Suite 109 Palm Springs, CA 92262 760.416.2075 www.lsa.net April 22, 2024
Gabriel Perez, Development Services Director
Coachella Development Services, Planning Division
53990 Enterprise Way
Coachella, CA 92236
Subject: Proposal to Prepare an Initial Study/Mitigation Negative Declaration for the annexation of Pocket 7 into the City of Coachella
Dear Mr. Perez:
LSA is pleased to submit this proposal for preparation of an Initial Study/Mitigation Negative Declaration (“proposed project”) for the annexation of Pocket 7 (P7; previously added to the Sphere of Influence in July 2023) into the City of Coachella. We consider it a privilege to provide services to the City of Coachella for the proposed project.
Amanda Durgen will serve as the Principal in Charge for this project, and Trevor Wimmer will serve as the Project Manager. Together, they will provide the City with a professional approach, prompt service, and a high-quality product that will meet the requirements of CEQA and the California Environmental Quality Act (CEQA) Guidelines (State CEQA Guidelines). LSA can assure you that it will respond to any relevant issues or concerns that may arise, present options consistent with your goals, and preserve the priorities you have established.
The proposed project that is the subject of the IS/MND involves annexation of the area generally bounded by Jackson Street on the west, approximately 0.25 mile north of 51st Avenue on the north, Calhoun Street on the east, and 52nd Avenue on the south. In July 2023, the City adopted an Addendum to the General Plan adding this same area into the City’s Sphere of Influence (SOI). With that discretionary action, the City also adopted a new General Plan land use designation, Estate Rancho, which accommodates low intensity residential development in an estate or low-density suburban format, consistent with the land use designation and density previously identified in this area under the County’s General Plan. The scope of the proposed project involves annexing an area already in the City’s SOI and consistent with the land use designations. This proposal assumes that the City will provide supporting documentation demonstrating that the City has existing capacity to provide public services and utilities to the P7 area. As such, it is anticipated the proposed project would not result in significant and unavoidable environmental effects, and preparation of an IS/MND would be the appropriate CEQA documentation. The IS/MND will contain a discussion of each environmental topic contained in the Statewide CEQA Guidelines Appendix G. LSA’s proposed Work Program (Scope of Services, Project Schedule, and Project Budget) is attached.
Thank you in advance for your consideration of this proposal. Although every effort has been made to anticipate your needs, LSA welcomes the opportunity to discuss the details of its project approach in person. I confirm that this proposal will remain valid for 90 days. If you have any questions, please contact Amanda Durgen at (916) 905-3937 or [email protected], or Trevor Wimmer at (760) 536-8804 or [email protected].
If you are in agreement with the scope of services and estimated budget, please sign below and return a copy to LSA.
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4/22/24 «Z:\01-Proposals\01-Proposals by Year\2024\05 - Palm Springs\Coachella GP Update\Proposal\Annexation ISMND Proposal.docx» 2 Sincerely,
LSA Associates, Inc.
Amanda Durgen
Principal
Attachment: A: LSA’s Work Program
B: LSA’s Standard Contract Provisions and Billing Rates THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED (P7 Annexation: $33,629.40) CONSULTANT: CLIENT:
LSA Associates, Inc.
Company Company
Authorized Signature Authorized Signature
Amanda Durgen
Name Name
Principal
Title Title
April 22, 2024
Date Date
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
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ATTACHMENT A
LSA’S WORK PROGRAM
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
Z:\01-Proposals\01-Proposals by Year\2024\05 - Palm Springs\Coachella GP Update\Proposal\Annexation ISMND Proposal.docx «04/22/24» 1 LSA’S WORK PROGRAM
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.) – also known as the CEQA Guidelines – Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371).
Based on the information provided by the City, LSA is proposing the preparation of an IS/MND that will include an appropriate summary of impacts under the State CEQA Guidelines Appendix G. In accordance with the State CEQA Guidelines, should any significant unavoidable adverse impacts be identified, an IS/MND may not be the appropriate document. LSA would immediately appraise the City in the event that significant and unavoidable impacts are identified.
