Coachella City Council
December 11, 2024

Item 21.
9 agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.6 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. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

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

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.14 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.

Item 21.
10 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor 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.

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

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

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

Item 21.
11 3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Item 21.
12 CITY OF COACHELLA DESERT ELITE ELECTRIC &
CONSTRUCTION, INC.

By: ______________________________ By: _________________________ Gabriel D. Martin, Ph.D
City Manager
Attest:

Delia Granados
Deputy City Clerk
Approve as to Form:

Carlos Campos
City Attorney

Item 21.

A-1
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
Electrical maintenance and repair services for City parks, City building and Landscape Lighting and Maintenance District properties and improvements in those areas.

Item 21.

B-1
EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
Services for this maintenance agreement are as needed. Response times based on urgency of repair are as follows:
a. Emergency Repair: 1 hours
b. Non-Emergency Repair: 24-48 hours

Item 21.

EXHIBIT "C"

COMPENSATION

LICENSED ELECTRICIAN HOURLY COST -

APPRENTICE/HELPER HOURLY COST -

TRAVEL TIME EXPENSE FLAT RATE OR

TRAVEL TIME PER HOUR
$108.05 PER HOUR/
$96.78 PER HOUR
$25.00 PER TRIP
$0.00 PER HOUR
MATERIAL COST-20% MARKUP

Item 21.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Appointment of two Commissioners to the Coachella Youth Advisory Commission.

STAFF RECOMMENDATION:

Appointment of two Commissioners to the Coachella Youth Advisory Commission.

EXECUTIVE SUMMARY:

In July, Council action approval of Resolution No. 2024-25 approved compensation for the existing Youth Advisory Commission (YAC). This resolution allows YAC Commissioners to receive a $50.00 compensation per scheduled meeting; subject to the presence of a quorum. Since approval of Resolution 2024-25 the City has heavily marketed the opportunity through various outlets to Coachella youth. The YAC consists of ten (10) Coachella youth members that are enrolled in high school. Their duties shall include the following:
 Act in an advisory capacity to the city council in all matters involving young people in the City of Coachella.
 Work to anticipate the educational, recreational and cultural needs of the city’s youth.  Work to ensure the coordination of the community resources in order to improve the quality of life for all its youth.

On September 25, 2024 the City Council Appointed the following eight (8) Commissioners:
- Alejandro Cobos
- Sehwa Meza
- Libni Valle
- Ivan Mendez-Perez
- Christian Fausto
- Briana Lara-Saldivar
- Izabella Nunez
- Jade Arguelles
Since the YAC appointments in September, the City has received two additional YAC applications. Currently, the YAC does have two vacancies. Staff recommends the appointment of the two new applicants (Aaralyn Arriaga and Joshua Pulido) to the YAC.

Item 22.

FISCAL IMPACT:

None.

Attachments: Applications received (2)

Item 22.

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Item 22.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Authorize award of a Professional Services Agreement with Citiguard Inc. for Security Guard Services Project No. 082224, for $300,000.

STAFF RECOMMENDATION:

Authorize award of a Professional Services Agreement with Citiguard Inc. for Security Guard Services Project No. 082224, for $300,000.

EXECUTIVE SUMMARY:

A request for proposals (RFP) for security guard services was published and closed on September 23, 2024 at 2pm. The City received seven (7) responses. A three-member staff panel reviewed and scored all responses received. The final scores are depicted below and reflect the highest scoring proposal to be from Citiguard Inc.

Absolute
Internationa
l Security
America
n Global
Security
Citi Guard
Security
Services
Northwes
t
OPS
Securit
y
Platinu
m
Security
Power
Securit
y
Evaluator 1 79 74 91 64 55 62 53
Evaluator 2 75 75 100 55 45 35 30
Evaluator 3 85 70 95 55 55 45 40
Total 239 219 286 174 155 142 123
Staff recommends award to the highest scoring proposer, Citiguard Inc.

The City has contracted for security guard services since 2016 to deter acts of vandalism at various city facilities. Services to be provided through this agreement include patrol and support services at the following sites:

Item 23.
- City Parks; The contracted services would include locking all park restrooms every night, a total of eleven (11), and patrolling twelve (12) city facilities between 10pm to 6am every night.
- City Facilities (Library/Senior Center); The selected firm will continue to provide security guard services Monday–Friday at the Coachella Library and Coachella Senior Center. - LLMD; Patrol services will also continue to include evening patrols from 8pm–4am, Thursday–Sunday, to the following LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36.

Staff is recommending award of a professional services agreement to Citiguard Inc., in the amount not to exceed $300,000 during a one-year term, for the various services identified.

FISCAL IMPACT:

The recommended action will not have a fiscal impact as these funds were budgeted for in the submitted 2024/2025 fiscal budget.

Attachment:

Proposed Agreement

Item 23.
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CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT - Citiguard

1. PARTIES AND DATE.

This Agreement is made and entered into this 11th day of December, 2024, by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53-990 Enterprise Way, Coachella, California 92236 ("City") and Citiguard Inc., a corporation with its principal place of business at 22736 Vanowen St., Ste. 300 West Hills, CA 91307. ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Security Guard Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.3 Project. City desires to engage Consultant to render such services for the Security Guard Services Project Number 082224 ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Security Guard Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 1, 2025 to December 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. City alone (not the Consultant) shall have the option to extend the term of this Agreement for three (3) successive one (1) year periods (individually, "Subsequent Term" and collectively, "Subsequent Terms'') on the same terms and conditions asset forth in this Agreement

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(including, without limitation, the rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated by reference herein); provided however, that the amount of the total compensation, including authorized reimbursements, for any Services rendered in any Subsequent term(s) (if such Subsequent Term(s) is desired by City), shall not exceed the amount required to be appropriated by City, in its sole and absolute discretion. Such extension(s) shall be made by City providing written notice to Consultant. Consultant shall complete the Services within the applicable Term of the Agreement, and shall meet any other established schedules and deadlines as may be set by City staff on an on-call and as-needed basis from time to time.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, · unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Howard Fridkin.

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3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.

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

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,

Item 23.
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pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.

Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurl:!,llce Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) •Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability:

Workers' Compensation limits as required by the Labor Code of the State of California:

Employer's Liability limits of One Million Dollars ($1,000,000) per accident for bodily injury or disease.

3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultantshall provide endorsements on formssupplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, _ officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess,shallstand

Item 23.
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in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. • (C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment oflosses and related investigation costs, claims and administrative and defense expenses.

3.2.10.6 Acceptability oflnsurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

3.2.10.7 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy

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shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00) without written approval of City's City Council. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

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

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seg., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment

Item 23.
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of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place ofbusiness and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

City
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Maritza Martinez,
Public Works Director
Consultant
Citiguard
22736 Vanowen St., Ste 300
West Hills, CA 91307
Attn: Howard Fridkin,
Senior Security Consultant
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data • magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for • any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of.the Documents & Data at any time, provided that any such use not within the purposes intended by this-Agreement shall be at City's sole risk.

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

Item 23.
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3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

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

3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.9 of this Agreement.

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

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

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the

Item 23.
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prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall •acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 · Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff

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or termination. Consultant shall also comply with all relevant provisions of any City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE.]

Item 23.
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CITY OF COACHELLA Citiguard Inc.

By: ___________________________________ By: _________________________ Dr. Gabriel Martin, Ph.D
City Manager
Attest:

Delia Granados
Deputy City Clerk
Approve as to Form:

Carlos Campos
City Attorney

Item 23.

EXHIBIT "A"

SCOPE OF SERVICES

SPECIFICATIONS

1. General – The Vendor shall:

1.1 Have at least five (5) years of consecutive experience in the security guard/screening industry under the current company name, and must have experience in multi - government agency facility protection.

1.2 Agree and ensure that security personnel fully perform their duties in accordance with City imposed policies, procedures, and conditions for continued service at this account.

1.3 All assigned security personnel must pass a comprehensive pre-employment background/reference check. Vendor to absorb costs associated with such background/reference checks. The following are grounds for rejection for providing services to the City:

1.3.1 Any felony conviction.

1.3.2 Any conviction for a substance abuse (felony or misdemeanor).

1.3.3 Any misdemeanor conviction of a crime of violence.

1.3.4 Any misdemeanor conviction for theft or moral turpitude.

1.3.5 Any gang affiliation.

1.3.6 Any excessive record of arrests with few or no convictions.

1.3.7 Any current or pending criminal investigation in which the applicant is a suspect.

1.4 Ensure that security personnel possess the following minimum physical and mental capabilities:

1.4.1 Sufficient color perception to distinguish primary colors (red, blue, and yellow).

1.4.2 Ability to use both eyes with far vision correctable to 20/40 and near vision correctable to 13-16 inches.

1.4.3 Average hearing loss not in excess of 20 decibels (dB) and frequencies from 500 – 3000 cycles per second (cps). Use of a hearing aid is acceptable, as long as the device is in good working order and is in operation during the hours the security officer is on duty.

1.4.4 The full range of use of fingers, both hands, and both legs; the ability for rapid mental and muscular coordination simultaneously; and the ability to climb a ladder and perform other similar activities.

1.5 Ensure that security personnel have normal concern for their own physical safety and shall

Item 23.
take reasonable precautions not to place themselves in situations that would encourage violence or jeopardize the safety of other persons in the area.

1.6 Ensure the conduct and behavior of security personnel are beyond reproach. Security personnel are to be polite, cooperative, and able to work in harmony with one another, visitors, and with other City of Coachella employees.

1.7 Ensure that security personnel respond to subpoenas pertaining to any City account.

1.8 Schedule security coverage for vacations, holidays, unscheduled absences, and/or other unplanned occurrences. Any costs (including overtime) associated with scheduling vacations, holidays, and absences are the responsibility of the vendor. These costs must be included in the billing rate.

1.9 Immediately transfer/remove security personnel from the account at the City’s request. This includes the assigned Account Manager representing the Vendor.

1.10 Ensure that security personnel are fully aware of the political sensitivities that exist in a municipal government.

1.11 Provide strict key control policies for any and all government keys and key cards. Keys issued to the successful vendor are not to be duplicated. Should the successful vendor lose a set of keys, or should it be shown that duplication of the keys by the successful vendor has wrongfully occurred, the successful vendor must reimburse the City of Seattle for the actual cost of re-keying all locks, doors, and gates to the facility up to a maximum amount of $100,000.

1.12 Have a ready source of qualified individuals to perform the function and administer the employee selection and scheduling, billing, and administrative functions of the contract.

1.13 Maintain a reserve of immediately available alternates in the event a scheduled individual, because of illness or other reason, becomes unavailable to perform the functions of the position, so that no position is ever uncovered.

1.14 Ensure that security personnel have photo identification and attach it properly to their uniforms in a readily visible manner.

1.15 Ensure that security personnel give undivided attention to their duties and given responsibilities. Long, unnecessary conversations with other individuals shall be avoided.

1.16 Ensure that security personnel do not read, write, or study while on duty—except as may be required in connection with their duties and responsibilities.

1.17 Ensure that security personnel do not smoke or use other forms of tobacco products while on the job. These products are not allowed on City property.

1.18 Ensure that security personnel do not read unauthorized material, eat, or groom while in public view. Ensure that security personnel do not wear headphones, smoke, conduct personal calls, or bring visitors onto the work site.

1.19 Ensure that security personnel are equipped with the necessary equipment and supplies to properly perform his or her duties.

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1.20 Ensure that security personnel are not permitted to provide themselves with unauthorized personal equipment (e.g., firearms, chemical agents, knives, etc.).

1.21 Ensure that security personnel neither use nor have in their possession intoxicants and/or controlled substances on or near the job site. The odor of intoxicants and/or controlled substances on our about the vendor’s security and supervisory personnel shall cause the vendor to immediately remove the individual(s) from the job site.

1.22 Provide services as described. After three (3) failures by the vendor to comply with the terms of the contract within a contract year, the contract will be subject to immediate termination.

1.23 Ensure that security personnel comply with the duties and responsibilities as outlined in these specifications.

1.24 Ensure that all scheduling information is provided in military time (24-hour scale).

1.25 Agree and ensure that security personnel may be required to perform other duties as assigned on a permanent or temporary basis—regardless of the job description.

1.26 Ensure prompt replacement of security personnel in the event of illness or emergency.

1.27 Within ten (10) working dates after receiving notice that the Contract has been terminated, and as a condition of final invoice payment by the City to the Vendor, the Vendor shall provide a list of all employees that are providing such services to the City buildings and facilities, including the name, address, phone number, date of hire, and employment classification of each covered employee.

1.28 Ensure that security personnel keep their clothing neat, clean, and well pressed at all times.

Uniforms shall not have rips, tears, visible repairs, missing buttons, excessive tightness, or bagginess.

1.29 Ensure security personnel is equipped with a patrol vehicle that is in good condition, clearly marked, has security lights and global positioning system that is made accessible to City.

2. Scope of Work – Vendor Shall:
 Vendor shall designate an Account Manager who shall coordinate all issues relating to this contract, staffing, performance, etc., and will be the point of contact for the City. Vendor shall not replace the Account Manager unless prior written notice is given to and approved by the City
 Provide dispatch center services for all afterhours alarm calls 7 days a week, 365 days a year.  Provide two patrols of the following locations seven days a week, 365 days a year, between the hours of 2000 hours – 0600 hours:
 Bagdouma Park (six bathroom facilities)
a. 84599 Avenue 52, Coachella.
 Dateland Park (one bathroom facility)
a. 51805 Shady Lane, Coachella
 Veterans Park (one bathroom facility)
a. 1515 6th Street, Coachella
 Sierra Vista Park (one bathroom facility)

Item 23.
a. 50570 Calle Mendoza, Coachella
 Rancho De Oro Park (one bathroom facility)
a. 84600 Avenue 50, Coachella
 Rancho Las Flores Park (one bathroom facility)
a. 48-400 Van Buren Street, Coachella
 City Hall
a. 1515 Sixth Street, Coachella
 Corporate Yard
a. 53462 Enterprise Way, Coachella
 Coachella Civic Center
a. 53990 Enterprise Way, Coachella
 Sr. Center
a. 1540 7th Street, Coachella
 Coachella Library
a. Sixth Street, Coachella
 Well Sites (6)
 Provide patrols of the following locations weekly Thursdays-Sundays, 365 days a year, between the hours of 1800 hours – 0400 hours:
 LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36
 Provide security guard only (non-patrol services) for the following city facilities to ensure no loitering in or around city facilities.
 Senior Center
 City Library
 Vendor/Contractor shall develop a set of Post Orders documenting both general procedures as well as site-specific responsibilities. Post Orders shall be prepared prior to the commencement of the contract and must be reviewed and approved by the City’s representative within thirty (30) days from commencement of services to the City.  Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols. During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with.
 Park sites shall be completed first each night to allow locking and securing of all park restrooms every evening as close to 10pm as possible.
 Confirmation that the assigned patrols were performed using barcode scanning checkpoints/GPS.
 Provide each security officer with specialized training relating to the security requirements of this account.
 The vendor must ensure the stability of its workforce.  Submit personnel qualification summaries on all personnel proposed to be assigned to the City account. The personnel qualification summaries shall outline (in detail) the training and experience qualifications of each security officer (and account manager) proposed for use under the contract. Resumes must be for key personnel / positions only. For security officers,

Item 23.
include all training that they are required to have for the company (including State of California private security officer license).
 Ensure that security personnel remain awake and alert at all times. The vendor shall take appropriate disciplinary action in the event a security officer is found asleep (or appears to be asleep) while on duty.

2.9 Ensure that security personnel document any security incidents on incident report forms and provide electronic copies to the City. These forms should be used to document any damages noted including graffiti at any of the City facilities. Submit reports with appropriate documentation of all situations which are considered security breaches, incidents, and/or system failures.

3.0 Maintain security records for access logs, incident reports (along with police reports) for a minimum of three (3) years after the end of the calendar year. Daily logs shall be held for a minimum of one (1) year after the end of the calendar year. The Account Manager must develop and implement a paperwork management program.

3. Rate Increases:

Prior to each contract anniversary date thereafter, the Vendor may submit a price increase request, but in no case more frequently than once per year.

The Vendor is to demonstrate:
 Increases are within the changes to the CPI Index for Riverside County;  Clearly identify the items and/or job titles impacted by the increase;  Provide documentation acceptable to the City to warrant the increase;  And agree that contract prices shall remain firm for a minimum of 365 days after affecting the requested increase.

The request shall be considered and may be accepted or rejected. Failure to submit a price request at least 45-days prior to the contract anniversary date, shall result in a continuation of all existing pricing on the contract until the next contract anniversary date. The decision to accept any price increase will be at the sole discretion of the City.

4. On-Call Security Service: When the City requests service, there is an expectation that service will be provided, and in a very short time depending on the amount of coverage.

13.1 “On-call” services may consist of, but not be limited to, the following:
--- Fire watches
--- After hours meetings
--- Substation watches.
--- Special security watch due to threats.
--- Natural disasters.
--- Civil disturbances.
--- Event staff.
--- Political events.
--- Protests.
--- Vehicle patrols.
--- Foot patrols.
--- Traffic Control Services.
--- General (standard service).

Item 23.

EXHIBIT “B”

SCHEDULE OF SERVICES
 Provide two patrols of the following locations seven days a week, 365 days a year, between the hours of 10pm – 6am:
 Bagdouma Park (six bathroom facilities)
a. 84599 Avenue 52, Coachella.
 Dateland Park (one bathroom facility)
a. 51805 Shady Lane, Coachella
 Veterans Park (one bathroom facility)
a. 1515 6th Street, Coachella
 Sierra Vista Park (one bathroom facility)
a. 50570 Calle Mendoza, Coachella
 Rancho De Oro Park (one bathroom facility)
a. 84600 Avenue 50, Coachella
 Rancho Las Flores Park (one bathroom facility)
a. 48-400 Van Buren Street, Coachella
 City Hall
a. 1515 Sixth Street, Coachella
 Corporate Yard
a. 53462 Enterprise Way, Coachella
 Coachella Permit Center
a. 53990 Enterprise Way, Coachella
 Senior Center
a. 1540 7th Street, Coachella
 Coachella Library
a. 1500 Sixth Street, Coachella
 Cesar Chavez & 6th Street Park
a. Cesar Chavez & Sixth Street
 Well Sites
a. 6 sites
 Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols. During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with.
 Park sites shall be completed first each night to allow locking and securing of all park restrooms every evening as close to 10pm as possible.
 Provide patrols of the following locations weekly Thursdays-Sundays, 365 days a year, between the hours of 1800 hours – 0400 hours:
 LLMD areas: 16, 17, 20, 25, 29, 30, 31, 32, 33, 36
 Provide security guard only (no vehicle patrol) for the following city facilities to ensure no loitering in or around city facilities.
 Senior Center
 City Library

Item 23.

EXHIBIT “C”

COMPENSATION
Total Agreement Award Not to Exceed $300,000.00
 Facility Patrol Services (no vehicle); Library, Senior Center o Security Guard Services Hourly Rate: $28.00
o Annual Not to Exceed Amount: $125,000.00
 Park and LLMD Patrol Services (with vehicle)
o Security Guard Services Hourly Rate: $32.00
o Annual Not to Exceed Amount: $175,000.00
Additional On Call Services Available

Item 23.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Director
SUBJECT: Proposal for on-call Professional Services with Dudek in the amount of $31,120.00 for Coachella Sanitary District Sewer System Management Plan (SSMP) Audit.

STAFF RECOMMENDATION:

Authorize the City Manager to use the on-call Professional Service Agreement with Dudek in the amount of $31,120.00 for the Coachella Sanitary District 2024 Sewer System Management Plan (SSMP) Audit.

BACKGROUND:

The City of Coachella sewer system also known as the Coachella Sanitary District consists of sewers that collect local flows generated from the City’s residential, commercial, and industrial areas and other areas outside the city limits and discharge to the City’s wastewater treatment plant on Avenue 54 with a capacity of 4.5 million gallons per day.

