Coachella City Council
June 11, 2025

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

CITY COUNCIL REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
June 11, 2025
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

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

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, or via Zoom. o In Person:

Anyone wishing to speak in person during the public comment period or on a particular item is required to fill out a Request to Speak Form. In order to be recognized, a Request to Speak Form must be turned in to the City Clerk prior to the start of the public comment period or before the agenda item is taken up by Council on which you wish to provide a comment.
o In Real Time via Zoom:

If participating in real time via Zoom, during the public comment period, participants must be visible on camera and use the “raise hand” function on Zoom.
o In Writing via Email:

If providing a written comment by email, you may submit your public comment to the City Council by emailing [email protected]. To comment by email, submit your comments no later than 12 p.m. on the day of the meeting by emailing your name, agenda item (if applicable), and your comment. Any correspondence received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter, during the meeting and upon request one (1) hard copy of the written public comments will be available for the public’s view, and written comments will be retained for the official records. Written comments will not be read aloud at City Council meetings.

Agenda City Council Regular Meeting June 11, 2025

 The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

CALL TO ORDER: - 6:00 P.M.

ROLL CALL:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” PROCLAMATIONS/PRESENTATIONS/DIRECTION:

1. Presentation on the Children Discovery Museum of the Desert

2. Proclamations Presented to Coachella Football Club Premier (Semi-Professional Category) and Coachella Football Academy u17 Boys
WRITTEN COMMUNICATIONS:

PUBLIC COMMENTS (NON-AGENDA ITEMS) (LIMITED TO A MAXIMUM OF 30 MINUTES. IF ADDITIONAL TIME IS REQUIRED FOR PUBLIC COMMENTS, THEY WILL BE HEARD AFTER ITEM NO. 15. PUBLIC HEARING CALENDAR):

THE PUBLIC MAY ADDRESS THE CITY COUNCIL/BOARD/CORPORATION/ AUTHORITY ON ANY ITEM OF INTEREST TO THE PUBLIC THAT IS NOT ON THE AGENDA BUT IS IN THE SUBJECT MATTER JURISDICTION THEREOF. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES.

CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member.)

3. Regular Meeting Minutes of May 28, 2025, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

4. Voucher Listing- EFT's/Utility Billing Refunds/FY 2024-25 Expenditures as of June 11, 2025, $4,784,485.67

5. Adopt Resolution No. 2025-29 Authorizing the City Manager to Submit an Application on behalf of the City of Coachella to the Department of Parks and Recreation Office of Grants and Local Services for the

Agenda City Council Regular Meeting June 11, 2025

Land and Water Conservation Fund (LWCF) Grant Program in the Amount Not-to-Exceed Six Million ($6,000,000) Dollars for the Rancho Las Flores Park Project

6. Approve Annual Allegro Infrastructure Extended Warranty Program May 1, 2025 – April 30, 2026 in an Amount not to Exceed $28,861.41

7. Adopt Resolution No. 2025-32 Authorizing the City Manager to Execute a Grant Agreement with the Coachella Valley Mountains Conservancy Proposition 1 Grant Program in the amount of $400,000 for the Rancho Las Flores Park Retention Basin Project

8. Approve Resolution No. 2025-28 Declaring its Intention to Authorize the Establishment of an Annual Special Tax for City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) and Annexation Areas Thereto for Fiscal Year 2025/2026; Setting a Public Hearing Date as July 9, 2025
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

9. Consideration to Fill Two Planning Commission Vacancies

10. Approve Change Order No. 1 with Rove Engineering, Inc., in the Amount of $870,019.00 Plus 10% Contingency for the Street Improvements Within the Aventine Community, City Project No. ST-139

11. Approve Cooperative Agreement for El Grito Event Between: the City of Coachella, Telemundo and Mexican Consulate in San Bernardino; and Approve Operation of a Beer Garden at Rancho Las Flores Park for the 2025 El Grito Event; and Approve a Professional Services Agreement to Rhythm Tech Productions LLC, in the Amount of $30,564.90 for the Installation of the Stage

12. Approve a Professional Services Agreement Between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for Fiscal Year 2025-2026 in the Amount of $53,500

13. Appointment of William Pattison as City Manager, Approving an Employment Agreement with Mr.

Pattison and Adopting Resolution No. 2025-33
PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

14. Public Hearing and Adoption of Resolution No. 2025-30 Confirming the Assessment and Diagram and Ordering the Levy and Collection of Assessments for the City of Coachella Landscape and Lighting Maintenance District No. 1 through 40 for Fiscal Year 2025/2026

15. Public Hearing and Adoption of Resolution No. 2025-31 Affirming the Solid Waste Rates for Fiscal Year 2025/2026 and Authorizing the Collection of Residential Solid Waste Service Charges for Fiscal Year 2025/2026 on the County of Riverside’s Property Tax Roll.