SCOPE OF SERVICES
The environmental work program presented below is based on LSA’s knowledge of the proposed project.
The following work tasks assume that the IS/MND is being prepared in order to address only the annexation that may result in significant new environmental impacts associated with the proposed project.
Task 1: Initial Study/Mitigated Negative Declaration
Subtask 1.1: Screencheck IS/MND
Based on information provided by City staff, LSA will prepare a Project Description defining the proposed project to be evaluated in the IS/MND.
LSA will prepare a Screencheck IS/MND utilizing data from City staff, including documentation demonstrating the City has sufficient capacity to provide public services and utilities to the P7 area. The IS/MND will summarize the results of the current technical data and provide sufficient substantial evidence to identify whether any significant environmental impacts would result from project implementation. The IS/MND will contain a discussion of each environmental topic contained in the Statewide CEQA Guidelines Appendix G. Based on LSA’s understanding of the proposed project, no new technical work is anticipated to be required due to the fact that the proposed project includes no specific ground-disturbing activities, and the scope for such work is not included in this proposal.
If, in the course of conducting the environmental analyses for the proposed project, it is determined that a higher level of environmental documentation is required (for example, if it is determined that the proposed project would result in significant unavoidable impacts), LSA will notify City staff immediately and meet with the project team to review the analysis findings and amend the scope and budget as necessary.
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
Z:\01-Proposals\01-Proposals by Year\2024\05 - Palm Springs\Coachella GP Update\Proposal\Annexation ISMND Proposal.docx «04/22/24» A-2 The Screencheck IS/MND will be submitted to City staff in Microsoft Word and Adobe Acrobat Portable Document Format (PDF) formats for review.
The budget included as part of the proposed Scope of Work assumes one set of consolidated comments (i.e., staff comments from different departments must be consolidated) will be provided by City staff to LSA. No more than one round of review and comment are assumed, with no substantial new comments or new analysis required for the second round of revisions.
Subtask 1.2: Public Review Draft IS/MND
LSA will make any minor necessary revisions to the Screencheck Draft (up to 30 hours of professional time) and prepare the public review IS/MND.
LSA will also prepare the Notice of Availability (NOA), Summary Form, and Notice of Completion (NOC) as supporting documentation needed for public review and completion of the IS/MND. If approved by City staff, LSA will post the Public Review Draft IS/MND, NOA, Summary Form, and NOC on the State Clearinghouse website to initiate the 30-day review by public agencies. This scope assumes the City will be responsible for any local mailers, newspaper postings, and or publications announcing the availability of the Public Review Draft IS/MND.
LSA will provide the IS/MND and supporting documents to the City in Microsoft Word and Adobe Acrobat PDF formats.
Subtask 1.3: Response to Comments/ Final MND and Notice of Determination LSA will review public and agency comments received on the IS/MND during the 30-day public review period and will prepare responses to CEQA comments and identify any necessary changes to the IS/MND in a memorandum format, as necessary. This scope and budget assume up to 24 hours to prepare responses to comments.
Should an unexpectedly large volume of comments be submitted, LSA will request an adjustment in the budget to cover work beyond the assumed level. LSA’s budget assumes one round of City review of the memorandum prior to preparing a final version. LSA will submit the Final IS/MND to City staff for Planning Commission recommendation and City Council approval. At this time, LSA will also prepare a revised and updated Mitigation Monitoring Reporting Program, as necessary.
Upon adoption of the Final IS/MND, LSA would provide the City with the Notice of Determination (NOD) for submission to the Riverside County Assessor-Clerk-Recorder. Although LSA would prepare the NOD, it is the responsibility of the City to file the NOD with the County Assessor-Clerk-Recorder, and LSA will post the NOD electronically to the State Clearinghouse CEQAnet website (https://ceqanet.opr.ca.gov/) on the City’s behalf. It will be the City’s responsibility to pay any applicable NOD fees, including CDFW fees, if applicable.