The Coachella Sanitary District’s collection system includes about 100 miles of sanitary sewers ranging in size from 4 inches to 54 inches in diameter. The system has about 1,700 manholes and two main pump stations.

DISCUSSION/ANALYSIS:

As a requirement of the reissued State Water Resource Control Board (State Water Board) Waste Discharge Requirements (WDR Order WQ 2022-0103-DWQ), which became effective on June 5, 2023, each public agency that owns or operates a sanitary sewer system must maintain an up-todate SSMP and auditing program and report all spills to the State Water Board online database, also known as the California Integrated Water Quality System (CIWQS). This program aims to provide a consistent statewide requirement for notification and reporting of spills and sewer system management to reduce both the number of spills and the volume of wastewater spilled in the State.

As a requirement of the State Water Board, the SSMP must undergo an internal audit every three (3) years and must be updated every six (6) years to include any significant program changes. The Coachella Sanitary District has not yet performed internal audits of its SSMPs. The Coachella Sanitary District next audit is due within six months of August 2024 or no later than February 2,

Item 24.
2024. Following State Board guidelines, the SSMP isintended to be a parent document, documenting the protocol or standard operating procedure for various services and programs required to establish, operate, and maintain a sanitary sewer system. Internal audits are used to assess an agency's SSMP implementation and the effectiveness of the SSMP itself. The audit proposed for this project will investigate whether modifications to the Coachella Sanitary District current SSMP procedures and/or implementation are needed. It will also inform the changes that need to be made to the District's next SSMP Update, which will be due August 2, 2025.

FISCAL IMPACT:

No Fiscal Impact. The cost has been approved in the FY 24/25 Operations Budget for Professional Services/Contract Services, no additional allocation needed.

ATTACHMENTS:

1. Dudek Proposal

Item 24.

Sewer System Management Plan 2024 Audit i
Cover/Transmittal Letter
October 1, 2024
Castulo Estrada
Utilities Manager
Coachella Sanitary District
87075 Avenue 54
Coachella, California 92236
Subject: Coachella Water District and Sanitary District: Sewer System Management Plan 2024 Audit
Dear Castulo Estrada:

Dudek appreciates the opportunity to provide the following proposal to the Coachella Sanitary District (District) for the above-referenced project. The following sections of this proposal outline Dudek's understanding, approach, scope of services, experience in completing SSMPs, proposed
team, fee estimate, and schedule for this project.

Dudek states that this proposal and fee are valid 90 days from the above submission date.

The Proposal Authorization follows this page. Bob Ohlund, Dudek Vice President of Engineering, is authorized to bind the firm.

We appreciate the District's consideration of our proposal to provide consulting services for the Sanitary Sewer
Management Plan Audit. We hope that our proposed project approach, highly experienced team, and relevant
experience will favor your consultant selection. If you have any questions or wish to discuss our qualifications, don't hesitate to contact Servando Diaz at 949.373.8327 or
[email protected].

Sincerely,
_____________________________________
Servando Diaz, P.E.

Project Manager

DUDEK AT A GLANCE
 Multidisciplinary
environmental and
engineering services
 Founded in 1980
 12 California offices
 900+ employees
 100% employee-owned
 Top 110 U.S. Environmental
Firms (Engineering NewsRecord, 2023)
 Top California Design Firm,
No. 54 (Engineering NewsRecord, 2023)
 Top 47 Trenchless Design
Firm (Trenchless
Technology, 2023)

Item 24.

Sewer System Management Plan 2024 Audit ii
Table of Contents

SECTIONS
Cover/Transmittal Letter ........................................................................................................................................................... i Project Approach and Scope of Services .............................................................................................................................. 1 Project Team and Organizational Diagram ........................................................................................................................... 3 Similar Projects and References ............................................................................................................................................ 5 Project Schedule ...................................................................................................................................................................... 8 Estimated Level of Effort per Scope Task ............................................................................................................................. 8 TABLE

1. Project Team ............................................................................................................................................................... 4 FIGURE

1. Project Organization Chart ........................................................................................................................................ 3

APPENDIX
A Resumes

Item 24.

Sewer System Management Plan 2024 Audit 1
Project Approach and Scope of Services
Project Understanding and Approach
As a requirement of the reissued State Water Resource Control Board (State Water Board) Waste Discharge Requirements (WDR Order WQ 2022-0103-DWQ), which became effective on June 5, 2023, each public agency that owns or operates a sanitary sewer system must maintain an up-todate SSMP and auditing program and report all spills to the State Water Board online database, also known as the California Integrated Water Quality System (CIWQS). This program aims to provide a consistent statewide requirement for notification and reporting of spills and sewer system management to reduce both the number of spills and the volume of wastewater spilled in the State.

As a requirement of the State Water Board, the SSMP must undergo an internal audit every three (3) years and must be updated every six (6) years to include any significant program changes. The State specifies the dates for each audit and update, which can be looked up for your particular agency here: https://www.waterboards.ca.gov/water_issues/programs/sso/lookup/. The District has not yet performed internal audits of its SSMPs. The District's next audit is due within six months of August 2024 or no later than February 2, 2024.

Following State Board guidelines, the SSMP is intended to be a parent document, documenting the protocol or standard operating procedure for various services and programs required to establish, operate, and maintain a sanitary sewer system. Internal audits are used to assess an agency's SSMP implementation and the effectiveness of the SSMP itself.

The audit proposed for this project will investigate whether modifications to the District's current SSMP procedures and/or implementation are needed. It will also inform the changes that need to be made to the District's next SSMP Update, which will be due August 2, 2025.

Scope of Work
TASK 1: PROJECT MANAGEMENT
In addition to general project budget and schedule controls, Dudek assumes one kickoff meeting and three (3) status meetings for this project.

Assumptions
 The fee assumes one kickoff meeting and three (3) status meetings.  All meetings are assumed to be virtual via Zoom or similar.

Deliverables
 Meeting agendas
 Meeting minutes
 Updated schedules
 Monthly progress reports

Item 24.

Coachella Sanitary District: Sewer System Management Plan 2024 Audit 2 TASK 2: DATA REVIEW AND ASSESSMENT
Dudek proposes a comprehensive review of the District's current SSMP, any past SSMP audits, historical spill reports, system performance metrics, goals accomplished during the audit period, O&M accomplishments, current budgets (FOG, O&M), training records, updated enhanced maintenance area list, legal District and organizational structure and other relevant documents and data to support the audit of the current SSMP and conformance to the reissued WDR.

Dudek will interview key District staff to solicit their assessment of the program's performance and recommendations they may have for improvement. Dudek finds these interviews most valuable when done in a group setting, as this often instigates meaningful conversations between staff members and upper management that may not happen otherwise.

Assumptions
 Data is readily available to aid in meeting project deliverable timelines.  All interviews will occur virtually via Zoom or similar.

Deliverables
 Ongoing and updated data request list to track data requests.  Results of interviews will inform the audit and recommendations for the next SSMP Update.

TASK 3: DRAFT AND FINAL AUDIT REPORT
Draft and final audit reports will be prepared that detail the audit findings, including existing performance metrics and recommendations for improvement. A draft audit will be provided to the District for review and comment. District comments will be incorporated into the final audit report.

The audit will include a checklist of recommendations to support the District in making the necessary modifications indicated in the report and a list of recommended changes to comply with the reissued 2022 WDR.

The final audit report will be submitted to the District for uploading to the CIWQS website.

Assumptions
 District to provide one set of consolidated comments on the Draft SSMP Audit report.

Deliverables
 Draft and Final SSMP Audit reports in electronic format

Item 24.

Sewer System Management Plan 2024 Audit 3
Project Team and Organizational Diagram
Proposed Project Team
Dudek proposes to utilize the following in-house personnel for the Sanitary Sewer Management Plan Audit project. Servando Diaz, PE, will serve as Project Manager throughout the project. He will oversee the development and execution of the project, track the budget and schedule, and serve as the main point of contact for the District’s project manager. Mr. Diaz has 15 years of experience in water infrastructure and planning and has personally performed SSMP Audits and Updates over the last year. Supporting Mr. Diaz in the project engineer role is Julia Arvizu, who has two years of experience working with Mr. Diaz and Ms. Caliva.

Elizabeth Caliva, PE, will support Mr. Diaz as Principal in Charge and provide Quality Control leadership. Ms. Caliva has 19 years of experience in master planning and has personally performed SSMP Audits and Updates for over seven years. Servando and Elizabeth will facilitate the flow of information and deliverables among the team and with the District project manager.

Figure 1. Project Organization Chart
This team has the expertise and technical resources necessary to provide the required services, as shown in Table 1 on the following page. All staff are fully available and committed to this project's extent.

Item 24.

Coachella Sanitary District: Sewer System Management Plan 2024 Audit 4 Table 1. Project Team
Team Member &
Role
Years of
Experience
Familiarity with Project Work
Servando Diaz, PE
Project Manager
Office Location: Mission
Viejo
Availability: 50%
15  Santa Ana Watershed Project District SSMP Audit
 City of El Centro SSMP Audit & Update
 Recent 2022 WDR Online Trainings
Elizabeth Caliva, PE
Principal in
Charge/QA/QC
Office Location: Encinitas
Availability: 25%
19  City of Compton SSMP Audit & Update (ongoing)
 Santa Ana Watershed Project District SSMP Audit
 Victor Valley Wastewater Reclamation District SSMP
Audits (2022 and 2024)
 City of El Centro SSMP Audit & Update
 City of Placentia SSMP Audit & Update
 WMWD and WRCRWA SSMP Audits and Updates
 City of Pasadena SSMP Update
 City of San Marino SSMP Update & SERP Update
 City of Avalon SSMP Audits
 City of Monterey SSMP Audits
 Town of Apple Valley SSMP Audit
Julie Arvizu
Project Engineer
Office Location: San Diego
Availability: 65%
2  City of Compton SSMP Audit & Update (ongoing)
 Victor Valley Wastewater Reclamation District SSMP
Audit (2024)
 City of El Centro SSMP Audit & Update
 Recent 2022 WDR Online Trainings
Proposed Lines of Communication
The most effective project manager facilitates the continuous flow of information, data, instructions, and guidance between the District and Dudek team members. When maintaining this flow, we utilize resources efficiently and minimize wasteful rework. We achieve constant communication through the following:
 Regularly calling or emailing the District's key contact staff person to discuss project milestones, activities, and potential issues
 Holding regular project management meetings with key project staff to coordinate work efforts, monitor task completion, and review budget conformance  Updating, as necessary, the project description, schedule, work progress reports, and inventories of available data so that all team members are aware of information that may affect their work products and schedules
 Meeting with District staff at design milestones and other strategic junctures  Diligent documentation of issues, action items, and decisions

Item 24.

Sewer System Management Plan 2024 Audit 5
Similar Projects and References
Dudek has been at the forefront of WDR compliance and SSMP preparation since before the final WDR was even promulgated. Dudek sat on the steering committee that assisted the State Water Board draft the original order into something the regulated community could comply with. We assisted agencies with preparing the first SSMPs and first SSMP audits. As such, engineers at Dudek have completed numerous updates to and audits of our client's SSMPs since the inception of the SSMP. Examples of recent experience are included herein.

CITY OF EL CENTRO SSMP AUDIT AND UPDATE AND SPILL MONITORING PLAN Client: City of El Centro, 307 W. Brighton, El Centro, CA 92243 Reference: Abraham Campos, City Engineer, 760.337.5182, [email protected] Key Team Members: Russ Bergholz, Elizabeth Caliva, Servando Diaz, Shannon Brown Cost: $71,740 (SSMP Audit and Update) and $36,995 (Spill Monitoring Plan) Completion Date: 3/2024
The City of El Centro (City) sewer collection system consists of over 125 miles of gravity sewer, 13 lift stations, and a wastewater treatment plant. The City had never formally adopted its SSMP and was behind on its audits. An audit was performed to evaluate their current SSMP and operations against the requirements in the reissued WDR. Additionally, the audit recommended revisions to the City's SSMP to comply with the latest WDR. A comprehensive review and staff interviews were conducted during this audit process. Recent management changes supported a more significant commitment to consistency with sewer system management. The audit produced a checklist with several key recommendations and modifications. The recommendations were brought forward into the City's SSMP Update, which did receive Council approval. The Dudek Stormwater group also developed a new spill monitoring plan to satisfy the Spill Emergency Response Plan requirements of the reissued WDR.

Item 24.

Coachella Sanitary District: Sewer System Management Plan 2024 Audit 6 VICTOR VALLEY WASTEWATER RECLAMATION DISTRICT 2022 AND 2024 SSMP AUDITS Client: Victor Valley Wastewater Reclamation District (VVWRA), Victorville, CA 92394 Reference: Latif Laari, Environmental Compliance Manager, 760.954.5083, [email protected] Key Team Members: Russ Bergholz, Elizabeth Caliva, Servando Diaz Cost: $22,400 (2022 Audit) and $16,750 (2024 Audit)
Completion Dates: 12/2022 (2022 Audit) and 7/2024 (2024 Audit) Dudek supported VVWRA with their 2022 and 2024 Audits.

VVWRA operates a regional trunk sewer system for four
member agencies consisting of 47 miles of pipeline from 8- to 48 inches in diameter. The scope included a
comprehensive review of the District's current SSMP, past SSMP Audits, goals, O&M activities, budgets, training
records, legal District, and other documents. Staff
interviews were conducted with key staff, including the general manager, supervisors, and operations and
maintenance workers, to solicit their assessment of the program's performance and to make recommendations for
improvement. The 2022 audit resulted in key
recommendations, which the District implemented during
the most recent Audit period. Dudek just completed the
District's 2024 Audit in July 2024.

WESTERN MUNICIPAL WATER DISTRICT AND WESTERN RIVERSIDE COUNTY REGIONAL WASTEWATER DISTRICT 2019 SSMP AUDITS AND UPDATES
Client: Western Municipal Water District and Western Riverside County Regional Wastewater District, Riverside, CA 92518
Reference: Lyndy Lewis, Environmental and Regulatory Compliance Manager, 951.571.7288, [email protected]
Key Team Members: Russ Bergholz, Elizabeth Caliva
Cost: $59,000 (Combined)
Completion Date: 6/2021
WMWD operates two collection systems—its system (the "Western system") and the system owned by the Western Riverside County Regional Wastewater District (WRCRWA) joint powers District (the "WRCRWA system"). Because Western operates both systems, there is significant overlap in the procedures and processes used to implement the SSMPs. As part of this contract, Dudek performed audits and updates for each system and updated stand-alone reference documents, including the Overflow Emergency Response Plan, FOG Program, and the Collection System Maintenance Standard Operating Procedures. This contract also included the development of completed Sewer Collection System Pre-Inspection Questionnaires for each agency. The project included workshops with District staff and coordination between multiple departments. Work was completed on time and under budget.

Item 24.

Coachella Sanitary District: Sewer System Management Plan 2024 Audit 7 CITY OF MONTEREY 2019 AND 2021 AUDITS
Client: City of Monterey, 580 Pacific Street, Monterey, CA 93940 Reference: Tricia Wotan, Environmental Regulations Manager, 831.646.3895 Key Team Members: Russ Bergholz, Elizabeth Caliva
Cost: $18,790 (2021 Audit)
Completion Date: 5/2021
Dudek performed the SSMP audits for the City of Monterey for 2019 and 2021. Tasks included reviewing the City's current SSMP, reviewing SSO-related documentation (e.g., spill histories, preventative operations, maintenance plans, maintenance records, collection system upgrade/rehab reports, budgets, training records, etc.), interviewing City personnel, and drafting the audit report, including recommendations for improvement. The project was completed on time and budget.

Item 24.

Sewer System Management Plan 2024 Audit 8
Project Schedule
We estimate the following milestones for the tasks described in the Scope of Work.

Milestone Tentative Date
Notice to Proceed 10/28/24
Data Review 10/28/24 – 11/11/24
Kickoff Meeting 11/05/24
Staff Interviews 11/12/24
Submit Draft Audit 12/10/24
Receive City Review Comments on Audit 12/27/24
Submit Final Audit 1/10/25
Estimated Level of Effort per Scope Task
The Fee Proposal, included in Attachment A, presents Dudek's estimated level of effort and the associated fee.

Item 24.

City of Coachella ATTACHMENT A
SSMP 2024 AuditDUDEK FEE ESTIMATEOctober 1, 2024
Project Team Role: PIC - QA/QC
Project
Manager
Project
Engineer Admin
Team Member: E. Caliva S. Diaz J. Avizu M. Kinney TOTAL

DUDEK DUDEK LABOR OTHER DIRECT
Billable Rate : $265 $240 $180 $155 HOURS COSTS COSTS TOTAL FEE Task 1 Project Management

1.1 Kick Off Meeting (Virtual) 2 4 2 8 1,850$ 1,850$

1.2 Virtual Status Meetings (3 Assumed) 6 3 9 1,980$ 1,980$ 1.3 Project Management 4 2 6 1,270$ 1,270$ Subtotal Task 1 2 14 5 2 23 $ 5,100 $ - $ 5,100
Task 2 Data Review & Assessment

2.1 Review of Current SSMP, Audits, SOPs, Spill Reports, Regulations, etc. 4 20 24 48 10,180$ 10,180$

2.2 Comparison against Resissued WDR 8 16 24 4,800$ 4,800$

2.3 Operations Staff Interviews (Virtual) 8 8 16 3,360$ 3,360$ Subtotal Task 2 4 36 48 88 $ 18,340 $ - $ 18,340 Task 3 Draft and Final Audit Report

3.1 Draft Audit (Basic) 2 8 16 2 28 5,640$ 5,640$

3.2 Final Report 2 2 4 2 10 2,040$ 2,040$
Subtotal Task 3 4 10 20 4 38 $ 7,680 $ - $ 7,680
Total Non-Optional Hours and Fee 10 60 73 6 149 $ 31,120 $ - $ 31,120 Percent of Hours: 7% 40% 49% 4% 100% Dudek Labor Hours and Rates

Item 24.

Appendix A
Resumes

Item 24.
1 Elizabeth Caliva, PE

PRINCIPAL AND QA/QC
Elizabeth Caliva is a professional engineer with 19 years’ experience specializing in water, wastewater, and recycled water planning projects. Ms.

Caliva has extensive hydraulic modeling experience and is proficient in several modeling sofware packages, the most commonly used being InfoWater, InfoSewer, and InfoSWMM by Innovyze and Bentley’s WaterCAD and SewerCAD.

In addition to planning studies and master plan projects, her background includes Sanitary Sewer Management Plans (SSMPs) and SSMP audits, treatment plant design, pump station design, sewer pipe line design, urban stormwater compliance, and federal environmental cleanup.

Project Experience
Sanitary Sewer Management Plan Update, Western Municipal Water District, Riverside, California. Served as project manager. Western Municipal Water District operates two collection systems: its system (the “Western system”) and the system owned by the Western Riverside County Regional Wastewater Authority joint powers authority (the “WRCRWA system”). Because Western operates both systems, there is significant overlap in the procedures and processes used to implement the SSMPs. Dudek supported the District in updating its SSMPs for the Western and WRCRWA systems. As part of the update process, audits were performed on both systems’ SSMPs to better identify recommendations and modifications to the 2019 updates.

Sanitary Sewer Master Plan Update, City of Placentia, California. Ms. Caliva performed modeling for the project, which included hydraulic model development, calibration, evaluation, and CIP development for the 84-mile sewer collection system for the City. The system, which comprises 44 separate sewer sheds and contains interties with other agencies, was modeled in InfoSewer to check for capacity deficiencies and improvements associated with the redevelopment of the transit-oriented development zone.

SSMP Audits, Various Clients, California. Served as project manager responsible for leading audits of SSMPs for the City of Placentia (2018), the City of Avalon (2015, 2017, and 2018), and the Town of Apple Valley. The projects included a review of the Cities’/Town’s SSMPs review of sanitary sewer overflow–related documentation (e.g., spill histories, preventative operations and maintenance plans, maintenance records, collection system upgrade/rehabilitation reports, budgets, and training records), interviews with City/Town personnel, and development of the audit reports, which included recommendations for improvement.