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

Agenda City Council Regular Meeting June 11, 2025

ADJOURNMENT:

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

THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES

WHEREAS, The Coachella Football Club is a Semiprofessional team in the City of Coachella that has 44 players registered in their soccer program, their main objective is to give our local players the opportunity to showcase their talent at the highest level of competitive soccer; and
WHEREAS, The Coachella Football Club has a program open for Boys and Girls starting from the age of 9 and under; and
WHEREAS, The Coachella Football players focus on Training and Development, discipline and work with others toward a common goal and have an opportunity to obtain scholarships, further their education and careers in the professional world of soccer; and WHEREAS, they inspire the youth and became a beacon of opportunity for younger players in our community to reach their highest potential; and WHEREAS, The Coachella Football Club won the Regular Season Title and SoCal Divisional Title in the fall of 2024 UPSL league with an undefeated record; and WHEREAS, The Coachella Football Club became the first team from the Coachella Valley to obtain both titles with undefeated records.

NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in us, do hereby recognize Coachella Football Club Premier (Semi-Professional Category) and urge all citizens of the City of Coachella in joining me to commemorate their commitment to serving the community.

IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 11
th day of
June 2025.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

Item 2.

WHEREAS, The Coachella Football Academy u17 boys is part of a soccer academy program in the City of Coachella that has 115 players registered - 92 boys and 23 girls in their soccer program, their main objective is to give our local youth players the opportunity to showcase their talent at the highest level of competitive soccer; and WHEREAS, The Coachella Football Club has a program open for Boys and Girls starting from the age of 9 and under; and
WHEREAS, The Coachella Football Academy players focus on Training and Development, discipline and work with others toward a common goal and have an opportunity to learn, participate and showcase their talent in the sport of soccer at the highest competitive level until the age of 17 and then move up to their semiprofessional division; and WHEREAS, The Coachella Football Academy u17 Boys won the Regular Season Title and SoCal East Divisional Title in the fall of 2024 UPSL league with an undefeated record; and WHEREAS, The Coachella Football Academy became the first youth team of the Coachella Valley to obtain both titles in the UPSL League with undefeated records.

NOW THEREFORE, I, Steven A. Hernandez, Mayor and Council of the City of Coachella, by the power vested in us, do hereby recognize Coachella Football Academy u17 Boys
and urge all citizens of the City of Coachella in joining me to commemorate their commitment to serving the community.

IN WITNESS HEREOF, I have hereunto set my
hand and caused the official seal of the City of
Coachella, California to be affixed this 11
th day of
June 2025.
______________________________________
Steven A. Hernandez, Mayor
City of Coachella, California

Item 2.

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

MINUTES

CITY COUNCIL CLOSED SESSION AND

REGULAR MEETING

OF THE CITY OF COACHELLA

THE COUNCIL SITTING AS THE COACHELLA SANITARY DISTRICT,

COACHELLA FIRE PROTECTION DISTRICT, COACHELLA FINANCING AUTHORITY,

COACHELLA EDUCATIONAL AND GOVERNMENTAL ACCESS CABLE CHANNEL CORPORATION,

COACHELLA WATER AUTHORITY, SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY

AND COACHELLA PARKS AND RECREATION FOUNDATION
May 28, 2025
5:00 PM – CLOSED SESSION
6:00 PM – REGULAR MEETING
In-Person Meeting
Location:

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

US: +1 669 900 6833
Webinar ID: 884 5727 1898
Passcode: 606140
Spanish: El idioma español está disponible en Zoom seleccionado la opción en la parte de abajo de la pantalla
 Public comments may be received either in person, via email, or via Zoom. o In Person:

Anyone wishing to speak in person during the public comment period or on a particular item is required to fill out a Request to Speak Form. In order to be recognized, a Request to Speak Form must be turned in to the City Clerk prior to the start of the public comment period or before the agenda item is taken up by Council on which you wish to provide a comment.
o In Real Time via Zoom:

If participating in real time via Zoom, during the public comment period, participants must be visible on camera and use the “raise hand” function on Zoom.
o In Writing via Email:

If providing a written comment by email, you may submit your public comment to the City Council by emailing [email protected]. To comment by email, submit your comments no later than 12 p.m. on the day of the meeting by emailing your name, agenda item (if applicable), and your comment. Any correspondence received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter, during the meeting and upon request one (1) hard copy of the written

Item 3.

Minutes City Council Closed Session and Regular Meeting May 28, 2025

public comments will be available for the public’s view, and written comments will be retained for the official records. Written comments will not be read aloud at City Council meetings.  The live stream of the meeting may be viewed online by accessing the city's website at www.coachella.org, and clicking on the "Watch Council Meetings" tab located on the home page, and then clicking on the "live" button.

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

Mayor Pro Tem Delgado called the City Council Closed Session and Regular Meeting of the City of Coachella to order at 5:00 p.m.