Task 2: Project Management and Meeting Attendance
This task includes regular and effective coordination among LSA’s Project Manager/Principal in Charge and City staff. The Project Management role provides a mechanism to ensure that there is an adequate exchange of information during project start-up and preparation of the IS/MND. This task includes notifying City staff of problems as they are encountered and working expeditiously to resolve problems
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
Z:\01-Proposals\01-Proposals by Year\2024\05 - Palm Springs\Coachella GP Update\Proposal\Annexation ISMND Proposal.docx «04/22/24» A-3 that may arise. Important elements of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with the project team. To facilitate dissemination of information, LSA’s Project Manager will maintain ongoing verbal and email communication with City staff.
LSA’s Project Manager will attend one (1) Planning Commission hearing and one (1) City Council hearing, if needed. A total of two meetings lasting no longer than three (3) hours each have been budgeted in this Scope of Work.
Any additional meetings beyond the two (2) meetings described above will be attended with the City’s prior written approval on a time-and-materials basis.
PROJECT SCHEDULE
Based on LSA’s understanding of the proposed project, preparation of the IS/MND can be completed within approximately 4.5 months. This schedule assumes timely receipt of necessary data from the City. LSA recommends that City staff and the LSA Project Manager review the attached schedule and make changes as necessary.
LSA assumes a shortened review time for City staff’s review of the Screencheck IS/MND in the project schedule. If more than one (1) round of review is required for the Screencheck IS/MND, or the comments received are more extensive than anticipated, the schedule and budget would need to be adjusted accordingly.
LSA will aggressively endeavor to keep the proposed project on track. LSA also commits to providing sufficient staff to be available for assignment to the IS/MND. The schedule in Table A, below, reflects a best effort to complete the proposed project in a timely manner, while at the same time providing the time and attention necessary to ensure that the highest-quality analysis and products are received. The schedule reflected in Table A assumes receipt of the requisite materials and mapping by the Notice to Proceed.
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
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Tasks Duration
TASK 1: IS/MND
Subtask 1.1: Screencheck IS/MND
Project Initiation 1 week
Preparation of Screencheck IS/MND 3 weeks
City Review of Screencheck IS/MND 2 weeks
Total 6 weeks
Subtask 1.2: IS/MND
LSA revisions to the Screencheck IS/MND; and
LSA preparation of a revised and updated MMRP, if
necessary
1 week
City review of IS/MND and MMRP; and
LSA final revisions to IS/MND and MMRP, if necessary
2 weeks
Public Review IS/MND 30 days
Response to Comments 2 weeks
Total 8 weeks
Subtask 1.3: Final IS/MND and NOD
Planning Commission Hearing 1 day
City Council Hearing 1 day
Preparation of the NOD 1 day
Total 3 days
Complete IS/MND Schedule 4.5 months
Note: Schedule is based on receipt of needed materials and mapping by the Notice to Proceed (NTP) date.
MMRP = Mitigation Monitoring and Reporting Program
NOD = Notice of Determination
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
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PROJECT BUDGET
LSA proposes to accomplish Tasks 1 and 2 as described in the Scope of Work for an estimated fee of $33,629.40 (Fee), as shown in Table B, below.
Table B: Fee Estimate By Task
Task Budget
Task 1: Initial Study/Mitigated Negative Declaration -
Subtask 1.1: Screencheck IS/MND $15,571.50
Subtask 1.2: Public Review Draft IS/MND $5,869.50
Subtask 1.3: Final IS/MND and Notice of Determination $7,266.00 Task 2: Project Management and Meeting Attendance $4,830.00 Labor Subtotal $33,537.00
Reimbursable Expenses $92.40
TOTAL $33,629.40
The Fee will not be exceeded without your authorization. This Fee is based on LSA’s past experience related to the level of effort needed to complete the environmental process while maintaining the client’s objectives and the legal adequacy of the work products.
BUDGET SPECIFICATIONS AND REIMBURSABLE COSTS
Direct costs (including outside vendors used for photocopying) are to be reimbursed at cost, unless other arrangements are made in advance, and are not included in the hourly fee for professional services provided above.
Reimbursable expenses include mileage for site visits, team meetings, public meetings, and internal printing costs. A summary of LSA’s work products anticipated are provided in Table C, below.