Sewer Master Plan and GIS Update, City of Chino, California. Project Manager. Dudek is in the process of updating the City of Chino’s Sanitary Sewer Master Plan and providing a comprehensive geographic information system (GIS) update. The City’s sewer collection system consists of more than 220 miles of gravity pipeline, 4,200 manholes, one sewer lift station (with one more currently in construction), and approximately 2,500 feet of sewer force main. With anticipated growth projected at over 20% by 2035, the City is in a unique position among more built-out cities in the region: It needs to focus heavily on both condition assessment of aging sewer system assets Education
University of California,
Berkeley
MS, Water Resources and
Water Quality
Engineering, 2003
BS, Environmental
Engineering, 1999
Certifications
Professional Civil
Engineer (PE),
CA No. 64331
Professional Affiliations
WateReuse Association

Item 24.
2 and capacity analysis to accommodate future growth. The study includes hydraulic model development, flow monitoring, and manhole surveys. Dudek will evaluate existing and future sewer system capacity and assess conditions for developing a phase capital improvement program (CIP). Additionally, Dudek’s GIS department will create a dynamic GIS database to be leveraged for multiple operational and project-planning purposes, including integration into an asset management system.

Citywide Wastewater System Master Plan, City of Redlands, California. Project Manager. Dudek is supporting the City of Redlands in an update to its 1998 Sewer Master Plan. The city’s wastewater collection system includes a sewer pipeline that is 240 miles long and has one sewer lift station. Wastewater is treated at a City-owned 9.5 million gallons per day (mgd) wastewater treatment plant that utilizes two parallel treatment systems: a 6.0 mgd membrane bioreactor treatment process and a 3.5 mgd conventional process. This master plan update will result in a new hydraulic model, an updated capacity analysis of the City’s collection system, a process evaluation of the wastewater treatment plant, and a list of recommended CIP projects for the long-term reliability of the City’s wastewater system.
2020 Riverside Facilities Master Plan, Western Municipal Water District, California. Water/Recycled Systems Task Lead. Dudek’s goal for the project is to develop a clear and usable document that addresses the short- and longterm needs associated with the District’s potable water, sewer, and recycled water systems within its Riverside service area. The project includes review and validation of the District’s water and recycled water hydraulic models, construction and calibration of a sewer hydraulic model, review and evaluation of the capacity of the District’s treatment facilities, and development of a program environmental impact report and financial strategy to update connection and capacity charges. Potable water, recycled water, and wastewater collection system CIP projects will be integrated, and their timing will be based on growth projections. Dudek is developing a browserbased tool to track the CIP and evaluate project triggers to forecast and update project timing.

Wastewater Master Plan and Condition Assessment, City of San Marino, California. Served as project manager.

The City of San Marino needed assistance understanding its sewer collection system needs and establishing its first sewer master plan. The City is completely built out; therefore, Dudek’s work focused on the condition assessment of pipelines and lift stations rather than capacity analysis. The pipeline condition assessment work included a review of approximately 20 miles of pipeline (40% of the system) and identifying areas needing rehabilitation, primarily consisting of cured-in-place pipe lining of aging sewer pipelines. The lift station condition assessment work included site visits and inspections of three lift stations. Redundancy, bypass improvements, and frequent maintenance schedules were recommended in the sewer master plan. An updated SSMP was developed as part of this project, which focused on improving procedures for reducing sanitary sewer overflows in the collection system.

Wastewater Treatment and Collection System Master Plan, Crestline Sanitation District, California. Served as task lead, leading the development and analysis of the District’s wastewater collection for the project. A hydraulic model for the District’s 73 miles of gravity sewer and two lift stations was developed in InfoSewer. Flow monitoring was performed, and the resultant data was used to calibrate the model within 5% of field conditions. Project buildout loading was estimated using flow generation factors and District development data. The model analyzed both current and build-out peak dry and peak wet weather (25-year storm) loading conditions to assess current and future capacity limitations in the system. A master plan report was developed, which presented findings and provided recommendations for CIP development.

Item 24.
1 Servando Diaz, PE

PROJECT MANAGER AND POINT OF CONTACT
Servando Diaz is a senior engineer with 16 years’ experience focused on water, wastewater, and recycled water projects, with an emphasis on infrastructure planning and improvements. Mr. Diaz’s project experience includes pipelines, pump stations, treatment facilities, and reservoirs. He has been involved in all stages of the engineering process, from conceptual planning, preliminary design, and final design to construction assistance services.

Project Experience
Sanitary Sewer Management Plan Audit, Santa Ana Watershed Project Authority, Riverside, California. Served as project engineer for the development of an internal audit to assess the Agency’s implementation of its SSMP, as well as the effectiveness of the SSMP itself per the 2022 updated General WDR for sanitary sewer systems. The audit investigated and recommended modifications to the Agency’s current SSMP procedures and implementation.

The final audit was used to inform the changes to made to the Agency’s next SSMP update, in addition to the new WDR changes.

SSMP Audit and Update, City of El Centro, California. Served as project engineer for the revision of El Centro’s Sanitary Sewer Management Plan (SSMP) per the 2022 updated General Waste Discharge Requirements (WDR) for sanitary sewer systems. As part of the update process, an internal audit was used to assess the City’s implementation of its SSMP, as well as the effectiveness of the SSMP itself. This audit investigated and recommended modifications to the City’s current SSMP procedures and implementation. The final audit was used to inform the changes made to the City’s SSMP Update, in addition to the new WDR changes.

The update focused on improving the City’s spill tracking and preventative maintenance program.

Capital Improvement Program Development, Joshua Basin Water District, Joshua Tree, California. Served as project engineer for the development of a District-wide water system Capital Improvement Program document that details individual project descriptions and cost estimates for improvements to 13 reservoirs, 8 booster pump stations, and 5 wells and the construction of two new reservoir tanks with access roadway upgrades to all sites.

Capital Improvement Plan, Olivenhain Municipal Water District, Encinitas, California. Part of the project team for the Capital Improvement Plan for the 4S Ranch and Rancho Cielo wastewater systems. The Capital Improvement Plan identified capital projects through asset management, condition assessment, operational evaluation, and failure modes and effects analysis. The project identified over 70 projects, from annual replacement projects to multimillion-dollar process upgrades, over a 20-year planning horizon.

Western Riverside County Regional Wastewater Authority Condition Assessment - Phase 2, Western Riverside County Regional Wastewater Authority, Riverside, California. Project engineer for the preparation of a Education
California Polytechnic
State University,
San Luis Obispo
BS, Bioresource and
Agricultural Engineering,
2009
Certifications
Professional Civil
Engineer (PE),
CA No. 90015
Professional Affiliations
Orange County Water
Association
Engineers without
Borders – USA

Item 24.
2 condition assessment of mechanical and electrical equipment assets from the 1998 construction of the Western Riverside County Regional Wastewater Authority wastewater treatment plant (Phase 1) and mechanical and electrical assets from the 2016 expansion (Phase 2). Performed data collection, analyses, operations and maintenance workshops, and field inspections, and developed a custom methodology to assign a condition rating and estimate the remaining useful life of each asset. In total, I inspected and assessed over 200 mechanical and electrical assets.

Arlington Desalter Condition Assessment, Western Riverside County Regional Wastewater Authority, Riverside, California. Project engineer for preparing a condition assessment of mechanical and electrical equipment assets of the Arlington Desalter groundwater treatment plant. Performed data collection, analyses, operations and maintenance workshops, and field inspections, and developed custom methodology to assign a condition rating and estimate the remaining useful life of each asset. In total, I inspected and assessed over 90 mechanical and electrical assets.

Plant 3A Subsidence Mitigation and Site Improvements, Moulton Niguel Water District, Laguna Niguel, California.

Part of the project team for the condition assessment and design of improvements due to localized subsidence at existing plant facilities. The mechanical improvements included the removal and replacement of three aboveground pump stations, excavation, and replacement with compaction of approximately 4,000 cubic yards (CY) of earthwork, replacement of approximately 4,000 LF of pipelines and 2,600 LF of conduits, demolition of the 3W pump station, installation of a small submersible pump in the 3W wet well, installation of a sludge bypass vault, and installation of recycled water connection valve and meter vault. Site modifications consisted of the demolition and installation of approximately 500 tons of aggregate base, the demolition and installation of approximately 35,000 square feet of asphalt pavement, and the installation of approximately 240 CY of concrete pavement to improve plant drainage.

Final Design of Separate Industrial Wastewater Treatment Plant, City of Gonzales, California. Part of the project team for the design of a brand-new, $25 million industrial wastewater collection system and treatment facility to convey and treat 1 mgd of fruit and vegetable processing industrial wastewater. The new plant includes an influent pump station, headworks with screenings and grit removal, aerated treatment ponds, and effluent infiltration basins. The collection system consists of approximately 2.5 miles of 24-inch to 27-inch gravity industrial wastewater trunk sewers.

Water Reclamation Facility 1 Aeration System Improvements, City of Corona, California. Part of the project team for designing a new aeration system at Basins 1, 2, and 3 of the City of Corona’s Water Reclamation Facility 1 facility. The design included replacing and installing a 20-inch aeration header, aeration submain piping and valves, basin air and gas diffusion system, slide gates, mud valves, appurtenances, and associated electrical improvements. Project elements also included the design of a steel structural pipe bridge for the aeration piping to cross over an access road.

San Jacinto Valley Enhanced Recharge and Recovery Program, Eastern Municipal Water Department, San Jacinto, California. Served as project engineer responsible for the preliminary design of a treatment facility for iron and manganese removal and the blending, disinfection, and storage of extracted groundwater. The centralized treatment facility was designed to process up to 18,300 gpm from 11 groundwater extraction wells constructed across three phases. The design includes chemical oxidation of the iron and manganese for removal by media filtration. The treatment system also included blending high-quality water (low iron and manganese concentration) with poor-quality water (high iron and manganese concentrations).

Item 24.
1 Julia Arvizu

PROJECT ENGINEER
Julia Arvizu is a project engineer with two years’ professional experience as a planner and designer. Specialized in fire flow modeling and CAD design for pipeline infrastructure and rehabilitation projects. As a planner, Julia has assessed the client’s existing practices and system to ensure they comply with State Water Board requirements regarding sewer system management plan (SSMP) work. Regarding fire flow modeling, she has ensured that proposed connections to the client’s existing system are not severely impacted. For design work, Julia has assisted in the alignment and profiles of the proposed infrastructure, ensuring that the placement of the proposed infrastructure causes minimal disturbance and complies with the client’s design standards.

Dudek Project Experience
SSMP Audit, City of Monterey, California. Auditor for the City of Monterey’s SSMP, reviews the City’s operations and maintenance practices and all other SSMP requirements, such as implementation and effectiveness in spill prevention and deficiencies in addressing ongoing spills, and updates these practices to comply with the State Water Resource Control Boards’ Waste Discharge Requirements.

SSMP Update and Audit, City of Compton, California. Auditor for the City of Compton’s SSMP, reviewing the City’s operations and maintenance practices and all other SSMP requirements, such as implementation and effectiveness in spill prevention and deficiencies in addressing ongoing spills, and updates these practices to comply with the State Water Resource Control Boards’ Waste Discharge Requirements.

Vail Ranch Neighborhood Potable Water Pipeline Replacement, Rancho California Water District, Temecula, California. Researcher on this project for the planning and alternatives analysis for the water distribution system in Vail Ranch neighborhoods, assessing pipeline failure and potential causes for this failure.

Knott-Miller Holder Artesia Branch Rehabilitation Project, Orange County Sanitation District, Buena Park, California. CAD designer and researcher for the rehabilitation of approximately 3,900 linear feet (LF) of 18-inch to 42-inch diameter pipe by cured-in-place pipe (CIPP) lining, rehabilitation of 43 utility holes, addition of 2 new manholes and a new siphon air jumper, review of CCTV data, creation of CAD exhibits, and attendance of lining manufacturers conferences for rehabilitation solutions.

Recycled Water Conversion Project, Temescal Valley Water District, Corona, California. Researcher for the design of approximately 1,173 LF of recycled water pipeline and recycled water laterals and conversion of potable water line to recycled water line, created exhibits and reviewed corrosion data provided by the client.

Education
San Diego State
University
BS, Civil Engineering,
2022
Certifications
EIT, NCEES No. 178986
Issued May 2023

Item 24.
2 PRV Relocation Project, Ramona Municipal Water District, Ramona, California. CAD designer for removing and relocating existing below-ground pressure-reducing stations to proposed aboveground locations. Responsible for the CAD design of the alignment of new stations and mechanical piping. 16-inch Transmission Main Project, Ramona Municipal Water District, Ramona, California. CAD designer for the design of approximately 7,150 LF of 16-inch diameter water pipeline alignment, connections to existing Ramona Municipal Water District waterlines, replacement of existing services, modifications at pump station for pressure zone modification, creating CAD exhibits, specifications, and cost estimates.

As-Needed Fire Flow Testing, Eastern Municipal Water District, Perris, California. Fire flow modeler for an ongoing contract with the Eastern Municipal Water District (EMWD). InfoWater Pro is used for hydraulic modeling of connections proposed by developers in the existing system. Based on scenarios of proposed connections to the existing water system, ensure that the EMWD standards for pressure and velocity are met.

Item 24.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Manager
Bethany Aguiar, Student Intern
SUBJECT: Authorize the City Manager to execute Professional Services Agreement with Keyser Marston Associates, Inc. (KMA) for a Hotel Feasibility Study in the Amount of $79,500.

STAFF RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute the a Professional Services Agreement with KMA for economic development consulting services for a Hotel Feasibility Study in the amount of $79,500, to assess the potential of attracting additional hotel developments and increase the amount of Transit Occupancy Tax (TOT) revenue for the City.

BACKGROUND:

In 2022, the Coachella Valley experienced a resurgence in tourism from pre-pandemic levels.

According to HVS, a global hospitality consulting firm, the economic impact from direct visitor spending totaled $8.7 billion with 30% of this spending dedicated to lodging, including hotels and short-term rentals. Tourism growth in the Coachella Valley is also supported through the increased availability of air travel. In 2020, Southwest Airlines initiated year-round air service to the Palm Springs International Airport (PSP). In addition, large gathering venues such as the opening of the 11,000-seat Acrisure Arena, are likely to attract day and overnight visitors to the Coachella Valley.

The Arena plans to host over 120 major events annually, likely to increase both hotel occupancy and Average Daily Rates (ADR) within the Coachella Valley.

The City is hoping to capture the growing tourism, meetings, and special events in the Coachella Valley with the development of the City’s first hotel. As background, the City is the easternmost city of the Coachella Valley and is one of California’s fastest growing cities. The City is officially bilingual in English and Spanish, with over 90% of the population speaking Spanish. The City hosts popular events such as Cinco de Mayo, the 16 de Septiembre Fiestas Patrias (Mexico’s Independence from Spain), and the 12 de Diciembre to celebrate the Virgin Mary. In addition, the City can potentially benefit from nearby large-scale events, such as the Coachella Valley Music and Arts Festival, Stagecoach Festival, BNP Paribas Open, Palm Springs Film Festival, and Tour de Palm Springs.

Item 25.

On December 3, 2024, the City of Coachella’s resident successfully voted for Measure Y to amend the City current Transient Occupancy Tax (TOT) for hotels and short-term rentals. The measure will allow the City Council to increase the TOT tax threshold from 9% to 13%.

DISCUSSION/ANALYSIS:

The purpose of this feasibility study is to assess the potential of attracting additional hotel developments and increase the amount of Transit Occupancy Tax (TOT) revenue for the City.

KMA will provide the following Scope of Services:
 Phase 1: Initiation/Stakeholder Surveys – At the outset of the assignment, KMA will participate in a meeting with City staff and Visit Greater Palm Springs.  Phase 2: Hotel Market Assessment – KMA will conduct a market assessment of hotel development potential in eastern Riverside County (County); the eastern Coachella Valley trade area (Trade Area); neighboring cities such as Indio, La Quinta, and Palm Desert (Neighboring Cities); and the City and its Sphere of Influence (SOI).  Phase 3: Financial Feasibility – KMA will undertake financial feasibility analyses of up to three (3) prototypical hotel development prototypes to be considered in the City. Subject to the findings of the market assessment, one or more of these prototypes may include a mix of uses or ownership formats such as residential, condotel, or timeshare.  Phase 4: Financing Approaches – to supplement the financial feasibility analysis, KMA will evaluate various levels of financing approaches that will incentivize hotel development within the City, including, but not limited to: TOT sharing, tax-exempt bonds, grants and subsidies, and tourism and entertainment districts. This evaluation will consider comparable hotel financing structures such as the tax-exempt and taxable revenue bonds utilized to construct Hotel Polaris in Colorado Springs, Colorado.  Phase 5: Findings and Recommendations – KMA will summarize the key findings from the Phase 2 market assessment, Phase 3 financial feasibility analysis, and Phase 4 financing approaches.
 Phase 6: Report and Presentation – KMA will prepare a report to include an executive summary, narrative discussion, and supporting tables and exhibits.

KMA proposes to complete the above scope of services within the total budget requirement of $79,500, including reimbursables, as broken out below:

Item 25.

Phase: Budget Amount:

Phase 1 – Initiation/Stakeholder Survey $6,500
Phase 2 – Market Assessment $25,500
Phase 3 – Financial Feasibility $27,500
Phase 4 – Financial Approaches $4,500
Phase 5 – Recommendations $5,000
Phase 5 – Final Report and City Council Presentation $7,500 Sub-Total (Phases 1-6) $76,500
Add: Reimbursables $3,000
Grand Total $79,500
ALTERNATIVES:

1. Continue this item and provide staff direction.

FISCAL IMPACT:

The fiscal impact of this action would be $79,500 and would require an appropriation from the General Fund Reserves (Fund 101).

ATTACHMENTS:

1. Professional Services Agreement (PSA) with KMA Scope of Services Hotel Feasibility Study

2. KMA Proposal for Economic Development Consulting Services for a Hotel Feasibility Study to Access Potential Hotel Development in the City

Item 25.

Keyser Marston Associates, Inc. Page 1
August 28, 2024
24025kal
99900.000.003

KMA SCOPE OF SERVICES

HOTEL FEASIBILITY STUDY

CITY OF COACHELLA
I. OBJECTIVE
The City of Coachella (City) seeks economic consulting services for a hotel feasibility study to assess the potential to attract the City’s first hotel development. The City seeks to establish a hospitality market to capture the growth in tourism, meetings, and special events occurring in the larger Coachella Valley.

II. BACKGROUND
In 2022, the Coachella Valley experienced a resurgence in tourism from pre-pandemic levels. According to HVS, a global hospitality consulting firm, the economic impact from direct visitor spending totaled $8.7 billion with 30% of this spending dedicated to lodging, including hotels and short-term rentals.

Tourism growth in the Coachella Valley is also supported through the increased availability of air travel.

In 2020, Southwest Airlines initiated year-round air service to the Palm Springs International Airport (PSP). As a result, additional airlines introduced nonstop services to PSP, for a total of 12 airlines now providing nonstop flights to PSP from 32 destinations. The City of Palm Springs has recently initiated an update to the 2015 Airport Master Plan for the expansion (nearly double the existing capacity) of the PSP to support future demand, continue safe and efficient operations, and address changes in the aviation industry at the local and national level. In addition, large gathering venues such as the opening of the 11,000-seat Acrisure Arena, are likely to attract day and overnight visitors to the Coachella Valley.

The Arena plans to host over 120 major events annually, likely to increase both hotel occupancy and Average Daily Rates (ADR) within the Coachella Valley.