ROLL CALL:

Present: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado City Clerk and City Treasurer

Absent: Councilmember Virgen and Mayor Hernandez
APPROVAL OF AGENDA:
“At this time the Council/ Board/Corporation/Authority may announce any items being pulled from the Agenda or continued to another date or request the moving of an item on the agenda” Motion: To modify the agenda by moving Public Comments (Non-Agenda Items) before Consent Calendar and continuing item #22 to the next scheduled City Council Meeting and approving the agenda with the modifications
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Perez
Approved: 3-0
AYES: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado NOES: None
ABSTAIN: None
ABSENT: Councilmember Virgen and Mayor Hernandez
PUBLIC COMMENTS (CLOSED SESSION ITEMS):
1) Steve Mungari
ADJOURN TO CLOSED SESSION:

1. PUBLIC EMPLOYEE APPOINTMENT (Govt. Code Section 54957(b)(1)) Title: City Manager

Item 3.

Minutes City Council Closed Session and Regular Meeting May 28, 2025

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

The City Council reconvened into open session at 6:06 p.m.

PLEDGE OF ALLEGIANCE:

City Attorney led the Pledge of Allegiance.

CLOSED SESSION ANNOUNCEMENTS:

No reportable action taken.

PROCLAMATIONS/PRESENTATIONS/DIRECTION:

2. Presentation of Proclamation to Youth Advisory Commissioners Alejandro Cobos, Briana Lara-Saldivar, Christian Fausto, Ivan Mendez-Perez, Izabella Nunez, Libni H. Valle, Sehwa Meza, Joshua Pulido, and Aaralyn Arriaga

3. Coachella Water Authority - Hexavalent Chromium Compliance

4. Home Occupation Permit Presentation

5. Information About Developing a Community Farmers' Market WRITTEN COMMUNICATIONS:

1. Steven Mungari
PUBLIC COMMENTS (NON-AGENDA ITEMS):

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

1. Eduardo Ortega
CONSENT CALENDAR:
(It is recommended that Consent Items be acted upon simultaneously unless separate discussion and/or action is requested by a Council Member.)

6. Special Meeting Minutes of April 19, 2025, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

7. Regular Meeting Minutes of May 14, 2025, of the City of Coachella, Coachella Sanitary District, Coachella Fire Protection District, Coachella Financing Authority, Coachella Educational and

Item 3.

Minutes City Council Closed Session and Regular Meeting May 28, 2025

Governmental Access Cable Corporation, Coachella Water Authority, Successor Agency to the Coachella Redevelopment Agency and Coachella Parks and Recreation

8. Voucher Listing- EFT's/Utility Billing Refunds/FY 2024-25 Expenditures as of May 28, 2025, $3,283,053.79

9. Investment Report – March 31, 2025

10. Investment Report – April 30, 2025

11. Authorization to file a Notice of Completion for the Fire Station #79 Garage Door Replacement Project, (F-7)

12. Approve Resolution 2025-25 Authorizing the City Manager To Execute Agreements on Behalf of the City Associated with Highway Safety Improvement Program

13. Authorize Construction Contract with Condor Inc. in an Amount of $45,000 plus 10% Contingency for the Bagdouma Park Pool Pump Replacement Project

14. Authorize the Purchase of Millcreek 4300 Turf Tiger Mulch Spreader from Trinity Equipment, Inc. in an Amount Not-To-Exceed $49,997.81

15. Approve Resolution No. 2025-27 Authorizing Intra Transfer of $1,658,329.99 From the General Fund to Dillon Road Maintenance (fund 108)

16. Authorize a Community-Based Grant to Assistance League Coachella Valley in the Amount of $1,000 to Fund their Operation School Bell Program

17. Authorize the City Manager to Execute a Professional Services Agreement with Dudek in the Amount of $30,045.00 for Coachella Sanitary District Sewer System Management Plan (SSMP) Update 2025

18. Authorize City Manager to Execute Change Order #5 in an Amount of $268,075.43 and Authorize Appropriation of $228,488.18 From SB1 (Fund 109) for the Paving Improvements of Dillon Road Between Vista Del Norte and 44th Avenue, City Project ST-145

19. Ordinance No. 1224 Adopting the Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection Pursuant to Government Code Section 51178 (Second Reading) Motion: To approve Consent Calendar
Made by: Councilmember Perez
Seconded by: Councilmember Dr. Figueroa
Approved: 3-0
AYES: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado NOES: None
ABSTAIN: None
ABSENT: Councilmember Virgen and Mayor Hernandez

Item 3.