Table C: Project Deliverables
LSA’s Work Products Deliverable Quantities
Screencheck IS/MND 1 complete electronic copy (Microsoft Word and Adobe Acrobat PDF formats) Public Review Draft IS/MND and
MMRP
1 complete electronic copy (Microsoft Word and Adobe Acrobat PDF formats) Notice of Availability, Notice of
Completion, and Summary Form
1 complete electronic copy (Adobe Acrobat PDF format)
Final IS/MND 1 complete electronic copy (Microsoft Word and Adobe Acrobat PDF formats) Notice of Determination 1 complete electronic copy (Adobe Acrobat PDF format) LSA will file with the County Clerk and State Clearinghouse on the City’s behalf. The City will be responsible for all required filing fees and public notices.
Item 20.
P ROPOSAL TO P REPARE AN INITIAL S TUDY /MITIGATED
NEGATIVE DECLARATION
APRIL 2024
ANNEXATION OF P 7 AREA
C ITY OF C OACHELLA, C ALIFORNIA
Z:\01-Proposals\01-Proposals by Year\2024\05 - Palm Springs\Coachella GP Update\Proposal\Annexation ISMND Proposal.docx «04/22/24» 1
ATTACHMENT B
STANDARD CONTRACT PROVISIONS AND BILLING RATES
Item 20.
B-1
J U N E 2023 SC H E D U L E O F S T A N D A R D CO N T R A C T P R O V I S I O N S
A N D BI L L I N G R A T E S
W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2023 Update\StandardContractProvisions_ 2023.docx
ATTACHMENT B
SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed-Fee Contracts
If a fixed-fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal. Invoices will be generated on a monthly basis based on the percentage of work completed and/or an agreed-upon schedule of values.
The fixed fee includes all labor and expenses required to complete the defined scope of work. Any changes in the scope of work, significant delays, or additional tasks will be considered extra services.
Extra services shall be provided on a time-and-expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time-and-materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached or can be made available. Hourly rates are subject to review at least annually on or about June 1 of each year, and may be adjusted to reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon request.) Direct costs (including cost of subconsultants) shall be reimbursed at cost plus 10 percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional services.
The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client.
EXTRA SERVICES
Services provided by LSA under this Agreement are defined in the Scope of Services section of the attached proposal. The Scope of Services was created with the intent of executing the specific tasks and level of service requested by the client. Any additions, changes to the Scope, or substantial delays to the schedule as defined in the Scope will be considered extra services. Extra services shall be provided on a time-and-expenses basis at the hourly rates in effect when the extra service is provided unless other arrangements are made in advance. Extra services will be communicated to and authorized by the client prior to commencing work. Should an alteration to the Scope include removing tasks or reducing the scope of the level of service, LSA shall invoice for the work performed prior to receiving written notice of the change.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date. LSA will invoice the client using our standard invoicing format and will submit the invoice to the client via electronic mail. Clients requesting changes to LSA’s standard invoice or process for submittal may be billed additional time to develop the invoice and monthly administration of the billing.
Item 20.
B-2
J U N E 2023 SC H E D U L E O F S T A N D A R D CO N T R A C T P R O V I S I O N S
A N D BI L L I N G R A T E S
W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2023 Update\StandardContractProvisions_ 2023.docx
PAYMENT OF ACCOUNTS
Terms are net 30 days. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by the client.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. LSA will endeavor to maintain consistent staff on the project; however, unforeseen issues outside of our control such as employee illness, relocation, injury, or departure can occur. From time to time, unforeseen circumstances require us to replace project staff or project managers with other equally qualified staff in order to meet our commitments. The terms of this proposal are not contingent upon work being performed by named staff. LSA reserves the right to substitute equally qualified staff when necessary.
PROJECT DELAYS
The terms of this Proposal are based on the anticipated project schedule. In the event of unanticipated project delays, the scope of services may be subject to amendment, change, or substitution.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents, and representatives from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys’ fees, to the extent such claims, losses, damages, and expenses are caused by the indemnifying party’s negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. When transferring documents in electronic media format, LSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those of LSA at the beginning of the assignment.