The City is hoping to capture the growing tourism, meetings, and special events in the Coachella Valley with the development of the City’s first hotel. As background, the City is the easternmost city of the Coachella Valley and is one of California’s fastest growing cities. The City is officially bilingual in English and Spanish, with over 90% of the population speaking Spanish. The City hosts popular events such as Cinco de Mayo, the 16 de Septiembre Fiestas Patrias (Mexico’s Independence from Spain), and the 12 de Diciembre to celebrate the Virgin Mary. In addition, the City can potentially benefit from nearby largescale events, such as the Coachella Valley Music and Arts Festival, Stagecoach Festival, BNP Paribas Open, Palm Springs Film Festival, and Tour de Palm Springs. Notably, the Coachella Valley Music and Arts Festival and Stagecoach Festival, both hosted in Indio, have provided additional support for new hotel rooms in Indio.

III. SCOPE OF SERVICES
The following section presents the Keyser Marston Associates, Inc. (KMA) proposed scope of services to conduct a hotel feasibility study for the City.

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(1) Phase 1: Initiation/Stakeholder Surveys – At the outset of the assignment, KMA will participate in a meeting with City staff and Visit Greater Palm Springs. As part of this initial phase, we will:
(a) Review the City’s objectives, review critical background information, identify potential development sites, and discuss key stakeholders to interview. (b) Conduct a field survey and an initial evaluation of potential sites for consideration. This evaluation of potential sites will consider key development factors such as proximity to existing entertainment uses and access to, and/or visibility from, Interstate 10 (I-10) and State Route 86 (SR 86).
(2) Phase 2: Hotel Market Assessment – KMA will conduct a market assessment of hotel development potential in eastern Riverside County (County); the eastern Coachella Valley trade area (Trade Area); neighboring cities such as Indio, La Quinta, and Palm Desert (Neighboring Cities); and the City and its Sphere of Influence (SOI). The market assessment will include:
(a) A profile of demographic and economic trends, including growth in population, disposable income, visitor nights, and retail sales activity. This will contain a review of recently completed and proposed projects in planning within the City, Neighboring Cities, and Trade Area, including recent hotel proposals in the City such as the unfinished luxury hotel by Glenroy Coachella, LLC and proposed hotel by the Twenty-Nine Palms Band of Mission Indians. (b) An overview of recent hotel market performance for the Coachella Valley submarket, including supply and demand factors, ADR, occupancy trends, and seasonal patterns. This overview will include:
o A review of third-party data sources available from firms specializing in hospitality, such as Smith Travel Research (STR), HVS Global Hospitality Services (HVS), and Coldwell Banker Richard Ellis (CBRE);
o Evaluation of short-term rental (Airbnb, Vrbo, etc.) trends in the Coachella Valley and the Trade Area;
o Identification of existing hotels that operate under a “vacation rental” format through one of the short-term rental platforms;
o Preparation of selected case studies in the Coachella Valley, including hotel properties that combine residential, condotel, and/or timeshare uses; and o Profile of product type, features, and amenities for competitive hotel inventory in the Trade Area and City.

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(c) Field surveys of the City and Trade Area, with a focus on potential development sites, competitive inventory, and existing amenities and services available to hotel guests. (d) Identification of availability or deficiency of major infrastructure and amenities, including access/transportation (I-10/SR 111/SR 86; Jacqueline Cochran Regional Airport), restaurants, entertainment, recreation, etc.
(e) Market survey and supplementary stakeholder interviews to understand the demand for meeting and event space within the Trade Area, including:
o Case studies for comparable facilities that may be relevant to development potential within Coachella Valley; and
o A qualitative evaluation of the potential demand for indoor/outdoor meeting/banquet space within the Trade Area and City.
(f) Preparation of a hotel room demand forecast that will analyze existing and potential hotel market demand by market segment, including tourism/leisure, commercial/corporate, group/convention, and/or government.
(g) Recommendation of appropriate type, number of rooms, room size, features, amenities, and market segment for potential hotel(s) for the specific sites identified in Phase 1. (h) Identification of potential branding themes and specific market niches that may be applicable to potential hotel(s). This will include identification of specific hotel flags/brands (e.g., Hyatt Place, Hilton/Hampton Inn, Marriott, etc.) most appropriate for the specific sites identified in Phase 1. (3) Phase 3: Financial Feasibility – KMA will undertake financial feasibility analyses of up to three (3) prototypical hotel development prototypes to be considered in the City. Subject to the findings of the market assessment, one or more of these prototypes may include a mix of uses or ownership formats such as residential, condotel, or timeshare. The financial feasibility analyses will include:
(a) An estimate of development costs (land acquisition, directs, indirects, and financing); stabilized income and expenses; target return; and identification of any financing gap. These estimates will incorporate site-specific infrastructure costs to be provided by City staff. They will also reflect development costs with and without prevailing wages. In addition, the KMA pro forma analyses will include a 15-year cash flow projection for the hotel operation, showing the estimated economic return to the developer and the potential Transient Occupancy Tax (TOT) generated to the City.

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(b) In the event of a financing gap, KMA will test up to three (3) TOT sharing formulas for each prototype hotel. This task will demonstrate the enhanced feasibility of each prototype hotel, while assuring a guaranteed minimum flow of TOT revenues to the City. (4) Phase 4: Financing Approaches – to supplement the financial feasibility analysis, KMA will evaluate various levels of financing approaches that will incentivize hotel development within the City, including, but not limited to: TOT sharing, tax-exempt bonds, grants and subsidies, and tourism and entertainment districts. This evaluation will consider comparable hotel financing structures such as the tax-exempt and taxable revenue bonds utilized to construct Hotel Polaris in Colorado Springs, Colorado.
(5) Phase 5: Findings and Recommendations – KMA will summarize the key findings from the Phase 2 market assessment, Phase 3 financial feasibility analysis, and Phase 4 financing approaches. The summary will include:
(a) Key findings of the market assessment in terms of the market demand forecast and recommended hotel product type for specific sites and the Trade Area. (b) Outcomes of the financing gap analysis and corresponding TOT sharing scenarios. (c) Recommended key steps, including prerequisites for financing and development, for the City and other parties to implement and attract the specific hotel type(s). (6) Phase 6: Report and Presentation – KMA will prepare a report to include an executive summary, narrative discussion, and supporting tables and exhibits. This phase will include:
(a) One (1) Administrative Draft, one (1) Draft, and one (1) Final Draft of the report, submitted in PDF format only.
(b) Preparation of a presentation summarizing the methodology, analyses, findings, and recommendations from both the market assessment and financial feasibility evaluation. (c) Attendance and presentation at one (1) City Council meeting.

IV. DATA REQUIREMENTS
KMA requires the following data items from the City and Visit Greater Palm Springs:

City
• Recommendations of key stakeholders to interview (event organizers, brokers, property owners, etc.)

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• List of commercial and residential projects in the pipeline • Project information for the unfinished luxury hotel by Glenroy Coachella, LLC and the proposed hotel by the Twenty-Nine Palms Band of Mission Indians
• 10-year history of TOT data for existing visitor accommodations/short-term rentals (Airbnb, Vrbo, etc.)
• Map of potential candidate sites/locations for hotel development considered by the City Visit Greater Palm Springs
• Recommendations of key stakeholders to interview (hotel operators, event managers, etc.) • Updated Economic Impact Reports (Tourism 2023)
• Updated Short-Term Vacation Rental Economic Impact Reports (2023) • If available, 10-year history of number of overnight vs. day visitors V. BUDGET
KMA proposes to complete the above scope of services on a time-and-materials basis in accordance with the attached hourly billing rate schedule. Our total budget requirement is $79,500, including reimbursables, as broken out below.

Phase Budget
Phase 1 – Initiation/Stakeholder Surveys $6,500
Phase 2 – Market Assessment $25,500
Phase 3 – Financial Feasibility $27,500
Phase 4 – Financing Approaches $4,500
Phase 5 – Recommendations $5,000
Phase 6 – Report and Presentation $7,500
Subtotal (Phases 1-6) $76,500
Add: Reimbursables $3,000
Grand Total $79,500
This budget includes the following limitations:
• Up to two (2) in-person meetings with City and Visit Greater Palm Springs staff • Up to four (4) virtual meetings with City and Visit Greater Palm Springs staff • Maximum of one (1) City Council meeting
VI. SCHEDULE
KMA anticipates completion of our Administrative Draft report within 120 calendar days from contract authorization and receipt of relevant background data.

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VII. LIMITING CONDITIONS
In accepting this proposal/contract, the City represents, acknowledges, and agrees that:

1. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues).

2. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA’s work product.

3. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material.

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VIII. FIRM PROFILE
KMA is a real estate advisory firm founded in 1973 with specialized focus on public/private partnerships.

From offices in San Diego, Los Angeles, and Berkeley, KMA has served over 700 clients on more than 2,500 projects. Representative public sector clients include nearly every major municipality in California, as well as housing authorities, transit districts, counties, special districts, port authorities, and colleges and universities.

Now in our 50th year, KMA offers a wide array of integrated services to our public agency clients, working collaboratively with them to help them make informed, strategic, market-based decisions. Our objective is to provide decision makers with sound advice supported by strong technical analysis of all economic factors that impact success, including market conditions, financial investment requirements, community needs and benefits, and development issues. The longevity of our client relationships throughout the State attests to the quality and responsiveness of KMA’s work.

KMA’s major service areas include:
 Land Use Economics
 Affordable Housing Transactions and Policy
Evaluation
 Disposition Strategies and Developer
Negotiations
 Public/Private Partnerships (P3s)
 Infrastructure Financing Districts
 Fiscal and Economic Impact Analysis
A unique strength of KMA is the depth, continuity, and availability of our principals, who all have decades of experience analyzing and solving complex real estate economic issues. Their personal involvement in every assignment is a key factor in the firm’s ongoing success. For more information about KMA, please visit our website at www.keysermarston.com.

IX. QUALIFICATIONS
Client: City of Indio
Project: Midscale Hotel Demand Assessment
KMA worked with the City of Indio to evaluate the market and financial feasibility of a midscale hotel within the City. This evaluation included a review of demographic and economic trends, evaluation of regional and local hotel markets, and interviews with key stakeholders. KMA projected the
supportable demand for midscale, upper midscale, and
upscale hotels over a 10-year period and prepared a financial feasibility analysis for a midscale hotel.

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Client: City of Indio
Project: Transient Occupancy Tax (TOT) Sharing
KMA assisted the City of Indio with analyses supporting potential TOT sharing agreements for the development of several hotels in the City, including the Fairfield Inn & Suites (built in 2018) and Hampton Inn & Suites (built in 2020). These analyses involved reviewing developer financial pro forma models, preparing an independent financial analysis, and determining the magnitude of feasibility gap. KMA also tested alternative TOT sharing scenarios between the City and
developer in order to enhance project feasibility.

Client: City of Oceanside
Project: Mission Pacific Hotel and Seabird Resort
KMA assisted the City of Oceanside with the financial
feasibility analysis and negotiation of business terms for the Mission Pacific Hotel and The Seabird Resort. The two adjacent hotels opened in May 2021, featuring 387 hotel keys,
restaurants, retail, public gardens, luxury spa, and 22,000 SF of event space. Located at the base of the historic Oceanside Pier, the hotels comprise the largest newly constructed beachfront development on the San Diego coastline in over 20 years.

Client: San Diego Unified Port District
Project: Gaylord Pacific Resort and Convention Center, Chula Vista Bayfront KMA worked with the San Diego Unified Port District,
City of Chula Vista, and RIDA Development to evaluate,
negotiate, and document the planned development of
the Gaylord Pacific Resort and Convention Center on
the Chula Vista Bayfront. The $1.2 billion development
– which will encompass a 1,600-room hotel, a
275,000-SF convention center, and new public parks –
broke ground in July 2022. Over the course of the predevelopment feasibility evaluation and developer negotiations, KMA prepared and presented numerous analyses and studies to agency senior staff, Port Commissioners, City Councilmembers, and other stakeholders in both individual briefings, Closed Sessions, and/or public meetings.

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Client: City of Imperial Beach
Project: Breakwater Hotel
KMA prepared an Economic Development Subsidy
Report, financial feasibility analysis, and reviewed an amendment to the Purchase and Sale Agreement for a
proposed 101-room hotel located west of the
Breakwater Town Center in the City of Imperial
Beach. As part of the Economic Development Subsidy
Report and financial feasibility analysis, KMA
estimated the proposed subsidy to the Developer,
projected tax revenues to the City, and evaluated the
Developer’s rate of return relative to hotel industry standards. Additionally, KMA prepared an assessment of potential financial impact of a proposed land use change from a retail use to a hotel use as part of an amendment to the Purchase and Sale Agreement.

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CITY OF COACHELLA AND KEYSER MARSTON ASSOCIATES, INC.

PROFESSIONAL SERVICES AGREEMENT

FOR HOTEL FEASIBILITY STUDY

1. PARTIES AND DATE.

This Agreement is made and entered into this 11th day of December, 2024, by and between the City of Coachella (“City”), 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 and Keysar Marston Associates, Inc. (“Consultant”), with its principal place of business at 555 West Beech St., Suite 460, San Diego, CA 92101. 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 economic development consulting services for a hotel feasibility study services to public clients, is licensed in the State of California, and is familiar with the economic development plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the development of a Hotel Feasibility Study that will include, the following major tasks, such as the initiation of stakeholder surveys; hotel market assessment; financial feasibility; financing approaches; findings and recommendations and final report and City Council presentation ("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 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 December 11, 2024 to May 11, 2025, 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.

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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 Seventy Nine Thousand Five Hundred Dollars ($79,500). 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

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, nor 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

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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:
 Michael D. Tactay, Manager

3.3.5 City's Representative. The City hereby designates Celina Jimenez, Economic Development 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 Michael D.

Tactay, 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 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

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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 requirements, and shall give all notices required by law. Consultant shall be liable for all violations

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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.

3.3.11 Insurance.

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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.

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

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(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) 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.

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

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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. (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

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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.

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

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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 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

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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 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: KEYSER MARSTON ASSOCIATES
555 West Beech St., Suite 460
San Diego, CA
ATTN: Michael D. Tactay, Manager
City: CITY OF COACHELLA
53462 Enterprise Way
Coachella, CA 92236
ATTN: Celina Jimenez, Economic Development 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

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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 & 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.

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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 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

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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 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,

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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.

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
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR HOTEL

FEASIBLITY STUDY SERVICES BETWEEN THE CITY OF COACHELLA AND KEYSAR MARSTON ASSOCIATES, INC.

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 KEYSAR MARSTON ASSOCIATES, INC.

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 “A” PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"

SCOPE OF SERVICES
KMA will provide the following Scope of Services (more details are provided in KMA Proposal):
 Phase 1: Initiation/Stakeholder Surveys – At the outset of the assignment, KMA will participate in a meeting with City staff and Visit Greater Palm Springs.  Phase 2: Hotel Market Assessment – KMA will conduct a market assessment of hotel development potential in eastern Riverside County (County); the eastern Coachella Valley trade area (Trade Area); neighboring cities such as Indio, La Quinta, and Palm Desert (Neighboring Cities); and the City and its Sphere of Influence (SOI).  Phase 3: Financial Feasibility – KMA will undertake financial feasibility analyses of up to three (3) prototypical hotel development prototypes to be considered in the City. Subject to the findings of the market assessment, one or more of these prototypes may include a mix of uses or ownership formats such as residential, condotel, or timeshare.  Phase 4: Financing Approaches – to supplement the financial feasibility analysis, KMA will evaluate various levels of financing approaches that will incentivize hotel development within the City, including, but not limited to: TOT sharing, tax-exempt bonds, grants and subsidies, and tourism and entertainment districts. This evaluation will consider comparable hotel financing structures such as the tax-exempt and taxable revenue bonds utilized to construct Hotel Polaris in Colorado Springs, Colorado.  Phase 5: Findings and Recommendations – KMA will summarize the key findings from the Phase 2 market assessment, Phase 3 financial feasibility analysis, and Phase 4 financing approaches.
 Phase 6: Report and Presentation – KMA will prepare a report to include an executive summary, narrative discussion, and supporting tables and exhibits.

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(BB&K 2017) Exhibit “B”
EXHIBIT "B"

SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: CITY OF COACHELLA HOTEL FEASIBILITY STUDY
Consultant: KEYSER MARSTON ASSOCIATES, INC.

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

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $79,500.00
Completion Date: MAY 2025
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 KEYSER MARSTON ASSOCIATES, INC.

Dated: Dated:

By: By:

Item 25.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Director
SUBJECT: Construction Contract with Cora Construction, Inc. in the amount of $1,271,400.00 for the Construction of the Headworks Screening System Improvements Project, City Project No. S-29 and the Approval of Additional Expenditures for a Total Request of $1,518,540.00
STAFF RECOMMENDATION:

Authorize the City Manager to execute a construction contract with Cora Construction, Inc. in the amount of $1,271,400.00 for the construction of the Headworks Screening System Improvements Project, City Project No. S-29 and the approval of additional expenditures for a total request of $1,518,540.00
BACKGROUND:

In 2007 the Coachella Sanitary District’s Avenue 54 Wastewater Treatment Plant (WWTP) completed a major expansion including the construction of a headworks facility with screenings and grit removal equipment.

The headworks was designed to have a redundant/second bar-screen, however, the redundant/second bar-screen was not installed. It is extremely rare to see a WWTP with only a manual byspass and not a second bar-screen. The completion of a redundant/secondary bar-screen allows for routine maintenance of the primary channel bar screen while maintaining uninterrupted treatment of wastewater influent and serves as backup in the event of a mechanical breakdown or emergency.

DISCUSSION/ANALYSIS:

On February 2024 City Council authorized the design package for the Headworks Screening System Improvements Project, City Project No. S-29. The design package, plans and specifications were finalized on October of 2024.

At the end of October 2024 the City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On October 28, 2024, the City issued the

Item 26.

Notice Inviting Bids with a non-mandatory job walk held on November 05, 2024. The project bid opening was held on November 26, 2024 at 3:00 pm., with one company submitting a bid for this project. The bid opening results are listed below:

Company Name: City: Bid Amount:

Cora Construction Inc Palm Desert $1,271,400.00
Staff has reviewed the bid and determined that Cora Construction, Inc. is the lowest, responsive, responsible bidder. It is also recommended that City Council authorize the following additional expenditures:

Project Item: Project Cost:

Materials Testing $10,000.00
Construction Survey $10,000.00
Engineering Services During Construction (Dudek) $100,000.00 Construction Contingency (10%) $127,140.00
TOTAL PROJECT COST: $1,518,540.00
FISCAL IMPACT:

The project has been included in the City’s approved CIP FY 24/25 budget in the amount of $1,145,000.00. The following is the breakdown of the approved FY 24/25 CIP budget.

Funding Source Project Cost:

ARPA Resolution 2024 - 31 $800,000.00
Sewer Connection Fees 360 $345,000.00
TOTAL Appropriation $1,145,000.00
City Council authorized $2,210,000 of the ARPA funding for water or sewer infrastructure projects. The Utilities Department estimated that $800,000.00 would be available for the Headworks Screening System Improvements Project, City Project No. S-29 after allocating $1,410,000.00 for City Project S-18, Tyler Street Capacity Improvements Project.

However, the bids for City Project S-18, Tyler Street Capacity Improvements Project came in lower than expected making $290,756.00 available. This available funding will be used on the Headworks Screening System Improvements Project, City Project No. S-29 with Authorizing Resolution No. 2024-66. The updated funding breakdown will be as follows:

Funding Source Project Cost:

ARPA Resolution 2024 - 66 $1,090,756.00
Sewer Connection Fees 360 $427,784.00
TOTAL Appropriation $1,518,540.00

Item 26.

ATTACHMENTS:

1. S-29 Headworks Screening System Improvements Bid Opening Log

2. S-29 Project Ad

3. American Relief Fund - Project List

Item 26.

Item 26.

Item 26.

Item 26.

Item 26.