Minutes City Council Closed Session and Regular Meeting May 28, 2025

NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):

20. Authorize the City Manager to Execute a Professional Services Agreement Amendment #1 in the Amount of $455,001.00 with Corona Environmental Consulting, LLC for Hexavalent Chromium Compliance Project Updated Scope and Fee Estimate for a Grand Total in an Amount not to Exceed $655,001.00 Motion: To authorize the City Manager to Execute a Professional Services Agreement Amendment #1 in the Amount of $455,001.00 with Corona Environmental Consulting, LLC for Hexavalent Chromium Compliance Project Updated Scope and Fee Estimate for a Grand Total in an Amount not to Exceed $655,001.00
Made by: Councilmember Dr. Figueroa
Seconded by: Councilmember Perez
Approved: 3-0
AYES: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado NOES: None
ABSTAIN: None
ABSENT: Councilmember Virgen and Mayor Hernandez

21. Authorize Construction Contract with South West Pump & Drilling Inc., in the Amount of $2,479,367.00 Plus 10% Contingency for Construction of Well 20 Drilling and Construction Project, City Project W-46 Phase 1 and Task Order with Dudek for Hydrogeological Support for Drilling, Construction, and Testing of Well 20 in the Amount of $266,342.00
Motion: To authorize Construction Contract with South West Pump & Drilling Inc., in the Amount of $2,479,367.00 Plus 10% Contingency for Construction of Well 20 Drilling and Construction Project, City Project W-46 Phase 1 and Task Order with Dudek for Hydrogeological Support for Drilling, Construction, and Testing of Well 20 in the Amount of $266,342.00 Made by: Councilmember Perez
Seconded by: Councilmember Dr. Figueroa
Approved: 3-0
AYES: Councilmember Perez, Councilmember Dr. Figueroa, and Mayor Pro Tem Delgado NOES: None
ABSTAIN: None
ABSENT: Councilmember Virgen and Mayor Hernandez

22. Consideration to Fill Two Planning Commission Vacancies Item #22 was continued to the next City Council meeting.

PUBLIC HEARING CALENDAR (QUASI-JUDICIAL):

None

Item 3.

Minutes City Council Closed Session and Regular Meeting May 28, 2025

REPORTS AND REQUESTS:

Council Comments/Report of Miscellaneous Committees.

City Manager’s Comments.

ADJOURNMENT:

Mayor Pro Tem Delgado adjourned the meeting at 8:01 p.m. ____________________________________
Angela Zepeda
City Clerk

Item 3.

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Item 4.

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Item 4.

Item 4.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Jaime Arroyo, Grants Manager
SUBJECT: Adopt Resolution No. 2025-29 Authorizing the City Manager to Submit an Application on behalf of the City of Coachella to the Department of Parks and Recreation Office of Grants and Local Services for the Land and Water Conservation Fund (LWCF) Grant Program in the Amount Not-to-Exceed Six Million ($6,000,000) Dollars for the Rancho Las Flores Park Project STAFF RECOMMENDATION:

Staff recommends that the City Council considers adopting Resolution No. 2025-29 authorizing the City Manager to submit an application on behalf of the City of Coachella to the Department of Parks and Recreation Office of Grants and Local Services for the Land and Water Conservation Fund (LWCF) grant program in the amount not-to-exceed six million ($6,000,000) dollars for the Rancho Las Flores Park Project.

BACKGROUND:

On February 14, 1963, President Kennedy’s Administration proposed legislation to establish a "Land and Water Conservation Fund" to assist states in planning, acquisition, and development of recreation lands. With bipartisan support, President Johnson signed it into law on September 3, 1964, as Public Law 88- 578, 16 U.S.C.460l-4. The Land and Water Conservation Fund grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Since 1965, over one thousand parks throughout California have been created or improved with LWCF assistance.

When an LWCF project is completed, the land within the approved LWCF Boundary Map is placed under federal protection, preserving the public’s outdoor recreational use of the site in perpetuity for the benefit of our nation’s future generations DISCUSSION/ANALYSIS:

The LWCF grant provides funding for two types of projects – acquisition or development. The City of Coachella is proposing to submit an application not to exceed $6 million for a development project. Under the development application, projects must develop recreation features for outdoor

Item 5.
recreation, intended for outdoor recreational opportunities for the health and wellness of Californians. The development application also allows funding for major support amenities, such as parking lots, lighting and landscaping.

The application will supplement the City’s Statewide Park Development and Community Revitalization Prop 68 grant that it received from the Department of Parks and Recreation to expand Rancho Las Flores Park by constructing a new amphitheater, park lighting, parking lot, concrete pathways, playground, splash pad, flower garden with fountain, outdoor exercise equipment, restroom/concession building, perimeter sidewalks/landscaping, picnic area with BBQ, dog park, drinking fountains, trees and landscaping.

The Rancho Las Flores Park project is a strong competitive project for this application, as it aligns with many of the grant criteria requirements, such as the construction of several new outdoor recreation features, environmental design considerations, community-based planning, and local partnerships. Since the City’s initial award of the Statewide Park Development and Community Revitalization grant, construction costs have risen significantly due to inflation. The additional LWCF funding would help cover those costs and secure the park’s successful construction.