FORCE MAJEURE
Neither party shall be deemed to be in default on account of any delays or failure to perform its obligations under this Agreement, which directly results from an act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, erroneous data provided to consultant, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
Item 20.
B-3
J U N E 2023 SC H E D U L E O F S T A N D A R D CO N T R A C T P R O V I S I O N S
A N D BI L L I N G R A T E S
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LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys’ fees and costs whether or not such action is prosecuted to judgment.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing and shall be deemed given when sent through electronic means, personally delivered or deposited in the mail, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered personally or electronically shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received 3 days after the date on which it was mailed.
TERMINATION OF CONTRACT
Either party may terminate this agreement with seven (7) days prior notice to the other party for convenience or cause. Consultant may terminate this Agreement for convenience or cause with 7 days prior written notice to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services, expenses, and other related charges.
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal.
LIMITS OF LIABILITY
LSA's liability to Client from any cause or combination of causes arising out of, or in connection with this Agreement, shall not exceed, in the aggregate, the greater of (i) the total Compensation actually received by Consultant under this Agreement, or (ii) Twenty Thousand Dollars ($20,000). The Client releases Consultant from any liability in excess thereof. The releases from liability and limitations on liability expressed in this Agreement shall apply even in the event of the fault, negligence, strict liability, or otherwise, of the party released or whose liability is limited and shall extend to the related entities of such party and its and their directors, officers, and employees.
CONFIDENTIALITY
The Parties agree that each shall treat confidentially the terms and conditions of this Agreement and all information provided by each party to the other regarding its business and operations. All confidential information provided by a party shall be used by any other party solely for the purpose of rendering or obtaining services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party.
The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required to be disclosed to any Regulatory Authority, or by judicial or administrative process or otherwise by Applicable Law.
Item 20.
B-4
J U N E 2023 SC H E D U L E O F S T A N D A R D CO N T R A C T P R O V I S I O N S
A N D BI L L I N G R A T E S
W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2023 Update\StandardContractProvisions_ 2023.docx
HOURLY BILLING RATES EFFECTIVE JUNE 2023
Job Classification
Hourly Rate
Range1,2 Planning Environmental Transportation Air/Noise Cultural/
Paleontological
Resources
Biology GIS
Principal Principal Principal Principal Principal Principal Principal $200–350 Associate Associate Associate Associate Associate Associate Associate $140–250 Senior
Planner
Senior
Environmental
Planner
Senior
Transportation
Planner/Engineer
Senior Air
Quality/Noise
Specialist/Noise
Engineer
Senior Cultural
Resources
Manager/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Senior GIS
Specialist
$130–230
Planner Environmental
Planner
Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Cultural Resources
Manager/
Archaeologist/
Architectural
Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil
Scientist/
Herpetologist/
Arborist
GIS
Specialist
$110–165
Assistant
Planner
Assistant
Environmental
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Cultural Resources
Analyst
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Assistant
GIS
Specialist
$105–135
Field Services
Senior Field Crew/Field Crew $85–120
Office Services
Graphics $125–150
Marketing $115–195
Office Assistant $100–140
Project Assistant $105–135
Research Assistant/Intern $75–100
Word Processing/Technical Editing $105–135
1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications.
2 Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA’s discretion at that time.
LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 2023
1 Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3.75 per sq ft Boat Rental Cost
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day GPS Unit $75.00 per day
1 Direct costs shall be reimbursed at cost plus 10 percent.
Item 20.
STAFF REPORT
5/8/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Authorize the City Manager to execute Professional Services Agreements with DeAztlan Consulting for On-Call Professional Consultant Services and Community Outreach Services of Existing Coachella Sphere of Influence.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute the attached Professional Services Agreement with DeAztlan Consulting for On-Call Professional Consultant Services and community outreach services for the existing Coachella Sphere of Influence (SOI).