Title Original Cost Type Summary Approved Amount
Broadband Feasibility Study $ 80,000 Study Increase broadband capacity Home Repair/Weatherization Program $ 500,000 City Program $20,000/applicant = 25 applicants $ 500,000 Workforce Development Program $ 500,000 City Program
Government Pathway Internship Program -
One Future CV & Resident Engagement
Academy
$ 613,450
New Citywide Software Upgrade $ 400,000 Project Permit tracking, plan submittal, finance, business license, etc. $ 400,000
Fire Station Remodel Project $ 5,000,000 Project Public Safety - Technology Infrastructure $ 5,491,401 Civic Center Pandemic Retrofit Project $ 600,000 Project Technology Infrastructure Sewer/Water Infrastructure Projects $ 2,210,000 Project Sewer Projects (Sanitary Plant Equipment) $ 2,210,000 Broadband Infrastructure Projects $ 202,000 Project Wi-Fi at City Parks (Rancho Las Flores, Bagdouma and Dateland Parks
Cash Assistance Program $ 1,000,000 Non Profit
Program Possible Partnership is MAF and Lift to Rise $ 1,008,000 COVID-19 Public Health Mitigation and
Prevention $ 450,000 City Program COVID-19 Supplies $ 159,756 Central Park Project Options - Develop tract map for housing project and park design and construction docs $ 559,393 TOTAL: $ 10,942,000 $ 10,942,000
American Relief Act Fund

Item 26.
1 STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Director
SUBJECT: Adopt Resolution No. 2024-66 Approving American Rescue Plan Act Funds (ARPA) for the State and Local Fiscal Recovery Fund (SLFRF) Program for the Coachella Sanitary District Headworks Screening Improvements Project S-29 in the Amount of $1,090,756.

STAFF RECOMMENDATION:

That the City Council adopt Resolution No. 2024-66, authorizing the appropriation of American Rescue Plan Act funds from the State and Local Fiscal Recovery Fund program in the amount of $1,090,756.00 for the Coachella Sanitary District Headworks Screening Improvements Project S – 29.

BACKGROUND:

President Biden signed the American Rescue Plan Act (ARPA) into law on March 11, 2021. The legislation provides $1.9 trillion in economic stimulus funds to assist in the recovery from the COVID-19 pandemic. One component of the legislation is the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, which provides funds directly to local jurisdictions to respond to the economic and public health impacts of COVID-19. The City of Coachella expects to receive $10.94 million in total SLFRF due to its size and demographics.

City Staff identified a list of projects to implement utilizing ARPA funding with the input gathered through community outreach and the City Council, indicated below:
 Study Session I – August 25, 2021
 Study Session II – November 15, 2021
 Public Survey/Community Outreach – November 2021
ARPA program guidelines under “2022 Final Rule” was then released by the U.S. Department of the Treasury on January 6, 2022 and took effect on April 1, 2022, which provided substantial flexibility for local jurisdictions within the four separate eligible use categories identified below:
 Replace lost public sector revenue
 Support the COVID-19 public health and economic response

Item 27.
2  Provide premium pay for eligible workers performing essential work  Invest in water, sewer, and broadband infrastructure
On August 2023, the U.S. Department of the Treasury released additional guidelines and amendments to the SLFRP program under the 2023 Interim Final Rule, which are indicated below:
 Emergency Relief from Natural Disasters
 Surface Transportation Projects
 Title 1 Projects (projects that are eligible under the CDBG program) Under the SLFRF program, funds must be obligated by December 31, 2024 and must be expended by December 31, 2026.

DISCUSSION/ANALYSIS:

Council authorized $2,210,000.00 of ARPA funds be set aside for “Utility Projects”. These projects benefit all residents as they improve the utilities that provide service to the City without the need to increase rates as a result of these improvements.

On February 28, 2024 the City Council authorized the planning and design for construction specifications and cost estimates for the Headworks Screening Improvements at the Sanitary Wastewater Treatment Plant. Construction bids were opened on November 26, 2024. The lowest responsible bid has a cost of $1,271,400.00.

FISCAL IMPACT:

The construction bid for the Headworks Screening Improvements is $1,271,400.00. Staff is recommending $1,090,756 of the $2,210,000.00 set aside for Utility Projects is used for the construction of the Headworks Screening Improvements Project.

EXHIBIT(S):

1. Resolution No. 2024-66

2. American Relief Fund - Project List

3. S-29 Headworks Screening System Improvements Bid Opening Log

Item 27.

RESOLUTION NO. 2024-66

A RESOLUTION OF THE CITY OF COACHELLA AUTHORIZING THE

USE OF THE AMERICAN RESCUE PLAN ACT FUNDS (ARPA) FOR THE

STATE AND LOCAL RECOVERY FUND (SLFRF) PROGRAM FOR THE

COACHELLA SANITARY DISTRICT HEADWORKS SCREENING
IMPROVEMENTS PROJECT S – 29 IN THE AMOUNT OF $1,090,756.00 WHEREAS, the City, as a recipient of the American Rescue Plan Act funds (ARPA) under State and Local Fiscal Recovery Funds ("SLFRF") program, may contract with subrecipients for the furnishing of such services for the City or any Department thereof; and WHEREAS, as a recipient of these funds, the City, is a recipient of SLFRF funds and must comply with all requirements regarding the use and reporting for expenditures of SLFRF funds; and
WHEREAS, since its emergence in early 2020, the COVID-19 pandemic has negatively impacted public health and the economy on a global scale, throughout the nation, and in the City of Coachella; and
WHEREAS, the pandemic both caused and magnified negative impacts on residents of the City, particularly low- and moderate-income families, regarding public health, food and housing insecurity, childcare, among other areas; and
WHEREAS, although as of June 15, 2021 the State substantially lifted public health orders that had been in place limiting certain activities to mitigate the spread of COVID-19, the pandemic continues to pose risks to public health and the need to respond to those risks and to recover from the negative public health and economic impacts of the pandemic continues, in particular due to the recent surge in COVID-19 cases resulting from the highly contagious Omicron BA.4 and BA.5 variant; and
WHEREAS, City Staff has confirmed that the Fire Station Remodel qualifies for ARPA funding under the general Federal Guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella that the foregoing Recitals are true, correct, and are hereby adopted by the City of Coachella. Based on those Recitals, the City Council hereby finds and declares as follows:

SECTION 1. The City Council hereby designates and authorizes City Staff to use the American Rescue Plan Act funds (ARPA) State and Local Recovery Fund program (SLFRF) for the Coachella Sanitary District Headworks Screening Improvements Project S - 29.

SECTION 2. The City Council hereby appropriates One Million Ninety Thousand Seven Hundred Fifty Six Dollars ($1,090,756.00) in ARPA funding to the Coachella Sanitary District Headworks Screening Improvements Project S - 29.

Item 27.

Resolution No. 2024-66

PASSED, APPROVED and ADOPTED this 11th day of December 2024. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney

Item 27.

Resolution No. 2024-66

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-66 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 11th day of December 2024, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 27.

Title Original Cost Type Summary Approved Amount
Broadband Feasibility Study $ 80,000 Study Increase broadband capacity Home Repair/Weatherization Program $ 500,000 City Program $20,000/applicant = 25 applicants $ 500,000 Workforce Development Program $ 500,000 City Program
Government Pathway Internship Program -
One Future CV & Resident Engagement
Academy
$ 613,450
New Citywide Software Upgrade $ 400,000 Project Permit tracking, plan submittal, finance, business license, etc. $ 400,000
Fire Station Remodel Project $ 5,000,000 Project Public Safety - Technology Infrastructure $ 5,491,401 Civic Center Pandemic Retrofit Project $ 600,000 Project Technology Infrastructure Sewer/Water Infrastructure Projects $ 2,210,000 Project Sewer Projects (Sanitary Plant Equipment) $ 2,210,000 Broadband Infrastructure Projects $ 202,000 Project Wi-Fi at City Parks (Rancho Las Flores, Bagdouma and Dateland Parks
Cash Assistance Program $ 1,000,000 Non Profit
Program Possible Partnership is MAF and Lift to Rise $ 1,008,000 COVID-19 Public Health Mitigation and
Prevention $ 450,000 City Program COVID-19 Supplies $ 159,756 Central Park Project Options - Develop tract map for housing project and park design and construction docs $ 559,393 TOTAL: $ 10,942,000 $ 10,942,000
American Relief Act Fund

Item 27.

Item 27.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Castulo Estrada, Utilities Director
SUBJECT: Construction Contract with The Van Dyke Corporation in the amount of $1,119,244.00 for the Construction of the Tyler Street Sewer Improvements, City Project No. S-18 and the Approval of Additional Expenditures for a Total Request of $1,281,168.40.

STAFF RECOMMENDATION:

Authorize the City Manager to execute a construction contract with The Van Dyke Corporation in the amount of $1,119,244.00 for the construction of the Tyler Street Sewer Improvements, City Project No. S-18 and the approval of additional expenditures for a total request of $1,281,168.40.

BACKGROUND:

The City of Coachella sewer system also known as the Coachella Sanitary District consists of sewers that collect local flows generated from the City’s residential, commercial, and industrial areas and other areas outside the city limits and discharge to the City’s wastewater treatment plant on Avenue 54 with a capacity of 4.5 million gallons per day.

The Coachella Sanitary District’s collection system includes about 100 miles of sanitary sewers ranging in size from 4 inches to 54 inches in diameter. The system has about 1,700 manholes and two main pump stations.

DISCUSSION/ANALYSIS:

A section of the sewer main Tyler Street as shown in the attached Figure 2 has been identified by staff as deficient. In order to address this deficiency the existing 8 inch pipe must be upsized to 15 inches.

Earlier this year City Council authorized the design package for the Tyler Street Sewer Improvements, City Project No. S-18.

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On October 25, 2024, the City issued the Notice Inviting Bids with a non-mandatory job walk held on November 7, 2024. The project bid opening was held on

Item 28.

November 26, 2024 at 10:00 a.m., with six companies submitting a bid for this project. The bid opening results are listed below:

Company Name: City: Bid Amount:

TBU, INC Beaumount $1,242,068.00
Genesis Construction Hemet $1,451,933.00
GRB Construction Incorporated Baldwin Park $1,845,378.00 Downing Construction Redlands $1,261,134.00
Tri-Star Construction II Desert Hot Springs $2,082,180.30 Van Dyke Corporation Twenty-Nine Palms $1,119,244.00
Staff has reviewed the bid and determined that the Van Dyke Corporation is the lowest, responsive, responsible bidder. The total project cost is as follows:

Project Item: Project Cost:

Materials Testing $ 15,000.00
Construction Survey $ 20,000.00
Engineering Services During Construction $ 15,000.00
Construction Contingency (10%) $ 111,924.40
TOTAL PROJECT COST: $1,281,168.40
FISCAL IMPACT:

The project has been included in the City’s approved CIP FY 24/25 budget in the amount of $1,144,244.00. The following is the breakdown of the approved FY 24/25 CIP budget.

Funding Source Project Cost:

ARPA Resolution 2024 - 32 ($1,410,000.00) $1,119,244.00 Sewer Connection Fees 360 $25,000.00
TOTAL Current Appropriation $1,144,244.00
City Council authorized $2,210,000 of the ARPA funding for water or sewer infrastructure projects. The Utilities Department has allocated $1,119,244.00 for City Project S-18, Tyler Street Capacity Improvements Project.

Staff recommends transferring $136,924.40 from Sewer Connections Fees 360 to CIP S-18 to fully fund this project.

Funding Source Project Cost:

ARPA Resolution 2024 – 32 ($1,410,000.00) $1,119,244.00 Sewer Connection Fees 360 $161,924.40
TOTAL Appropriation $1,281,168.40

Item 28.

ATTACHMENTS:

1. S-18 Tyler Sewer Improvements Bid Opening Log

2. S-18 Tyler Sewer Improvements Bid Comparison

3. Figure 2- Sewer Analysis

Item 28.

Item 28.

CITY OF COACHELLA

TYLER STREET SEWER IMPROVEMENTS
Project No. S-18
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
1 Mobilization 1 LS $52,630.00 $52,630.00 $48,000.00 $48,000.00 $26,556.00 $26,556.00 $165,000.00 $165,000.00 $139,500.00 $139,500.00 2 Dust Control/Stormwater Best Management
Practices (BMP’s) 1 LS $5,000.00 $5,000.00 $11,000.00 $11,000.00 $9,525.00 $9,525.00 $13,047.00 $13,047.00 $9,620.00 $9,620.00 3 Traffic Control/Site Protection 1 LS $20,000.00 $20,000.00 $29,000.00 $29,000.00 $40,000.00 $40,000.00 $43,120.00 $43,120.00 $39,400.00 $39,400.00 4 Saw Cut and Remove Full Depth Asphalt and
Aggregate Base (6’Wide Includes 1’ T-Cut
Both Sides) (F)
16,578 SF $3.00 $49,734.00 $11.00 $182,358.00 $2.00 $33,156.00 $11.00 $182,358.00 $6.50 $107,757.00 5 Furnish & Install 15” SDR 26 PVC Sewer Pipe
per COC Std. D-4 & D-12 2,763 LF $200.00 $552,600.00 $80.00 $221,040.00 $254.00 $701,802.00 $158.00 $436,554.00 $288.00 $795,744.00 6 Furnish & Install Manhole per COC Std. D-2 9 EA $8,500.00 $76,500.00 $13,000.00 $117,000.00 $11,200.00 $100,800.00 $18,707.00 $168,363.00 $21,396.00 $192,564.00 7 Modify/Rehabilitate Existing Manhole 3 EA $4,500.00 $13,500.00 $9,500.00 $28,500.00 $22,000.00 $66,000.00 $36,710.00 $110,130.00 $7,860.00 $23,580.00 8 Plug Existing Manhole/Sewer Connection 7 EA $1,500.00 $10,500.00 $3,500.00 $24,500.00 $680.00 $4,760.00 $2,891.00 $20,237.00 $4,025.00 $28,175.00 9 Modify, Extend, and/or Re-Connect Existing
Sewer laterals 4 EA $7,500.00 $30,000.00 $16,500.00 $66,000.00 $2,400.00 $9,600.00 $8,140.00 $32,560.00 $2,765.00 $11,060.00 10 Install /Patch 5” Asphalt / 10” CL 2 AB
(6’Wide-Includes 1’ T-Cut Both Sides) (F) 16,578 SF $10.00 $165,780.00 $15.00 $248,670.00 $7.50 $124,335.00 $8.00 $132,624.00 $21.00 $348,138.00 11 2.5” Grind & Overlay (14’ Wide) 40,000 SF $3.00 $120,000.00 $6.00 $240,000.00 $3.24 $129,600.00 $3.00 $120,000.00 $3.23 $129,200.00 12 Remove, Replace/Refresh Existing Striping as
needed/Per Plan 1 LS $23,000.00 $23,000.00 $26,000.00 $26,000.00 $15,000.00 $15,000.00 $27,940.00 $27,940.00 $20,640.00 $20,640.00 $1,119,244.00 $1,242,068.00 $1,261,134.00 $1,451,933.00 $1,845,378.00 Indicates Staff correction of the math.

Indicates Apparent Low Bidder
TOTAL
Bid Schedule Van Dyke Corp TBU Inc. Downing Cosntruction, Inc. Genesis Construction GRBCON Inc.

Item 28.

È
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È
6 "
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X
6 8
8 12
42 21
12 12
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18 12 18
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Bellissima II
Development Site
Deficient 12" Pipes (d/D: 0.86)
Deficient 8" Pipes (Surcharge)
Deficient 8" Pipes (d /D: 0.83)
Deficient 8" Pipes (Surcharge)
File Path: P:\xGIS\GIS_Projects\CityofCoachella\Sewer\241030-BellissimaII\COA_Fig2_ExisSystBellissimaIIEval_110524.aprx

PRELIMINARY
Updated: November 12, 2024 5GIS
Legend
Proposed Development
Bellissima II
Existing System
.²
WWTP
È
6 "
# õ"
Lift Station
X Diversion Structure
Loading Manhole
Pipeline d/D
d/D > 0.92
d/D 0.75 - 0.92
d/D 0.5 - 0.75
d/D 0.25 - 0.5
Modeled Force Mains
Modeled Gravity Pipes
Non-Modeled Gravity Pipes
Other
City Limits
0 0.13 0.25 0.5
Miles
Figure 2
Existing System + Bellissima II
Capacity Evaluation
Sewer Capacity Analysis
City of Coachella

Item 28.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Authorize the City of Coachella to Sponsor the Palm Springs International Film Festival (PSIFF) in the Amount of $20,000
STAFF RECOMMENDATION:

Staff recommends that the City Council considers approving a sponsorship request for the Palm Springs Film Festival in the Amount of $20,000.

BACKGROUND:

Launched in 1990, the Palm Springs International Film Festival (PSIFF) is a premier presenter of world cinema located in the beautiful Coachella Valley at the base of Mt. San Jacinto in southern California. The festival brings together a sophisticated and diverse audience, including industry, film aficionados from across the country and filmmakers from around the world.

The 36th annual Palm Springs International Film Festival is scheduled to be held from January 2 - 13, 2025. The annual star-studded Film Awards, honoring the best and brightest performances of the year, is scheduled to begin January 3, 2025.

PSIFF is organized by the Palm Springs International Film Society, a 501(c)(3) charitable nonprofit organization dedicated to cultivating and promoting the art and science of film through education and cross-cultural awareness.

DISCUSSION/ANALYSIS:

The City of Coachella will be entitled to all promotional and marketing benefits commensurate with its level of support. The City of Coachella’s logo will be in-full color, grouped, and sized commensurate with sponsorship level in the Souvenir Program book that is distributed before, during and after the festival. The City will also receive one (1) Full-Page Color Ad in the Souvenir Program Book. The digital advertising image and message of the City of Coachella’s choice will be included in the sponsor reel that runs continuously between every film at all venues during the festival.

Item 29.

Additional benefits include:
 A “Movie in the Park” held at Veteran’s Park in the City of Coachella.  A free event held at a location in the City of Coachella showcasing a Latino filmmaker (Date TBD). The event itself can be planned with the Palms Springs International Film Society (PSIFS) events and artistic planning department to create a unique event that is different from anything else previously done with a city partner in Coachella Valley.

The City will also receive the following festival tickets and hospitality benefits:
 Sponsor Screening Passes. Six (6) fully transferable sponsor passes, good for entry into all regular screenings.
 Opening Night Screening & Reception. Six (6) Tickets
 Closing Night Screening & Reception. Six (6) Tickets
 Filmmaker Parties. Six (6) tickets to each scheduled filmmaker party  Vouchers. Twenty (20) film screening vouchers that can be redeemed for any regular film screening once the Box Office opens through the Festival. Can be used as giveaways. 100 vouchers for Senior Citizens
 Social Media Post. One (1) dedicated social media post. Content to be provided by the City of Coachella
 Film Awards. Six (6) VIP Platinum Table for 12 seats to the 2025 Palm Springs International Film Awards, includes Parker After-Party access for all seat guests.  After Party. Two (2) transferable passes that can be used in the Talent Section at the After Party

FISCAL IMPACT
Should the City Council approve the request as submitted, an appropriation of $45,000 from the General Fund will be required to allow for sponsorship award.

ALTERNATIVES:

1. Authorize the City of Coachella to Sponsor the Palm Springs International Film Festival (PSIFF) in the Amount of $20,000

2. Not Authorize the City of Coachella to Sponsor the Palm Springs International Film Festival (PSIFF) in the Amount of $20,000
ATTACHMENTS:

1. PSIFF Sponsorship Proposal and Agreement

Item 29.

STAFF REPORT
12/11/2025
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Approval of the 2025 City Council Meetings Calendar STAFF RECOMMENDATION:

Staff recommends the approval of the 2025 City Council meetings calendar.

BACKGROUND:

Per the City of Coachella Municipal Code, Title 2 (Administration and Personnel), Chapter 2.04 (City Council), Section 2.04.040 - The City Council shall meet regularly on the second and fourth Wednesdays of each month at six p.m. at the Coachella City Council Chambers, City Hall located at 1515 Sixth Street, Coachella, California.