The budget breakdown is as follows:

Funding Source Amount
Leveraging - Prop 68 Grant $ 8,454,600
CVMC Prop 1 Grant $ 400,000
LWCF Grant Request $ 6,000,000
Project Total $ 14,854,000
The application deadline is August 5th, 2025.

FISCAL IMPACT
There is a 50% minimum match requirement of the total project cost. The City will be leveraging funding from its Statewide Park Development and Community Revitalization Grant to match the 50% requirement.

ALTERNATIVES:

1. Adopt Resolution No. 2025-29 Authorizing the City Manager to Submit an Application on behalf of the City of Coachella to the Department of Parks and Recreation Office of Grants and Local Services for the Land and Water Conservation Fund (LWCF) Grant Program in the Amount Not-to-Exceed Six Million ($6,000,000) Dollars for the Rancho Las Flores Park Project

2. Not Adopt Resolution No. 2025-29 Authorizing the City Manager to Submit an Application on behalf of the City of Coachella to the Department of Parks and Recreation Office of Grants and Local Services for the Land and Water Conservation Fund (LWCF)

Item 5.

Grant Program in the Amount Not-to-Exceed Six Million ($6,000,000) Dollars for the Rancho Las Flores Park Project
ATTACHMENTS:

1. Resolution No. 2025-29

Item 5.

RESOLUTION NO. 2025-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA ADOPTING RESOLUTION NO. 2025-10 AUTHORIZING

THE CITY MANAGER TO SUBMIT AN APPLICATION ON BEHALF OF

THE CITY OF COACHELLA TO THE DEPARTMENT OF PARKS AND

RECREATION OFFICE OF GRANTS AND LOCAL SERVICES FOR THE

LAND AND WATER CONSERVATION FUND (LWCF) GRANT

PROGRAM IN THE AMOUNT NOT-TO-EXCEED SIX MILLION
($6,000,000) DOLLARS FOR THE RANCHO LAS FLORES PARK

PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Coachella, as follows:

Section 1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed Coachella Community Resilience Center.

Section 2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and Section 3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
Section 4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

Item 5.

Resolution No. 2025-29

Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 6. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
PASSED, APPROVED and ADOPTED this 11th day of June, 2025. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Ryan Guiboa
City Attorney

Item 5.

Resolution No. 2025-29

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-29 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 11th day of June, 2025, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 5.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Director
SUBJECT: Approve Annual Allegro Infrastructure Extended Warranty Program May 1, 2025 – April 30, 2026 in an Amount not to Exceed $28,861.41 STAFF RECOMMENDATION:

Authorize the Purchase of an Annual Allegro Infrastructure Extended Warranty Program May 1, 2025 – April 30, 2026 in an Amount not to Exceed $28,861.41.

BACKGROUND:

The City of Coachella and its Coachella Water Authority (CWA) is responsible for the water service to its residents and customers within its service boundary. The Utilities Department serves a population of approximately 45,000. There are approximately 9,200 (meter) connections to the system.

The existing metering system for CWA is read through an Automated Meter Reading (AMR) and Advanced Metering Infrastructure (AMI) system. In an effort to be more efficient the Utilities Department applied and received a Watersmart Water and Energy Efficiency Grant from the U.S.

Bureau of Reclamation which supports water management projects.

The City of Coachella through the Utilities Department installed hardware through HydroPro Solutions, Inc who in California is Master Meter’s exclusive distributor. The installation consisted of three base stations and seven repeaters to collect data from Advanced Meter Infrastructure (AMI) registers on water meters.

DISCUSSION/ANALYSIS:

The AMI Infrastructure went live on about January 2023, and had a standard one (1) year warranty. However, Master Meter honored the coverage until recently and requires the purchase of Extended Warranty Coverage moving forward.

FISCAL IMPACT:

No fiscal impact; funding is available under the approved FY24/25 budget (334) account.

Item 6.

Invoice
Sold To:

City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Page: 1
Invoice Number:

Invoice Date: 3/27/2025
0003692-IN
Ship To Code: CHL
REMIT TO:

HPS West, Inc.

P.O. Box 103031
Pasadena, CA 91189-3031
000
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
HydroPro Solutions
Quantity Unit Price Amount Item
Sales Rep ID
30-CITY OF COACHELLA Net30
Shipping Method
Annual Support 2025
Customer ID PaymentTerms Customer P.O.
0010
Ship Date Due Date
3/27/2025 4/26/2025
Description
0003592
Sales Order
Annual harmony Mobile Renewal
May 1, 2025 - April 30, 2026

RHS-ALL-F-BS-ALCP
C
1 Annual Ext Warranty Per Photoc 133.62 133.62
6 RHS-ALL-F-BS-ALCSS 2,494.80 Annual Maintenance Per Standar 415.80 3 RHS-ALL-F-BS-SS 21,646.29 Annual Maintenance 1 Allegro B 7,215.43 2,500 Harmony Fixed Base Hosting/Sup RSS-HAR-F-110 4,575.00 1.83 Please note that this service was previously billed
by Master Meter but will now be invoiced
through HydroPro Solutions.