BACKGROUND:
In 2021, the City established a list of qualified on-call Professional Consultant Services to assist with Project Management/Entitlements, Long Range Planning, Environmental Review Analysis, Fiscal Impact Analysis, Design Review, marketing, communications, community outreach and Landscape Architecture. DeAztlan Consulting is a professional marketing and community outreach consultant. The City has an increased need for on-call professional consulting services related to current marketing and community engagement efforts. Community engagement and support for annexation applications to the Riverside Local Agency Formation Commission (LAFCO) are required from municipalities and special districts.
DISCUSSION/ANALYSIS:
Attached to this staff report is a draft Professional Services Agreement for DeAztlan Consulting to provide on-call professional consultant services for a term of a year until March 1, 2026. The consultant will provide marketing and community outreach services to the City for long range planning within the existing SOI. A professional services agreement is included for preparation of community outreach and engagement services of the Pocket 7/Mesquite SOI and the Southern Airport SOI that will evaluate the support and impacts of potential annexations of the City of Coachella SOI.
ALTERNATIVES:
1. Continue this item and provide staff direction.
Item 21.
FISCAL IMPACT:
The fiscal impact of this action would immediately be $83,472 and would require an appropriation from the General Fund (Fund 101).
ATTACHMENT(S):
1. Professional Services Agreement (PSA) with DeAztlan Consulting for on-call services
2. Proposals – Community Engagement and Outreach Services for Pocket 7/Mesquite and Southern Airport SOI
Item 21.
80237.00000\34369633.1
BB&K (2021) -1- PROFESSIONAL SERVICES AGREEMENT–ON CALL
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 9th day of May, 2024, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 1515 6th Street, Coachella, California 92236, County of Riverside, State of California ("City") and DEAZTLAN CONSULTING with its principal place of business at 78115 Calle Estado, Suite 206, La Quinta, CA 92253 (“Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing marketing, community outreach and engagement services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the current planning project management, long range planning and fiscal analysis projects ("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 marketing and outreach consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”). The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 9, 2024 to March 1, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
Item 21.
80237.00000\34369633.1
BB&K (2021) -2- PROFESSIONAL SERVICES AGREEMENT–ON CALL
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in the amount of Eighty Three Thousand Four Hundred Seventy Two Dollars ($83,472). The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical
Item 21.
80237.00000\34369633.1
BB&K (2021) -3- PROFESSIONAL SERVICES AGREEMENT–ON CALL personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
Job Huerta, Operations Manager
Tizco DeAztlan, President
3.3.5 City's Representative. The City hereby designates Gabriel Perez, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Job Huerta, Operations Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such
Item 21.
80237.00000\34369633.1
BB&K (2021) -4- PROFESSIONAL SERVICES AGREEMENT–ON CALL licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, 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.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA
Item 21.
80237.00000\34369633.1
BB&K (2021) -5- PROFESSIONAL SERVICES AGREEMENT–ON CALL requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and 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.
Item 21.
80237.00000\34369633.1
BB&K (2021) -6- PROFESSIONAL SERVICES AGREEMENT–ON CALL
3.3.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE***]
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***]Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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BB&K (2021) -7- PROFESSIONAL SERVICES AGREEMENT–ON CALL (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): [***INCLUDE ONLY IF APPLICABLE; DELETE OTHERWISE***](1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they
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BB&K (2021) -8- PROFESSIONAL SERVICES AGREEMENT–ON CALL would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
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BB&K (2021) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel
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BB&K (2021) -11- PROFESSIONAL SERVICES AGREEMENT–ON CALL of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must
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BB&K (2021) -12- PROFESSIONAL SERVICES AGREEMENT–ON CALL include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: DEAZTLAN CONSULTING
78115 Calle Estado, Suite 206
La Quinta, CA 92253
ATTN: Job Huerta
City: City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Dr. Gabriel Martin, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
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BB&K (2021) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal
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BB&K (2021) -14- PROFESSIONAL SERVICES AGREEMENT–ON CALL action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be
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BB&K (2021) -15- PROFESSIONAL SERVICES AGREEMENT–ON CALL construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.7.22 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
3.7.22.1 Amendment(s)
3.7.22.2 This Agreement
3.7.22.3 Task Orders
3.8 Federal Provisions. [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP DUE TO FEDERAL FUNDING GUIDELINES.
CONSULT LEGAL COUNSEL IF NECESSARY***]When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL
SERVICES BETWEEN THE CITY OF COACHELLA AND
DEAZTLAN CONSULTING
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA DEAZTLAN CONSULTING
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Gabriel D. Martin, Ph.D.