DISCUSSION/ANALYSIS:

Staff recommends that the following 2025 City Council meetings be cancelled:

Date: Reason:

January 8, 2025 New Year’s Day Holiday
April 23, 2025 Spring Break
May 21, 2025 ICSC Conference
July 23, 2025 NALEO Conference
August 14, 2025 Dark
August 28, 2025 Dark
October 8, 2025 League of California Cities – Annual Conference November 27, 2025 Thanksgiving Holiday
December 25, 2025 Christmas Holiday
Under Resolution No. 2001-10 – The Coachella Council Policies, Rules, and Procedures, Section 7 and 8 – the Mayor or the majority of the City Council can call a special or emergency meeting at any time and place.

Below are the following conferences that will impact the 2025 City Council meetings:

Item 30.
 International Council of Shopping Centers (ICSC): May 18-20, 2025 (Las Vegas, Nevada)  National Association of Latino Democratic Officials (NALEO): July 22 – 24, 2025 (Atlanta, Georgia)
 League of California Cities Annual Conference: October 8-10, 2025 (Long Beach, California)
ALTERNATIVES:

1. City Council may recommend additional cancellation dates or reduced the proposed cancellation dates

2. City Council not approve the recommended 2025 City Council meetings calendar FISCAL IMPACT:

No fiscal impact to the budget
ATTACHMENTS:

1. Attachment “A” – 2025 City Council Meetings Calendar: January 2025 – December 2025

Item 30.
202
5 July

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1

Item 30.

STAFF REPORT
12/11/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Coachella Healthy Food Truck Permit Pilot Program  Introduce Ordinance No. 1218 Coachella Healthy Food Truck Permit Pilot Program (ZOA No. 24-03) City Parks and parcels in downtown zones (DTPV and TR-PV Zones)  Introduce Ordinance No. 1219 Coachella Healthy Food Truck Permit Pilot Program (ZOA No. 24-03) for active date farms
STAFF RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 1218 and Ordinance No. 1219 for first reading, by title only, to adopt ordinances to implement a Coachella Healthy Food Truck Permit Pilot Program for the operation of mobile food trucks in qualifying City parks, parcels in downtown zones (DT-PV and TR-PV Zones) and active date farms.

BACKGROUND:

On March 13, 2024 the City Council adopted Ordinance No. 1209 establishing sidewalk vending regulations in compliance with SB 946. The requirements of the Riverside County Environmental Health have been challenging for sidewalk vendors to obtain a County health permit and the City currently does not allow mobile food trucks without a special event permit. The City recently sponsored the Coachella Container Park on Grapefruit Boulevard, which is a private enterprise and a City approved location for sidewalk vendors and food trucks. The Healthy Food Truck Permit Pilot program would allow a limited number of mobile food trucks subject to incorporating healthy menu items as encouraged in the City of Coachella General Plan Community Health and Wellness Element. The program will further enhance economic opportunities by creating unique and healthy culinary experiences in the Coachella Downtown and at existing date farms.

The Planning Commission reviewed the proposed ordinance at a study session November 6, 2024 and provided feedback that includes:
 Allow food trucks in City parks earlier than 5 p.m. when sports activities are occurring.  Allow for live music associated with food trucks in eligible Downtown zone properties.  Flexibility with alcohol service at date farm food trucks. The ordinance presented at the study session only permitted alcohol service with scheduled farm to table experiences.

Item 31.
 Consider allowing phased parking improvements at date farm food trucks.

On November 20, 2024, the Planning Commission recommended to the City Council adoption of the program with modifications that include:
• Allowing food trucks at the Avenue 53 soccer park near Armtec • Allow a maximum of 3 food trucks at date farms
• Standard accessible restrooms may be permitted instead of executive restrooms • Allow outdoor open grilling or asadero style grilling at date farms.

Since the Planning Commission meeting planning staff consulted with the Public Works Director and it is recommended that the food truck program not include the Avenue 53 soccer park since it is not a City park managed by the City of Coachella or have the availability of restrooms.

DISCUSSION/ANALYSIS:

The Coachella Healthy Food Truck Pilot Program would allow mobile food trucks as a 4-year pilot program with annual permit renewals, subject to menu and operational requirements in City parks, in the Downtown (DT-PV) and Downtown Transition (TR-PV) Zone, and on active date farms.

The City is working with the Riverside University Health System (RUHS) Nutrition and Health Promotion Branch and Coachella Blue Zones initiative in order to develop criteria for a healthy food truck. The program would require the mobile food trucks meet nutritional standards set forth in the Blue Zones Food guidelines and Blue Zones Restaurant Pledge with an emphasis on nutritional guidelines such as eating seasonal fruits and vegetables, whole grains, beans, and nuts; using plant-based oils; reducing sugar and dairy and increasing plant-based options. It also includes guidelines and recommendations on optimizing the food environment and eating experience and promoting health options. The efforts would complement the Coachella Blue Zones initiative with the aim of improving health outcomes by including simple guidelines for how the world's longest-lived people ate for most of their lives.

The Coachella Healthy Food Truck program requirements are outlined below:

City Parks
 2 food trucks maximum stationed around Dateland Park, Bagdouma Park, and Rancho Las Flores Park
 1 food truck maximum at De Oro Park, Sierra Vista Park  1 food truck at City of Coachella Civic Center and Corporate Yard  Operating Hours – 5 p.m. to 10 p.m. weekdays and 8 a.m. to 10 p.m. weekends.  Administrative approval
Downtown (DT-PV) and Downtown Transition (TR-PV) Zoned parcels located around Coachella Veterans’ Memorial Park. These parcels are largely occupied with existing singlefamily homes and allow the property owner the flexibility to operate a retail and food service businesses. There are 19 eligible parcels.
 1 food truck per lot or more than 1 food truck on lots or sites larger than 11,500 sq. ft.  Operate entirely on the property in the front yard and on-site consumption with tables and chairs would be permitted
 Operating Hours – 5 p.m. to 12 a.m.

Item 31.
 Administrative approval
Date Farms
 3 food trucks maximum per lot with a minimum 1-acre size that must be an active date farm with a minimum of 30 date palm trees
 Requires a minimum of 1 signature food offering with date ingredients or offer of the direct sale of date fruits
 On-site parking required
 Requires activity areas such as cornhole and horseshoes  Allows accessory retail pop-up businesses
 Operating Hours – 7 a.m. to 10 p.m.
 On-Sale Alcohol service permitted with approval of a Conditional Use Permit.  Planning Commission approval is required as a non-hearing item ALTERNATIVES:
1) A) Introduce Ordinance No. 1218 (ZOA No. 24-03), for first reading, by title only, to establish a Coachella Healthy Food Truck Permit Pilot Program for the operation of mobile food trucks in qualifying City parks, parcels in downtown zones (DT-PV and TR-PV Zones). Not including “Avenue 53 soccer park.”
B) Introduce Ordinance No. 1219 (ZOA No. 24-03), for first reading, by title only, to establish a Coachella Healthy Food Truck Permit Pilot Program for the operation of mobile food trucks at active date farms.
2) A) Introduce Ordinance No. 1218 (ZOA No. 24-03), for first reading, by title only, to establish a Coachella Healthy Food Truck Permit Pilot Program for the operation of mobile food trucks in qualifying City parks, parcels in downtown zones (DT-PV and TR-PV Zones).

B) Introduce Ordinance No. 1219 (ZOA No. 24-03), for first reading, by title only, to establish a Coachella Healthy Food Truck Permit Pilot Program for the operation of mobile food trucks at active date farms.
3) Deny the proposed ordinances.
4) Continue this item and provide staff with direction.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1. The pilot program is a limited term and would accomplish the following:
 Serve as an intermediary path for sidewalk vendors to brick and mortar businesses  Provide healthy food options to Coachella residents in compliance with the Coachella Health and Wellness Element

Item 31.
 Encourage more visitors to the Coachella Downtown in a unique setting that enables property owners to curate a culinary experience
 Establish a visitor experience in Coachella date gardens, Coachella Date Trail/Coachella Ruta de Datil, with mobile food truck businesses traditionally not permitted in an agricultural setting
Staff will present a resolution for the adoption of a fee to support the administration of the pilot program at the next City Council meeting.

Attachments:

1. Ordinance No. 1218 ZOA No. 24-03 Coachella Healthy Food Truck Permit Pilot Program - City Parks and Downtown and Downtown Transition Zones

2. Ordinance No. 1219 ZOA No. 24-03 Coachella Healthy Food Truck Permit Pilot Program - Healthy Food Truck Permit Ordinance – Date Farms

3. Blue Zones Healthy Dish Guidelines

4. Blue Zones Restaurant Pledge

Item 31.

ORDINANCE NO. 1218

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COACHELLA ESTABLISHING A PILOT PROGRAM FOR

HEALTHY FOOD TRUCK PERMITS AT CERTAIN CITY

PARKS AND DOWNTOWN (DT-PV) AND DOWNTOWN

TRANSITION (TR-PV) ZONED PROPERTIES DIRECTLY
SURROUNDING COACHELLA VETERANS’ MEMORIAL
PARK. CITY-INITIATED. (First Reading)
WHEREAS, pursuant to the authority granted to the City of Coachella (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and, WHEREAS, the proposed Ordinance would amend Title 17 (Zoning) to streamline the development review process, create more flexibility in development standards, implement the General Plan and modify Zoning Ordinance to address new changes required by State Law; and WHEREAS, based on that analysis, the City Council finds that the Objective Design Standards are exempt from further review of the California Environmental Quality Act (CEQA) because it is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment and is not a "project" as defined by section 15378 pursuant to State CEQA Guidelines 15060(c)(2 and 3) and 15061(b)(3). The Ordinance will not result in any increase in the intensity or density of any land use above what is currently allowed in the Coachella General Plan 2035 and the Zoning Ordinance; and WHEREAS, on November 20, 2024 the Planning Commission reviewed the ordinance; and
WHEREAS, at the said non-hearing item, the Planning Commission recommended that the City Council approve this Ordinance; and
WHEREAS, on December 11, 2024 the City Council reviewed the ordinance at which time during the hearing members of the public were given an opportunity to testify regarding the Project; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Purpose
The purpose of this ordinance is to establish a pilot program for healthy food truck permits on Downtown Transition (DT-PV) and Downtown Transition (TR-PV) District zoned private properties surrounding Coachella Veterans’ Memorial Park and at other City of Coachella parks,

Item 31.
with the goal of providing accessible, nutritious food options for residents and visitors, in alignment with American Heart Association’s nutritional standards or Coachella Blue Zones Food Guidelines certification. The program shall be temporary, lasting for a period of four (4) years.

Healthy food trucks in the Downtown Transition District are intended to encourage establishment of long-term brick and mortar businesses on the same property.

SECTION 2. Definitions
For the purposes of this ordinance, the following definitions shall apply:

1. "Mobile food truck" means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

2. “Healthy Food Truck” A mobile food truck that provides a menu where at least 50% 25% of food and beverage items meet the nutritional standards set forth by the American Heart Association (AHA) Blue Zones Food Guidelines and Blue Zones Restaurant Pledge, which include by the City of Coachella and the Riverside University Health System (RUHS) Nutrition and Health Promotion Branch. with an emphasis on nutritional guidelines such as eating seasonal fruits and vegetables, whole grains, beans, and nuts; using plant-based oils; reducing sugar and dairy and increasing plant-based options. It also includes guidelines and recommendations on optimizing the food environment and eating experience and promoting health options.

SECTION 3. Eligibility for Healthy Food Truck Permit
To qualify for a permit under this ordinance, a food truck must meet the following criteria:

1. Menu Requirements: The food and beverage items offered must meet the nutritional standards that align with American Heart Association’s or the Coachella Blue Zones Food Guidelines and Blue Zones Restaurant Pledge,
o Limitations on saturated fat, trans fats, sodium, and added sugars. o Emphasis on fruits, vegetables, whole grains, lean proteins, and low-fat dairy. o Offer plant-based foods (vegetables, beans, whole grains, fruits, nuts, tofu, quinoa).
o Include at least one vegetable per dish.
o Use 100% whole-grain versions of pasta, pizza, tortillas, and cereals. o Offer at least one Blue Zones® Inspired entrée meeting Healthy Dish Guidelines.
o Provide half-size portions of top-selling entrées.
o Price plant-based protein entrées lower than meat entrées. o Offer whole grain alternatives to refined-grain options.

2. Blue Zones Project Compliance
o Source at least three fruits/vegetables from local farms (within 400 miles). o Offer water for self-service and healthy beverage alternatives. o Serve salad dressings and condiments on the side.

Item 31.
o Allow customers to request grilled, baked, or broiled options instead of fried. o Optimize menu design to highlight healthy options.
o Train staff quarterly on healthy food initiatives.
o Prohibit smoking near food trucks.

3. Location Requirements: A permit for a mobile food truck shall not be approved unless the following are met:
o A maximum of one (1) mobile food truck on an individual developed lot surrounding Veteran’s Memorial Park along Vine Street, 4th Street, and Orchard Street in the Downtown (DT-PV) and Downtown Transition (TR-PV) Zoning District and more than one mobile food truck on lots or sites greater than 11,500 square feet. Properties with existing residences are permitted to locate a food truck along the frontage of the property and subject to plot plan review by the Development Services Department.
o No more than two (2) mobile food trucks are allowed stationed around a public park or within the park parking lot at a minimum of 50 feet from street intersections as approved by the Public Works Director (Dateland Park, Bagdouma Park, Rancho Las Flores Park).
o No more than one (1) mobile food truck is allowed stationed around De Oro Park, Sierra Vista Park, Library Park and Ave 53 Soccer Park at a minimum of 50 feet from street intersections
o No more than one (1) mobile food truck is allowed stationed at the City of Coachella Civic Center or Corporate Yard.

4. Compliance and Verification: Food truck operators must submit a detailed menu with nutritional information to the City of Coachella for approval by the Riverside University Health System (RUHS) Nutrition and Health Promotion Branch prior to receiving a permit.

RUHS will conduct regular inspections to ensure compliance with these standards throughout the permit period.

SECTION 4. Operational requirements.

A mobile food truck shall comply with the following:

1. Area maintenance. The lot in the Downtown and Downtown Transition Zone used by the mobile food truck shall be kept free of any debris or trash. Mobile food trucks at parks shall maintain a 20 foot radius kept free of any debris or trash.

2. No onsite consumption area. Except for shade covers or awnings that provide shade for customers waiting for food for a mobile food truck at City parks, no tables or chairs shall be placed on the lot.

3. Amplified sound. No loudspeaker systems, or other device(s) designed to amplify sound are allowed on the lot or associated with the mobile food truck without a special event permit.

Live music is permitted associated with operation of a mobile food truck in eligible DT-PV and TR-PV Zoned sites.

4. Signage. All signage shall comply with chapter 17.56, sign regulations of this title.

Additionally, air flyers and sign twirlers are prohibited on the Lot.

5. Lights. All temporary outdoor lighting shall be shielded or downward facing.

6. Location safety.

Item 31.

1. Mobile food trucks shall be located at least fifteen (15) feet from any fire hydrant, utility box or vault, public right of way, emergency vehicle route, internal drive aisle, tree canopy or pedestrian pathway.

2. Mobile food trucks shall not operate within a five-foot radius of another mobile food truck.

3. Mobile food trucks shall not otherwise be located within any area of the lot that obstructs pedestrian or vehicle traffic.

7. No alcohol or sale of controlled substances. The sale or soliciting the sale of any alcoholic beverages or controlled substances from a mobile food truck is strictly prohibited.

8. Waste disposal.

1. No mobile food truck shall cause or dispose of oil, grease, or waste on the lot.

2. Wastewater generated on-site shall not be released on-site or into the storm drainage system.

10. Parking. Overnight parking or storage of the mobile food truck at a park is prohibited.

11. Display of permit. A mobile food truck shall possess and at all times display in clear view a certified copy of its current environmental health decal and grade card issued by the department of environmental health and approved healthy food truck permit.

12. Trash receptacles.

1. At least one visible trash receptacle for use by customers shall be placed within twenty (20) feet of the mobile food truck operation.

2. Unless the property owner has provided for a permitted dumpster, all trash receptacles shall be removed once the mobile food truck operation has ceased each day.

13. Restrooms. In accordance with Section 114315 of the California Retail Food Code, mobile food trucks stopped to conduct business for more than one hour, shall operate within two hundred (200) feet of an approved, readily available and functioning restroom facility. If the restroom is within a business, the mobile food truck operator must submit with the plot plan application, written permission from the business owner providing the hours the restroom facilities are being made available for use by the food service workers. Executive Accessible portable toilet facilities with handwashing stations may satisfy this requirement.

14. Federal, state, and local laws and regulations. Mobile food trucks shall comply with all other applicable federal, state and local laws and regulations.

Item 31.

SECTION 5. Permit Duration and Renewal

1. Permit Duration: Permits issued under this pilot program shall be valid for one (1) year, with an option to renew annually for the duration of the four (4)-year pilot program, subject to compliance with the terms of this ordinance.

2. Temporary Nature: The pilot program will expire at the end of four (4) years from the date this ordinance takes effect. No new permits will be issued after the expiration of the pilot program unless the City Council takes action to extend or modify the program.

3. Hours of Operation: Food trucks in the Downtown Transition zone are limited to operating evenings commencing at 5 p.m. and concluding at 12 a.m. Food trucks operating in qualifying parks are limited to operating weekdays evenings commencing at 5 p.m. and concluding at 10 p.m. and on weekends commencing at 8 a.m.and concluding at 10 p.m.

SECTION 6. Approval Requirements
The planning director shall approve a healthy food truck permit for DT-PV and TR-PV zones if all of the following are met:

1. The mobile food truck operation complies with the requirements set forth in this article;

2. Written consent from the lot owner allowing the mobile food truck to operate on the lot has been provided to the planning director;

3. An environmental health permit has been issued for the mobile food truck by the department of environmental health;

4. Inspection of the mobile food truck has been completed by the county fire marshal; and

5. There is no pending code enforcement action on the lot or site.

The City Manager or designee shall review all application requests for the operation of healthy food truck permits in City parks with preference to mobile food trucks with menus that exceed established healthy food truck nutritional standards and verifiable local procurement consistent with the Coachella Health and Wellness Element. The City Manager or designee shall approve a healthy food truck permit if all of the following are met:

1. The mobile food truck operation complies with the requirements set forth in this article;

2. Written consent from the lot owner allowing the mobile food truck to operate on the lot has been provided to the planning director;

3. An environmental health permit has been issued for the mobile food truck by the department of environmental health;

4. Inspection of the mobile food truck has been completed by the county fire marshal; and

5. There is no pending code enforcement actions;

6. The requested City park in the application does not exceed the number of permitted mobile food trucks.

Item 31.

SECTION 8. Revocation of Permit
The City reserves the right to revoke a food truck’s permit for failure to comply with the provisions of this ordinance, including failure to maintain the required percentage of healthy menu items or operating outside of designated private properties.

SECTION 8. CEQA Analysis.

The Planning Division prepared an environmental assessment for the proposed zoning ordinance amendment and based on that analysis the City Council finds that the Phase 1 Streamline Code Amendments are exempt from further review of the California Environmental Quality Act (CEQA) because it is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment and is not a "project" as defined by section 15378 pursuant to State CEQA Guidelines 15060(c)(2 and 3) and 15061(b)(3). The Ordinance will not result in any increase in the intensity or density of any land use above what is currently allowed in the Coachella General Plan 2035 and the Zoning Ordinance.

SECTION 9. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 10. Effective Date.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption and remain in effect for the duration of the four-year pilot program unless otherwise amended or repealed.

Item 31.

PASSED, APPROVED, AND ADOPTED this ______ of _____________, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos Campos, Best Best & Krieger LLP
City Attorney

Item 31.