Subtotal: 28,849.71
Sales Tax: 11.70
Invoice Total: 28,861.41
Freight: 0.00
All transactions with HydroPro Solutions, LLC are subject to our Standard Terms and Conditions. Our Terms and Conditions are available for review at http://hydroprosolutions.com/terms-conditions.php .

Please report any discrepencies within 15 business days of invoice. vortega

Item 6.

Allegro Infrastructure
Extended Warranty Program

ALLEGRO NETWORK INFRASTRUCTURE
REV #100521REV2F

Item 6.

PAGE 2
MASTER METER | ALLEGRO INFRASTRUCTURE EXTENDED WARRANTY Master Meter, Inc. } 101 Regency Pkwy, Mansfield, TX 76063 } T: 817-842-8000 } F: 817-842-8100 } MasterMeter.com ©2021 Master Meter, Inc. All rights reserved. Master Meter reserves the right to make modifications to the products described herein at any time and without notice.

INTRODUCTION
Master Meter’s Extended Warranty Program for Allegro Infrastructure provides utilities with peace of mind by normalizing maintenance costs and guaranteeing the long-term integrity of their investment. With the Allegro Network Infrastructure Extended Warranty Program, our customers can rest at ease knowing that qualified Master Meter support technicians are available to diagnose and resolve issues with their Allegro Licensed AMI network as well as provide replacement equipment in exchange for an affordable annual fee.

PARTICIPATION AND COVERAGE
Customers may opt-in to the Extended Warranty Program at the time of purchase of the Allegro AMI system or within one (1) year from the date of shipment. New Allegro AMI customers receive the standard one (1) year warranty on network infrastructure equipment free of charge. The standard one-year warranty begins from the date of shipment, which establishes the anniversary date. Customer has the option to purchase Extended Warranty Coverage on an annualized basis and will receive an enrollment invoice from Master Meter approximately sixty (60) days prior to each anniversary date. Additionally, customer will receive a reminder notice for enrollment at thirty (30) days prior to each anniversary date. Participation in the Extended Warranty Program is strongly recommended to maintain the highest level of business continuity within your utility.

Included Services Allegro Licensed
Base Station
Allegro Licensed
Repeaters
Firmware Updates ✓ ✓
Remote Diagnostics and
Support Services
✓ ✓
Repair or Replacement of
Defective Parts
✓ ✓
Table 1: Included Services
Escalation for Services: Five percent (5%). Services. Invoices for Ongoing Fees and services shall be delivered annually or monthly, as applicable, in advance. Invoices for other services shall be delivered upon completion of the applicable service.

Item 6.

HydroPro Solutions Maintenance
Base Station
Verify Serial numbers
Verify Location
Verify Weatherproofing
Verify Grounding
Verify Fan Operation
Clean Fan inside/out
Clear Debris
Verify Thermostat Setting
Verify All Indicator Lights
Verify Overall Housekeeping of Facility
Fly Drone To Inspect Antenna
Repeater
Verify Serial numbers
Verify Location
Verify Weatherproofing
Verify Grounding
Clear Debris
Verify All Indicator Lights
Verify Overall Housekeeping of Facility
Fly Drone To Inspect Antenna

Item 6.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution No. 2025-32 Authorizing the City Manager to Execute a Grant Agreement with the Coachella Valley Mountains Conservancy Proposition 1 Grant Program in the amount of $400,000 for the Rancho Las Flores Park Retention Basin Project
STAFF RECOMMENDATION:

Staff recommends that the City Council consider adopting Resolution No. 2025-32 authorizing the City Manager to execute a grant agreement with the Coachella Valley Mountains Conservancy Proposition 1 Grant Program in the amount of $400,000 for the Rancho Las Flores Park Retention Basin Project.

BACKGROUND:

The Coachella Valley Mountains Conservancy (CVMC) Proposition 1, Water Quality, Supply and Infrastructure Improvement Act of 2014 addresses an array of challenges facing California’s limited water resources. The program objectives include preserving and restoring wetlands and habitat for endangered species, improving the reliability of water supplies, and developing a more resilient and sustainably managed water infrastructure. The City of Coachella successfully submitted an application for the Coachella Valley Mountains Conservancy Proposition 1 Grant Program on March 26, 2025 to supplement funding for its retention basin as part of its Rancho Las Flores Park project. On May 12, 2025, the CVMC approved the City’s application for the amount of $400,000.