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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BB&K (2021) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL EXHIBIT "A"
SCOPE OF SERVICES
Public-private partnerships
Marketing and Design
Community Engagement and Outreach
Project Monitoring Services
Community Meetings/Canvassing
EXHIBIT "B"
Item 21.
80237.00000\34369633.1
(BB&K 2017) Exhibit “D”-2
SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF COACHELLA [INSERT NAME OF CONSULTANT]
Dated: Dated:
By: By:
Item 21.
PROJECT
In collaboration with city staff, DeAztlan Consulting will provide outreach services to reach residents and property owners in areas west of city boundaries. The proposed services below are for a project timeline beginning on May 2024 through December 2024.
The outreach program includes the following:
COMMUNITY OUTREACH
PHASE 4
DIRECT MAIL CAMPAIGN
Four postcard mailers will be created and sent to all residents of the area with information on the community meetings. The mailer will provide information about the sphere of influence process, timeline, contact information, and the benefits of joining the City of Coachella’s Sphere of Influence.
COMMUNITY MEETINGS
DeAztlan Consulting in collaboration with city staff will support and organize monthly meetings.
These community meetings may consist of informative presentations, informal discussions, or other formats. DeAztlan Consulting will assist in the development of presentations and outreach materials in conjunction with city staff, to effectively communicate project details such as timelines, methods for providing feedback, the project's purpose, and other pertinent information regarding the sphere of influence process.
PERSON 2 PERSON
In order to increase community awareness for residents and property owners DeAztlan Consulting will also conduct person-to-person canvassing efforts for residents of the area and become available for one-on-one meetings to answer residents' questions.
ANNEXATION STRATEGY
DeAztlan Consulting will engage in strategy sessions with city staff to strategize and plan the pre- annexation phase, including identifying key stakeholders, outlining communication strategies, and developing timelines for milestones.
PROJECT MONITORING
Understanding that new information can greatly impact project efforts, the ability to be available to and in contact with City staff is integral. As such, DeAztlan Consulting will be available to participate in weekly progress meetings with city staff from May 2024 through December 2024. 1
Item 21.
TASK 1: DIRECT MAIL CAMPAIGN
SUBTASK 1.1: DESIGN POSTCARD MAILERS
- Develop content for each postcard (information about sphere of influence process, timeline, contact information, benefits of joining, QR code to survey, etc.) - Design visually appealing postcard layouts
- Print postcards for mailing
- Monitoring and management
SUBTASK 1.2: MAIL POSTCARDS
- Organize mailing list of all residents in the target area - Coordinate with postal services for bulk mailing
- Ensure timely delivery of postcards
- Monitoring and management
SUBTASK 1.3: MONITORING AND MANAGEMENT
- Track mailer delivery status and response rates for each mailing batch - Manage mailing lists, ensuring accuracy and compliance with privacy regulations - Analyze mailer engagement metrics and adjust campaign strategies as needed TASK 2: COMMUNITY MEETINGS
SUBTASK 2.1: ORGANIZE MONTHLY COMMUNITY MEETINGS
- Schedule meeting dates, times, and locations
- Arrange venues and logistics (seating, audio-visual equipment, etc.) - Invite community members, stakeholders, and relevant officials - Coordinate with city staff for meeting agendas and topics SUBTASK 2.2: DEVELOP PRESENTATION AND OUTREACH MATERIALS - Collaborate with city staff to create informative presentations - Design and produce outreach materials (brochures, flyers, handouts, etc.) - Prepare visual aids and multimedia content for presentations - Monitoring and management
SUBTASK 2.3: MONITORING AND MANAGEMENT
- Monitor attendance and participant engagement during each community meeting - Collect feedback and insights from meeting participants for continuous improvement - Manage meeting logistics, including location, and agenda coordination 2