ORDINANCE NO. 1219

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COACHELLA ESTABLISHING A PILOT PROGRAM FOR

HEALTHY FOOD TRUCK PERMITS AT ACTIVE
COACHELLA DATE FARMS. CITY-INITIATED (First
Reading)
WHEREAS, pursuant to the authority granted to the City of Coachella (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and, WHEREAS, the proposed Ordinance would amend Title 17 (Zoning) to streamline the development review process, create more flexibility in development standards, implement the General Plan and modify Zoning Ordinance to address new changes required by State Law; and WHEREAS, based on that analysis, the City Council finds that the Objective Design Standards are exempt from further review of the California Environmental Quality Act (CEQA) because it is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment and is not a "project" as defined by section 15378 pursuant to State CEQA Guidelines 15060(c)(2 and 3) and 15061(b)(3). The Ordinance will not result in any increase in the intensity or density of any land use above what is currently allowed in the Coachella General Plan 2035 and the Zoning Ordinance; and WHEREAS, on November 20, 2024 the Planning Commission reviewed the ordinance; and
WHEREAS, at the said non-hearing item, the Planning Commission recommended that the City Council approve this Ordinance; and
WHEREAS, on December 11, 2024 the City Council reviewed the ordinance at which time during the hearing members of the public were given an opportunity to testify regarding the Project; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Purpose.

The purpose of this ordinance is to establish a pilot program for healthy food truck permits at active date farms zoned with the goal of providing accessible, nutritious food options for residents and visitors in areas that lack food service location, in accordance with the standards in alignment with American Heart Association’s nutritional standards or Coachella Blue Zones Food Guidelines certification, and celebrating the agricultural heritage of the City of Coachella.

The program shall be temporary, lasting for a period of four (4) years. The healthy food trucks

Item 31.
in the date farms are intended to encourage establishment of long-term food service and visitor opportunities on the same property.

SECTION 2. Definitions.

For the purposes of this ordinance, the following definitions shall apply:

1. "Mobile food truck" means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

2. “Healthy Food Truck” A mobile food truck that provides a menu where at least 50% 25% of food and beverage items meet the nutritional standards set forth by the American Heart Association (AHA) Blue Zones Food Guidelines and Blue Zones Restaurant Pledge, which include by the City of Coachella and the Riverside University Health System (RUHS) Nutrition and Health Promotion Branch. with an emphasis on nutritional guidelines such as eating seasonal fruits and vegetables, whole grains, beans, and nuts; using plant-based oils; reducing sugar and dairy and increasing plant-based options. It also includes guidelines and recommendations on optimizing the food environment and eating experience and promoting health options.

SECTION 3. Eligibility for Healthy Food Truck Permit.

To qualify for a permit under this ordinance, a food truck must meet the following criteria:

1. Menu Requirements: The food and beverage items offered must meet the nutritional standards that align with American Heart Association’s or the Coachella Blue Zones Food Guidelines and Blue Zones Restaurant Pledge,
o Limitations on saturated fat, trans fats, sodium, and added sugars. o Emphasis on fruits, vegetables, whole grains, lean proteins, and low-fat dairy. o Offer plant-based foods (vegetables, beans, whole grains, fruits, nuts, tofu, quinoa).
o Include at least one vegetable per dish.
o Use 100% whole-grain versions of pasta, pizza, tortillas, and cereals. o Offer at least one Blue Zones® Inspired entrée meeting Healthy Dish Guidelines.
o Provide half-size portions of top-selling entrées.
o Price plant-based protein entrées lower than meat entrées. o Offer whole grain alternatives to refined-grain options. o
o The menu shall offer a minimum of one (1) signature food offering with date ingredients or offer the direct sale of date fruits.

2. Blue Zones Project Compliance
o Source at least three fruits/vegetables from local farms (within 400 miles). o Offer water for self-service and healthy beverage alternatives. o Serve salad dressings and condiments on the side.

Item 31.
o Allow customers to request grilled, baked, or broiled options instead of fried. o Optimize menu design to highlight healthy options.
o Train staff quarterly on healthy food initiatives.
o Prohibit smoking near food trucks.

3. Location Requirements: A permit for a mobile food truck shall not be approved unless the following are met:
o A maximum of three (3) mobile food truck on a parcel one (1) acre or greater that is under active date farm production with a minimum of 30 live date palm trees subject to plot plan review by the Development Services Department.

4. Compliance and Verification: Food truck operators must submit a detailed menu with nutritional information to the City of Coachella for approval by the Riverside University Health System (RUHS) Nutrition and Health Promotion Branch prior to receiving a permit.

RUHS will conduct regular inspections to ensure compliance with these standards throughout the permit period.

SECTION 4. Operational requirements.

A mobile food truck shall comply with the following:

1. Area maintenance. The lot used by the mobile food truck shall be kept free of any debris or trash.

2. Onsite consumption area. Tables and chairs may be placed on individual lots subject to plot plan review.

3. Amplified sound. No loudspeaker systems, or other device(s) designed to amplify sound are allowed on the lot or associated with the mobile food truck.

4. Signage. All signage shall comply with chapter 17.56, sign regulations of this title.

Additionally, air flyers and sign twirlers are prohibited on the Lot.

5. Lights. All temporary outdoor lighting shall be shielded or downward facing.

6. Location safety.

1. Mobile food trucks shall be located at least fifteen (15) feet from any fire hydrant, utility box or vault, public right of way, emergency vehicle route, internal drive aisle, tree canopy or pedestrian pathway.

2. Mobile food trucks shall not operate within a five-foot radius of another mobile food truck.

3. Mobile food trucks shall not otherwise be located within any area of the lot that obstructs pedestrian or vehicle traffic.

7. Alcohol sales. The sale or soliciting the sale of any alcoholic beverages may be permitted subject to a Conditional Use Permit (CUP) and Alcohol Beverage Control license associated with the serving of food.

8. Waste disposal.

1. No mobile food truck shall cause or dispose of oil, grease, or waste on the lot.

2. Wastewater generated on-site shall not be released on-site or into the storm drainage system.

Item 31.

9. Parking. Adequate on-site parking shall be provided and illustrated on a plot plan with driveways for ingress and egress and adequate dust control measures. In-lieu of impervious surface improvements the applicant may propose compacted decomposed granite or other permeable surfaces subject to a maintenance program approved by the City Engineer.

10. Display of permit. A mobile food truck shall possess and at all times display in clear view a certified copy of its current environmental health decal and grade card issued by the department of environmental health and approved healthy food truck permit.

11. Trash receptacles.

1. At least one visible trash receptacle for use by customers shall be placed within twenty (20) feet of the mobile food truck operation.

2. Unless the property owner has provided for a permitted dumpster, all trash receptacles shall be removed once the mobile food truck operation has ceased each day.

13. Restrooms. In accordance with Section 114315 of the California Retail Food Code, mobile food trucks stopped to conduct business for more than one hour, shall operate within two hundred (200) feet of an approved, readily available and functioning restroom facility. If the restroom is within a business, the mobile food truck operator must submit with the plot plan application, written permission from the business owner providing the hours the restroom facilities are being made available for use by the food service workers. Executive Accessible portable toilet facilities with handwashing stations may satisfy this requirement.

14. Accessory Retail Pop-Ups. The applicant may be permitted to include accessory retail popup businesses in designated areas of the mobile food truck plot plan and subject to a City business license.

15. Activity Areas. The applicant shall include a minimum of one (1) activity areas (examples:
cornhole, horsehoes, Giant Jenga). Organized activities such as group crafts, group work outs or yoga may be permitted and shall be described in the application.

16. Outdoor Asador Style Grilling. The applicant may be permitted to conduct accessory outdoor open grilling subject to review on the permit plot plan and County of Riverside Environmental Health permits.

17. Federal, state, and local laws and regulations. Mobile food trucks shall comply with all other applicable federal, state and local laws and regulations.

SECTION 5. Permit Duration and Renewal.

1. Permit Duration: Permits issued under this pilot program shall be valid for one (1) year, with an option to renew annually for the duration of the four (4)-year pilot program, subject to compliance with the terms of this ordinance.

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2. Temporary Nature: The pilot program will expire at the end of four (4) years from the date this ordinance takes effect. No new permits will be issued after the expiration of the pilot program unless the City Council takes action to extend or modify the program.

3. Hours of Operation: Mobile food trucks operating on a date farm are limited to operating at 7 a.m. and concluding at 10 p.m.

SECTION 6. Approval Requirements.

The Planning Commission shall approve a date farm healthy food truck permit and plot plan as a non-hearing item if all of the following are met:

1. The mobile food truck operation complies with the requirements set forth in this article;

2. Written consent from the lot owner allowing the mobile food truck to operate on the lot has been provided to the planning director;

3. An environmental health permit has been issued for the mobile food truck by the department of environmental health;

4. Inspection of the mobile food truck has been completed by the county fire marshal; and

5. There is no pending code enforcement action on the lot.

SECTION 7. Revocation of Permit.

The City reserves the right to revoke a food truck’s permit for failure to comply with the provisions of this ordinance, including failure to maintain the required percentage of healthy menu items or operating outside of designated private properties.

SECTION 8. CEQA Analysis.

The Planning Division prepared an environmental assessment for the proposed zoning ordinance amendment and based on that analysis the City Council finds that the Phase 1 Streamline Code Amendments are exempt from further review of the California Environmental Quality Act (CEQA) because it is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment and is not a "project" as defined by section 15378 pursuant to State CEQA Guidelines 15060(c)(2 and 3) and 15061(b)(3). The Ordinance will not result in any increase in the intensity or density of any land use above what is currently allowed in the Coachella General Plan 2035 and the Zoning Ordinance.

SECTION 9. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

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SECTION 10. Effective Date.

The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption and remain in effect for the duration of the four-year pilot program unless otherwise amended or repealed.

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PASSED, APPROVED, AND ADOPTED this ______ of _____________, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos Campos, Best Best & Krieger LLP
City Attorney

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Features plant-based foods (vegetables, beans, whole grains, fruits, nuts, tofu, quinoa, tempeh, seitan, plant-based meat substitutes).

For breakfast entrées, may use one whole egg. Preferably use organic free-range eggs. Tofu scramble is an alternative to scrambled eggs.

Includes at least one vegetable. Examples of commonly used vegetables in blue zones areas are broccoli, asparagus, sautéed kale, baked yams/potatoes, and carrots.

Does not include fried foods of any kind (i.e. French fries). Sautéing at low temperatures is a good alternative.

Uses only 100 percent whole-grain versions of pasta, pizza, tortillas, breakfast cereals, and other flour-based foods. A whole grain has 100 percent of the original kernel present.

Uses brown rice or other whole-grain alternatives (i.e. quinoa, barley, buckwheat) instead of white rice.

Uses 100 percent whole grain or sprouted-grain breads instead of white bread, with the exception of sourdough bread.

Uses olive oil and canola oil instead of butter.

Uses nut butters, hummus, and mustard as alternatives to mayonnaise.

Uses fewer than six teaspoons of added sugars. Preferably uses honey, unrefined whole-cane sugar, or other natural sweeteners.

If including dairy, limit to goat’s milk, sheep’s milk, or products made from these milks.
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Follow these guidelines to create ‘plant slant’ entrées approved by Blue Zones Project® for your restaurant.

These guidelines are derived from diets of the world’s longest lived people. Although restaurants do not need to change any particular menu item to achieve Blue Zones Project Approved™ status, only menu items that adhere to the Healthy Dish Guidelines may be marked as “Blue Zones® Inspired.” To create entrées or menus bearing the label “Blue Zones® Inspired,” all ingredients must meet the below criteria. If the criteria does not apply mark the box with “N/A.” For children’s entrées, ensure that the portion size is appropriate for a child. Salads are excluded. Add two extra points towards your overall certification score for each entrée offered.

CRITERIA CRITERIA MET?
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BLUE ZONES HEALTHY

DISH GUIDELINES
Copyright © 2024 Blue Zones, LLC. All rights reserved.
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bluezones.com

RESTAURANT PLEDGE
Optimize your
restaurant for
better health and
business

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TABLE OF CONTENTS
Blue Zones Project Overview………………………………………………………………………………………………………….. 3 Steps to Achieve Blue Zones Project Approved Status…..……………………………………………………………….. 4 Blue Zones Project Helps Your Bottom Line……………………………………………………………………………………. 5 Blue Zones Project Restaurant Pledge ……………………………….……………………………………………………………6 Detailed Descriptions of Blue Zones Project Restaurant Pledge Actions…………………………………….…… 9 Blue Zones Healthy Dish Guidelines………………………………………………………………………………………………. 20 Blue Zones Food List ……………………………………………………………………………………………………………………… 21 Blue Zones How to Optimize a Menu ……………………………………………………………………………………………. 23 Blue Zones Optimized Healthy Menu Design ………………………………………………………………………………… 24 References …………………………………………………………………………………………………………………………………….. 25

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WHAT IS BLUE ZONES PROJECT?
Across the globe lie blue zones areas, where people reach age 100 at an astonishing rate. Citizens of places like Sardinia, Italy; Okinawa, Japan; and Loma Linda, California, have maintained their healthy lifestyles for generations. Blue Zones Project® aims to adopt the lifestyle principles of these areas to transform cities and towns into Blue Zones Communities®, where people can live longer, better lives.

Our town is trying to become a Blue Zones Community. Achieving that goal requires restaurants, grocery stores, schools, worksites, and city government to make healthy choices easier through permanent changes to environment, policy, and social networks.

Restaurants play a key role in Blue Zones Project as more and more customers are seeking healthy options when eating out. By adopting best practices from around the country, restaurants can meet growing customer demand and increase revenue, all while improving customers’ health. Our Blue Zones Project team is here to help you optimize your restaurant environment for better health and business.

BENEFITS FOR RESTAURANTS
• Restaurant promotion through Blue Zones Project social media and website that drives new customers to your store
• Opportunities to cater community events, which will increase community awareness of your restaurant
• Opportunities to cater meetings and events at Blue Zones Project Approved™ worksites, creating new, on-going business
• Ability to attract new diners by offering healthier options • Increased sales of healthy food and beverage options through best practices that highlight these items
• Access to Blue Zones Project resources, support, and marketing collateral to implement best practices
• Recognition for being part of an important community-wide project to improve well-being 3

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STEPS TO ACHIEVE BLUE ZONES PROJECT APPROVED STATUS

1. Review the Blue Zones Project® Restaurant Pledge, and identify which best practices you already do and which ones you would like to start doing.

2. Pursue the pledge actions you identified using the document entitled “Detailed Descriptions of Blue Zones Project Restaurant Pledge Actions.” Our team is here with resources, expertise, and collateral to help you complete the pledge actions. Work with your Blue Zones Project team to get access to the online marketing resource center.

3. As you complete pledge actions, document their completion to meet the validation requirements for each pledge action.

4. Measure the impact of the changes made in your restaurant by tracking items such as sales and inventory.

Other restaurants have seen increased sales of healthy foods and beverages, increased sourcing from farm to restaurant, and improved customer feedback and loyalty.

5. When you have implemented all of the best practices you selected, contact a Blue Zones Project team member to validate your achievement. Then, celebrate your status as Blue Zones Project Approved. 4

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BLUE ZONES PROJECT HELPS YOUR BOTTOM LINE
Participating in Blue Zones Project isn’t just better for the health of your customers. You’ll boost your bottom line at the same time. Here’s how!
Customers Buy Healthier Options
• In a study of sales at chain restaurants between 2006 and 2011, chains that increased their better-foryou/low-calorie servings saw a 5.5 percent increase in same-store sales, while those that did not suffered a 5.5 percent decrease.
1 • Soda consumption has been declining for nearly a decade. The average American consumed over 50 gallons of soda in 2005. By 2012, they consumed 42.4 gallons.2 Diners are looking for alternative beverages, making this a great time to add healthier choices like tea or sparkling water to your menu. • By tweaking your menu you can increase sales of healthy options and increase sales overall. Just adding descriptive menu labels to healthy options (e.g. “rich blend of lentils with notes of cardamom”) can boost sales by up to 27 percent.
3 Smaller Portions Increase Profit Margins
• Researchers have found that small portions satisfy hunger and cravings just as well as large portions.4 By charging more than 50 percent of the full-size price, half-size portions are more profitable than full-size portions.
• If servers offer customers the option to downsize unhealthy side dishes, they typically say yes—even without a discount.5 This cuts down on food costs and increases profit margins.

Eliminating Giveaways Reduces Food Costs
• Bread costs restaurants an average $2.50/pound, but it is typically served for free.6 Save money—and encourage healthier eating—by making the breadbasket available by request only or by charging for bread.

Early Leftover Reminder to Increase Sales
• A study showed that people who are told about to-go boxes before they order are about 40 percent more likely to say they will take home leftovers than those who are asked afterward—a double win as people might order more and eat less at each sitting, thus having room for a high-margin beverage.7 5

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6 BLUE ZONES PROJECT RESTAURANT PLEDGE
This pledge includes best practices that will help your customers live longer, better while boosting your revenue through increased demand for healthy menu options. The more best practices you adopt, the more you optimize your restaurant environment for better health and increased business.

ACHIEVING BLUE ZONES PROJECT APPROVED STATUS
 Adopt best practices to earn at least 44 out of 66 total possible points. *Completion of the best practices will be confirmed by Blue Zones Project team. You will be asked to submit a copy of your menu, pictures, and other documentation.

BEST PRACTICES
Section 1: Entrée Offering Currently
Doing
Points Will Do

1. Offer half-size portions of your top-selling entrées. Promote this choice on your menu.
3 2. Offer a children’s menu with at least one entrée that meetsthe Blue Zones Healthy Dish Guidelines (salads excluded). Call attention to these entrées on your menu. You may label them as “Blue Zones® Inspired.” For each additional entrée you offer, you earn two points (up to four bonus points, for a total of six possible points). 2 3. Offer one entrée that meets the Blue Zones Healthy Dish Guidelines (salads excluded). Call attention to this entrée on your menu. You may label it as “Blue Zones® Inspired.” For each additional entrée you offer, you earn two points (up to six bonus points, for a total of eight possible points). 2 4. Price entrées with a plant-based protein lower than meat entrées. 2 Section 2: Side Dishes and Ingredients Currently
Doing
Points Will Do

5. Offer a vegetable, fruit, 100 percent whole grain, or salad as the default side-dish selection for all applicable menu items.
3 6. Offer whole grain alternatives to all of your refined-grain options. Promote this option on your menu.
2 7. Source three fruits and/or vegetables from local farms or farmers markets (produced less than 400 miles away) during the growing season. 2 8. Do not offer soda, chocolate milk, or fruit juices as default beverages for children’s meal.
2 9. If you serve dessert, offer at least one option that is only fresh fruit. Call attention to these desserts on your menu. You may label them as “Blue Zones® Inspired.”
2 10. Offer 100-calorie ‘nice bite’ desserts for at least half of your dessert offerings. Promote this choice on your menu.
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Section 3: Education and Awareness Currently
Doing
Points Will Do

11. Train staff at least quarterly on the pledge actions you have completed. Post a list of the pledge actions in the staff room. 3 12. Train servers to only mention vegetables, fruit, salad, and 100 percent whole grains as side-dish options when taking food orders. 2 13. Let customers know before they order that to-go boxes can be brought at any time during the meal (before, during, or after). Promote this on your menu or table tent.
2 14. Offer promotions or discounts on “Blue Zones Project® Inspired” entrees, if applicable.
2 15. Have 25 percent of restaurant staff sign the Blue Zones Personal Pledge.
1 16. Allow patrons to split plates at no extra charge. 1 Section 4: Environment Currently
Doing
Points Will Do

17. Prohibit smoking on restaurant property both indoors and outdoors. 3

18. Do not place a salt shaker on the table unless requested. Remove the shaker when busing the table.
3 19. Do not offer free refills on sugar-sweetened beverages. 3

20. Install bicycle racks outside of your restaurant. 2

21. Serve patrons a glass of water upon arrival and/or leave a water pitcher on the table.
1 Section 5: Preparation and Presentation Currently
Doing
Points Will Do

22. Optimize your menu using four of the suggestions from the Blue Zones Optimized Healthy Menu Design (requires menu revision). For each additional included suggestion, you earn one point (up to four bonus points, for a total of eight possible points).
4 23. Do not serve bread or chips before meals unless requested. 3

24. Allow customers to request any entrée grilled, baked, or broiled rather than fried. Promote this option on your menu.
2 25. Offer raw vegetables or a healthy sample (amuse-bouche) before dinner instead of bread.
2 26. Serve all salad dressings and condiments on the side. 2

27. Serve sugar-sweetened beverages in glasses that hold 12 ounces or less (preferably tall, narrow glasses).
2 28. Serve entrées on 10-inch plates or smaller. 2
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29. Offer club soda, sugar-free soda, and/or sugar-free iced tea as alternatives to sugar-sweetened beverages.
1 30. Use plates, glasses, and bowls that are smaller for children than for adults.
1 31. If you serve bread, serve it with olive oil instead of butter. 1

32. Do not butter bread or buns before serving. 1
Section 6: Propose New Pledge Actions: This section allows you to propose up to three new pledge actions that align with the intent of Blue Zones Project. Please review your validation form for detailed instructions on developing and submitting new pledge actions. Up to three pledge actions can be proposed for a maximum of six total bonus points. Pledge actions will be approved and point value assigned by the Blue Zones Project team.

33. 34.

35. TOTAL YOUR POINTS
Must be 44 or greater to achieve Blue Zones Project Approved status Points
Currently Doing
Will Do
Total Points
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DETAILED DESCRIPTIONS OF BLUE ZONES PROJECT RESTAURANT PLEDGE ACTIONS Section 1: Entrée Offering

1. Offer half-size portions of your top-selling entrées. Promote this choice on your menu.

How to do it: Offer half-size entrées while charging a price that enables you to maintain profit margins. In our pilot project in Albert Lea, MN, restaurants charged 70 percent of the price of the full-size option. List the half-size portion option next to the full-size option so customers can easily see it.

Why do it? Portion sizes of beverages, packaged food, and restaurant food have increased steadily over the past 30 years and well exceed federal standards for dietary guidance.8 Research has shown that consumers eat 18–25 percent more food when the portion size is doubled.9 Validation Requirement: Copy of menu.

2. Offer a children’s menu with at least one entrée that meets the Blue Zones Healthy Dish Guidelines (salads excluded). Call attention to these entrées on your menu. You may label them as “Blue Zones® Inspired.” For each additional entrée you offer, you earn two points (up to four bonus points, for a total of six possible points).

How to do it: Create new or modify existing children’s dishes to meet the Blue Zones Healthy Dish Guidelines. Submit a recipe detailing the quantity of ingredients and the cooking method used for each entrée to the Blue Zones Project team, which will verify that they meet the Blue Zones Healthy Dish Guidelines. Once verified, label these entrées on your menu as “Blue Zones ® Inspired.” Why do it? Obesity rates in children have tripled in the last 30 years so that nearly one in five children over age five is overweight or obese.10 A recent analysis of chain restaurants found that 93 percent of children’s meals are high in calories.11 As Americans are increasingly eating more food away from home, restaurants can play a role in helping parents and children choose healthier meals when dining out.

Validation Requirement: Copy of menu and recipes for entrées labeled “Blue Zones Project® Inspired.”

3. Offer one entrée that meets the Blue Zones Healthy Dish Guidelines (salads excluded). Call attention to this entrée on your menu. You may label it as “Blue Zones® Inspired.” For each additional entrée you offer, you earn two points (up to six bonus points, for a total of eight possible points).

How to do it: Create new or modify existing main dishes to meet the Blue Zones Healthy Dish Guidelines.

Submit a recipe detailing the quantity of ingredients and the cooking method used for each entrée to the Blue Zones Project team, who will verify that they meet the Blue Zones Healthy Dish Guidelines. Once verified, label each entrée on your menu as “Blue Zones® Inspired.” Why do it? The typical American entrée (without an appetizer or dessert) has 1000 calories, and some entrées range up to a shocking 2500 calories!12 For the average adult, eating one meal away from home each 9

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week translates to roughly two extra pounds each year.13 With nearly one-half of every food dollar spent on food prepared outside the home, make it easier for your customers to make the healthy choice by offering healthy entrées.14 Also, research shows that using a symbol to highlight menu items is effective at drawing attention to those items.15
Validation Requirement: Copy of menu and recipes for entrées labeled “Blue Zones® Inspired.” Additional Resources: For modifying recipes and creating new recipes, please see “Vegetarian Starter Kit for Restaurants,” Physicians Committee for Responsible Medicine, available on Blue Zones Project website.

4. Price entrées with a plant-based protein lower than meat entrées.

How to do it: Make the price of entrées with a plant-based protein lower than that of meat entrées, while maintaining profit margins.

Why do it? Research has demonstrated that reducing the price of foods increases their purchase.16 Studies show that Americans consume more meat than is recommended.17 By pricing entrées that do not contain meat lower than those that do, you are incentivizing your patrons to consume more plant-based entrées. As plant-based entrées tend to have lower food costs, you can preserve profit margins even with a lower price.

Validation Requirement: Copy of menu.

Section 2: Side Dishes and Ingredients

5. Offer a vegetable, fruit, 100 percent whole grain, or salad as the default side-dish selection for all applicable menu items.

How to do it: Limit side dishes to vegetables, fruit, salad, or 100 percent whole grains. Vegetables should not be fried or prepared with heavy sauces, and fruit should be fresh or in natural juice without added sugar. Examples of appropriate side dishes include: fresh fruit, steamed vegetables, salad with dressing on the side, a small serving of sweet potatoes (roughly ½ cup), quinoa, and brown rice.

Why do it? Just as the “opt-out versus opt-in” program has increased organ donation and retirement savings, the same concept has shown promise for improving healthy eating.18 By making the healthy choice the default and requiring customers to opt out of that choice for something less healthy, it reduces barriers to eating healthier foods.

Validation Requirement: Copy of menu.

6. Offer whole grain alternatives to all of your refined-grain options. Promote this option on your menu.

How to do it: Offer and promote on your menu whole grain alternatives for all of your refined-grain options (e.g. whole grain pasta instead of refined grain pasta, brown rice instead of white rice). For examples of whole grain alternatives, refer to the Blue Zones Foods List. 10

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Why do it? Eating whole instead of refined grains substantially lowers total cholesterol, low-density lipoprotein (LDL, or bad) cholesterol, triglycerides, and insulin levels, thus reducing the risk for cardiovascular disease. In the Harvard-based Nurses’ Health Study, women who ate two to three servings of whole grain products (mostly bread and breakfast cereals) each day were 30 percent less likely to have a heart attack or die from heart disease over a ten-year period than women who ate less than one serving per week.19 A meta-analysis of seven major studies showed that cardiovascular disease was 21 percent less likely in people who ate 2.5 or more servings of whole grain foods per day compared with those who ate less than two servings per week.20
Validation Requirement: Copy of menu

7. Source three fruits and/or vegetables from local farms or farmers markets (produced less than 400 miles away) during the growing season.

How to do it: Purchase a portion of your fruits and/or vegetables from local farms or farmers markets. The fruits or vegetables should be produced within 400 miles of your community.

Why do it? Purchasing local produce and other seasonal ingredients can ensure freshness and support the local economy. The Centers for Disease Control and Prevention (CDC) recommends that communities improve availability of mechanisms for purchasing foods from farms. 21 Validation Requirement: Description of types and portion of fruits and/or vegetables that are sourced from local farms or farmers markets, what local farms or farmers markets the restaurant sources from, and how frequently.

8. Do not offer soda, chocolate milk, or fruit juices as default beverages for children’s meal.

How to do it: Do not offer sugar-sweetened beverages such as soda, chocolate milk, or fruit juices as a default with your children’s meals. There should be an additional cost to deter parents from ordering lesshealthy options.

Why do it? The CDC Division of Nutrition, Physical Activity, and Obesity (DNPAO) has identified six evidencebased strategies for preventing and reducing overweight and obesity, one of which is "decreasing the consumption of sugar-sweetened beverages.” This includes soda, chocolate milk, and fruit juices. The American Academy of Pediatrics recommends that the daily intake of fruit juice be limited to 4–6 ounces for children 1–6 years old. For children 7–18 years old, juice intake should be limited to 8–12 ounces, or two servings, per day.

Validation Requirement: Copy of menu.

9. If you serve dessert, offer at least one option that is only fresh fruit. Call attention to these desserts on your menu. You may label them as “Blue Zones® Approved.” 11

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How to do it: Offer at least one dessert option that is only fresh fruit with no added sugars. Once verified with the Blue Zones Project team, label these desserts on your menu as “Blue Zones® Approved.” Why do it? Offering a fruit-only dessert provides customers with a healthy option to satisfy the sweet tooth while reaping the many health benefits of fruit.

Validation Requirement: Copy of menu.

10. Offer 100-calorie ‘nice bite’ desserts for at least half of your dessert offerings. Promote this choice on your menu.

How to do it: Offer bite-sized desserts that are under 100 calories while charging a price that enables you to maintain profit margins.

Why do it? Portion sizes of beverages, packaged food, and restaurant food have increased steadily over the past 30 years and well exceed federal standards for dietary guidance. 8 Research has shown that consumers
eat 18–25 percent more food when the portion size is doubled.9 According to the National Restaurant Association’s “What’s Hot in 2012” survey, bite-size and mini desserts are among the top three trends in the category of desserts.
22 At Rathbun’s, dessert sales rose nearly three-fold since the restaurant went all-mini, and sales of after-dinner coffee, cocktail, and wines increased as well. 23 Validation Requirement: Copy of menu.

Section 3: Education and Awareness

11. Train staff at least quarterly on the pledge actions you have completed. Post a list of the pledge actions in the staff room.

How to do it: Train all staff at least quarterly on how to maintain the pledge actions your restaurant has completed to become Blue Zones Project Approved. Post a copy of the list in the staff room.

Why do it? Properly training and retraining staff to follow your restaurant’s pledge will ensure that the actions you have taken to improve your business sustain over time. Posting your list of pledge actions in a prominent place where staff can view it will continually remind them to follow the best practices you have adopted.

Validation Requirement: Confirmation of action and picture of posted Blue Zones Project best practices in the staff room.

12. Train servers to only mention vegetables, fruit, salad, and 100 percent whole grains as side-dish options when taking food orders.
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How to do it: Train servers to only mention vegetables, fruit, salad, and 100 percent whole grains as side-dish options when taking orders. Acknowledge the option of a less-healthy side dish (e.g. fries, onion rings) only when customers request it.

Why do it? By making the healthy choice the default, it reduces barriers to eating healthier because people are automatically offered the healthiest choice. Customers who are first offered healthier sides may be more inclined to order them.

Validation Requirement: Confirmation of action.

13. Let customers know before they order that to-go boxes can be brought at any time during the meal (before, during, or after). Promote this on your menu or table tent.

How to do it: Call out on your menu the ability to get a to-go box at any time during the meal. Train servers to bring a to-go box with the food order when customers request one. You may also display an “Easy-To-Go” table tent that tells customers they can request a to-go box while ordering.

Why do it? Reminding customers ahead of time that they can take unfinished food home removes pressure to overeat. If reminded of the availability of to-go boxes up front, some customers may choose to put a portion of their meal in the to-go box before they begin eating. A study showed that people who are told about to-go boxes before they order are about 40 percent more likely to say they will take home leftovers than those who are asked afterward-leaving room for add-ons such as a high-margin beverage or dessert. 7 Validation
Requirement: Description of promotion of to-go boxes or picture of table tents.

14. Offer promotions or discounts on “Blue Zones® Inspired” entrées, if applicable.

How to do it: Once you have an entrée that meets the Blue Zones Healthy Dish Guidelines, provide specials promotions or a discount and market the offering in the store, online, or have your wait staff mention it when taking food orders.

Why do it? Calling attention to your “Blue Zones Project® Inspired” entrées will bring more awareness of your involvement in Blue Zones Project, which could lead to more business.

Validation Requirement: Confirmation of action.

15. Have 25 percent of restaurant staff sign the Blue Zones Personal Pledge.

How to do it: Contact your local Blue Zones Project team to have someone walk through the recruitment speech and Personal Pledge with your staff, and ask everyone to sign.

Why do it? Signing the Personal Pledge will create awareness and education among yourstaff. Staff will have a better understanding of what the Blue Zones Project is and will be able to better communicate your involvement with customers.
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Validation Requirement: Confirmation of action.

16. Allow patrons to split plates at no extra charge.

How to do it: Allow patrons to split any entrée at no extra cost. Let customers know this by labeling this feature on your menu.24 See the provided sample menu as an example.

Why do it? Over 75 percent of sodium in an American’s diet comes from processed food and food served in restaurants, making restaurants an essential tool for affecting the health of communities. 25 Allowing
customers to share a plate at no additional cost reduces the amount of sodium, calories, and fat content they consume. If patrons are allowed to split plates, they are also more likely to order additional items such as appetizers, beverages, and desserts, typically higher-margin items.

Validation Requirement: Confirmation of action.

Section 4: Environment

17. Prohibit smoking on restaurant property both indoors and outdoors.

How to do it: Let all employees and customers know that smoking is not permitted anywhere on restaurant property. A clear, consistent message delivered weeks in advance of the start of enforcement allows time for customers to adjust.

Why do it? A review of the top studies on the economic impact of smoke-free policies in the hospitality industry demonstrated no impact or a positive impact of smoke-free restaurant and bar laws on sales and employment.26 Community smoking bans (including in workplaces) are associated with a 17 percent reduction in heart attacks, with the greatest effect seen on younger individuals and nonsmokers. 27 Validation Requirement: Description of policy or picture of signage.

18. Do not place a salt shaker on the table unless requested. Remove the shaker when busing the table.

How to do it: Wait for a customer to request salt before placing a salt shaker on their table. Remove the salt shaker when you clear the table.

Why do it? The average American consumes over 3400 mg of sodium per day, which is well above the recommended 1500 mg per day for most Americans.28 Many restaurant meals provide more than a whole day’s worth of sodium.29 Over 75 percent of dietary sodium comes from packaged and restaurant foods.

Consuming too much sodium can lead to high blood pressure, which leads to an increased risk of cardiovascular disease, stroke, and kidney disease.30 Removing salt shakers from tables pushes customers away from automatically salting food just because the salt is there.

Validation Requirement: Confirmation of action.
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19. Do not offer free refills on sugar-sweetened beverages.

How to do it: Limit portions of sugar-sweetened beverages to one serving.

Why do it? Approximately 50 percent of increased calories in the American diet come from consumption of sugar-sweetened beverages.31 Limiting access to sugar-sweetened beverages can help improve the health of your customers.

Validation Requirement: Confirmation of action.

20. Install bicycle racks outside of your restaurant.

How to do it: Work with the city to install bicycle racks outside of your restaurant.

Why do it? Restaurants that install bicycle racks can attract more customers and increase revenue while promoting active transportation and community well-being. Studies have shown that people who arrive by bicycle to a restaurant spend less per visit but visit more often than people who arrive by automobile, resulting in more revenue per bicycling customer each month. 32 Validation Requirement: Picture of bicycle racks.

21. Serve patrons a glass of water upon arrival and/or leave a water pitcher on the table.

How to do it: Serve patrons a glass of water upon arrival. If possible, leave the water pitcher on the table.

Why do it? Having water within easy reach encourages patrons to drink more water and thus consume fewer calories, as water can quench thirst and create the sensation of being full. Customers drink more water when a water pitcher is left on the table than when it is farther away.31 Validation Requirement: Confirmation of action.

Section 5: Preparation and Presentation

22. Optimize your menu using four of the suggestions on the Blue Zones Project Optimized Healthy Menu Design (requires menu revision). For each additional included suggestion, you earn one point (up to four bonus points, for a total of eight possible points).

How to do it: Follow the guidelines on how to optimize your menu to increase the sales of healthier food items. Review the Blue Zones Project Optimized Healthy Menu Design to see an example menu. Apply these guidelines to your menu or menu insert. You may optimize your menu insert instead of your menu only if you have created a menu insert listing “Blue Zones® Inspired” entrées. 15

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Why do it? There is research supporting every suggestion in the Blue Zones Project Optimized Healthy Menu Design. For example, one research study found that adding descriptive menu labels increased sales by 27 percent.33 Another study showed that menu items positioned at the beginning or end of the list in their category were up to twice as popular as those placed in the center of the list. 34 Validation Requirement: Copy of menu or menu insert.

23. Do not serve bread or chips before meals unless requested.

How to do it: Do not serve bread or chips before meals unless requested by the customer.

Why do it? Bread costs restaurants an average $2.50/pound, but it is typically served for free.6 Save money—and encourage healthier eating—by making the breadbasket available by request only or by charging for bread. Also, waiting for customers to request chips or bread removes from them the temptation to overeat and reduces food waste. Aside from hunger, one of the reasons people eat is simply because food is in front of them.9
Validation Requirement: Confirmation of action.

24. Allow customers to request any entrée grilled, baked, or broiled rather than fried. Promote this option on your menu.

How to do it: Make customers aware that they can request any entrée grilled, baked, or broiled rather than fried.

Why do it? Frying uses oils and fats, which add to the calorie content of the overall meal. 35 Foods that are
grilled, broiled, or baked are a healthier option with fewer calories from fat.

Validation Requirement: Copy of menu.

25. Offer raw vegetables or a healthy sample (amuse-bouche) before dinner instead of bread.

How to do it: Serve raw vegetables or a sample of a healthy appetizer or soup before dinner in the place of bread.

Why do it? Raw vegetables contain fewer calories and can be less costly than bread. An amuse-bouche can provide the patron a glimpse into your chef’s approach to the art of cuisine—it is “the best way for a great chef to express his or her big ideas in small bites.”36
Validation Requirement: Confirmation of action

26. Serve all salad dressings and condiments on the side.

How to do it: For all salads, serve salad dressings in small portions on the side. Do not provide condiments 16

Item 31.
(e.g. ketchup, hot sauce, honey mustard) on the table. Provide condiments on the side in small portions (two tablespoons or less).

Why do it? Salad dressings can quickly turn a healthy salad into an unhealthy meal because most are loaded with fat, sodium, sugar, and calories.37 Sauce condiments can be high in sodium and can lead to overconsumption of our recommended daily amount of 1500 mg per day. 38 Two tablespoons of ketchup has
about 300 mg of sodium.39 About 90 percent of Americans consume more sodium than they should.40 Removing large bottles of sauce condiments from the table nudges customers away from adding too much to their food, saving you food costs at the same time.

Validation Requirement: Confirmation of action.

27. Serve sugar-sweetened beverages in glasses that hold 12 ounces or less (preferably tall, narrow glasses).

How to do it: Replace glasses larger than 12 ounces with tall, narrow glasses that hold 12 ounces or less in order to reduce caloric intake and waste. Serve all sugar-sweetened beverages in these glasses.

Why do it? The Cornell University Food and Brand Lab found that people who use short, wide, high-volume glasses regularly consume 28 to 77 percent more liquids than those who use tall, narrow, low-volume glasses.
41 Patrons drink less from smaller glasses because they perceive their portion as larger. Save food costs by serving sugar-sweetened beverages in tall, narrow glasses that hold less.

Validation Requirement: Picture and confirmation of action.

28. Serve entrées on 10-inch plates or smaller.

How to do it: Replace serving dishes with 10-inch plates to reduce caloric intake and food waste.

Why do it? The Cornell University Food and Brand Lab found that people who eat off of typical 12-inch plates regularly consume 27 percent more at meals than those who eat off of smaller ten-inch plates. 42 Patrons eat less from smaller plates because they perceive their portion as larger.

Validation Requirement: Picture and confirmation of action.

29. Offer club soda, sugar-free soda, and/or sugar-free iced tea as alternatives to sugar-sweetened beverages.

How to do it: Offer club soda, sugar-free soda, and/or sugar-free iced tea as alternatives to sugar-sweetened beverages.

Why do it? Research studies have shown a strong relationship between consumption of sugar-sweetened beverages and being overweight or obese.43 Providing diet or unsweetened soda and/or tea affords patrons an alternative option to consume less sugar.
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