DISCUSSION/ANALYSIS:

The total project cost for the P-31 Rancho Las Flores Park Expansion project, as proposed in the 2025/2026 fiscal year budget is $17,103,376, Only the portions of this total project amount that are directly related to drainage, storm water and improvements in swales and retention basin areas is eligible for CVMC Prop 1 funding. The Rancho Las Flores Park retention basin project costs $3,709,701 and the CVMC Prop 1 will contribute $400,000 to the total project cost.

Item 7.

Rancho Las Flores Park Retention Basin Project Funding Overview Funding Sources:

Prop 68 – Park Grant $2,708,730.90
Park DIF $600,970.10
CVMC Prop 1 grant $400,000
Project Total $3,709,701
It should be noted that the above Prop 68 and Park DIF allocations are already included in the total project budget. The above budget recommendation does not allocate or request any additional funding for the project from either the General fund or Park DIF funds. Previously, $3,000,000 in Park DIF funds had been requested for the Rancho Las Flores Project, which is inclusive of the work described herein. The above distribution of funds clarifies the required distribution of State, local and Prop 1 funding in order to be in compliance with local matching funds requirements.

ALTERNATIVES:

1. Adopt Resolution No. 2025-32 Authorizing the City Manager to Execute a Grant Agreement with the Coachella Valley Mountains Conservancy Proposition 1 Grant Program in the amount of $400,000 for the Rancho Las Flores Park Retention Basin Project

2. Not Adopt Resolution No. 2025-32 Authorizing the City Manager to Execute a Grant Agreement with the Coachella Valley Mountains Conservancy Proposition 1 Grant Program in the amount of $400,0000 for the Rancho Las Flores Park Retention Basin Project FISCAL IMPACT:

Adoption of Resolution No. 2025-32 will have no effect on the City’s General Fund. The proposed budget for P-31 Rancho Las Flores Park Expansion Project has already included Prop 68 grant funds and Park DIF funds necessary to achieve the required matching funds for grant delivery.

ATTACHMENTS:

1. Resolution No. 2025-32

2. Copy of Grant Agreement

Item 7.

RESOLUTION NO. 2025-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA AUTHORIZING THE CITY MANAGER TO EXECUTE A

GRANT AGREEMENT WITH THE COACHELLA VALLEY
MOUNTAINS CONSERVANCY PROPOSITION 1 GRANT PROGRAM IN
THE AMOUNT OF $400,000 FOR THE RANCHO LAS FLORES PARK

RETENTION BASIN PROJECT
WHEREAS, The Coachella Valley Mountains Conservancy (CVMC) was established by California Public Resources Code Section 33501 to protect the natural and and cultural resources of the Coachella Valley and its surrounding mountains; and WHEREAS, Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, allocated $10 million to fund multi-benefit water quality, water supply, and watershed protection and restoration projects that benefit the Coachella Valley; and WHEREAS, the City of Coachella submitted a grant application to CVMC’s Proposition 1 Grant Program to support its Rancho Las Flores Park retention basin project; and WHEREAS, the CVMC Board approved a grant award on May 12, 2025, in the amount of Four Hundred Thousand Dollars ($400,000) to the City of Coachella for the implementation of the proposed project; and
WHEREAS, the acceptance of this grant will enable to the City to advance its efforts in watershed protection and restoration, contributing to the sustainability and resilience of the region’s water resources.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AS FOLLOWS:

SECTION 1: The City Manager is hereby authorized to execute a grant agreement for Grant funds for the purpose of obtaining financial assistance provided by the Coachella Valley Mountains Conservancy.

SECTION 2: The City of Coachella hereby agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the City Manager is hereby authorized and directed to execute any agreements, assurance, extensions, amendments or other documents as may be necessary in connection with acceptance and implementation of said Grant as may be required by the Grantor.

Item 7.

PASSED, APPROVED and ADOPTED this 11
th day of June, 2025.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Ryan Guiboa
City Attorney

Item 7.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-32 was duly adopted by the City Council of the City of Coachella at its regularly scheduled meeting, held on the 11 th day
of June, 2025, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 7.

PROPOSITION 1 INFRASTRUCTURE GRANT AGREEMENT

BETWEEN THE STATE OF CALIFORNIA
(COACHELLA VALLEY MOUNTAINS CONSERVANCY) AND

CITY OF COACHELLA
(Grant No. 38500000P010041)
THIS GRANT AGREEMENT is entered into by and between the Coachella Valley Mountains Conservancy of the State of California, herein referred to as the "State" or “CVMC” and the City of Coachella, herein referred to as the "Grantee", which parties do hereby agree as follows:

1. PURPOSE. State shall provide funding from Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Water Code section 79770 et seq.) to assist Grantee in financing its Rancho Las Flores Park Stormwater Project as described more particularly in Exhibit A, Work Plan, and hereinafter collectively referred to as the “Project.”

2. TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on the date this Grant Agreement is executed by State and terminates on June 30, 2027 (the “Project Completion Date”), or when all of the Parties’ obligations under this Grant Agreement are fully satisfied, whichever occurs earlier.

Execution date is the date the State signs this Grant Agreement.

3. GRANT AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $400,000.
a) Grantee agrees to provide matching (non-state) funds or in-kind services for all project costs in excess of the Grant Amount, currently estimated to total $3,308,989 (the “Local Cost Share”), as documented in Exhibit B, Budget. b) Grantee may need funding in addition to the Grant Amount and the Local Cost Share to complete the Project. Grantee will be responsible for furnishing or obtaining such funding, and while it will not be reviewed by the State for invoicing purposes, the Grantee shall maintain a record of all funding associated with the Project in accordance with Exhibit G, State Audit Document Requirements.

4. GRANTEE'S RESPONSIBILITY. Grantee and its representatives shall:
a) Faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A, Work Plan, and in accordance with Exhibit B, Budget and Exhibit C, Schedule.
b) Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding from the CVMC

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

Proposition 1 Grant Program.
c) Fulfill its obligations under the Grant Agreement and be responsible for the completion of the Project.
d) Comply with the CVMC Proposition 1 Grant Program Guidelines (the “Guidelines”) and all applicable California laws and regulations.

5. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes.

Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. Any and all money disbursed to Grantee under this Grant Agreement shall be used solely to pay Eligible Project Costs, as defined in Paragraph 6.

6. ELIGIBLE PROJECT COSTS. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and the approved budget attached as Exhibit B, Budget (the “Project Budget”).

Eligible Project Costs include the reasonable costs of studies, engineering, design, preparation of environmental documentation, environmental mitigations, monitoring, and project coordination and construction that are included in the Project Budget. Staff costs and expenses that are related to the Project and included in the Project Budget may be paid with grant funds. Work performed on the Project after the Project Completion Date shall not be eligible for reimbursement.

Except as otherwise provided herein, the Grantee shall expend Grant Funds in the Manner described in the Exhibit A approved by CVMC. The total dollars of category in the Project budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by CVMC. However, the Grantee shall notify CVMC in writing when any such reallocation is made, and all identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten (10%) percent from the original budget in the amount of a category must be approved by CVMC. In any event, the total amount of the Grant Funds may not be increased.

Costs that are not eligible for reimbursement with State funds cannot be counted as Local Cost Share. Costs that are not eligible for reimbursement include, but are not limited to the following items:
a) Costs, other than those noted above, incurred prior to the award date of the Grant.
b) Establishing a reserve fund.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

c) Replacement of existing funding sources for ongoing programs. d) Travel per diem.
e) Cost of environmental mitigation for another project. f) Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirements).
g) Payment of principal or interest of indebtedness or any interest payments. h) Administrative overhead.

7. METHOD OF PAYMENT.
a) Grantee shall submit invoices for costs incurred, together with supporting documentation to the CVMC Project Manager identified in Section 16 below, including the original invoice form with signature (in ink) and date of Grantee’s Authorized Project Representative. Invoices shall include only costs incurred for work performed in implementing the Project during the period identified in the particular invoice. Invoices shall be submitted no more frequently than monthly.
b) Requests for reimbursement shall use the Request for Disbursement form attached as Exhibit I (“Disbursement Request”) and shall be accompanied by the following:
(i) Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
(ii) Invoices must be itemized based on the categories (i.e., tasks) specified in the Project Budget. The amount claimed for salaries/wages/consultant fees must include a calculation formula (e.g., hours or days worked times the hourly or daily rate = the total amount claimed).
(iii) Documentation, reasonably satisfactory to State (e.g., receipts, copies of checks, time sheets, etc.), must be provided for all costs included in the invoice.
(iv) A copy of the most recent project status report required by Paragraph 13, Submission of Reports.
c) CVMC Project Manager will notify Grantee, in a timely manner, when, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not Eligible Project Costs or are not supported by documentation or receipts acceptable to State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to correct such deficiency(ies). If Grantee fails to submit adequate documentation correcting the deficiency(ies), State will reduce the pending invoice by the amount of ineligible or unapproved costs. d) State may, in its discretion, require a site visit to verify Project progress prior to processing an invoice. Grantee shall provide access by State upon 24 hours’ notice to determine if Project work is in accordance with this Grant Agreement, including a final inspection upon Project completion.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

e) After the CVMC Project Manager has confirmed that all above requirements have been met, State will disburse the funding to Grantee. f) [ ] Retention Required. If the box on this line is checked, State shall withhold five percent (5.0%) of the funds requested by Grantee on any invoice as retention to ensure completion of the Project. Release of the retention will occur when that Project is completed, and Grantee has submitted the “Project Completion Report” required under Paragraph 13.

8. WITHHOLDING OF DISBURSEMENTS BY STATE. If the State determines that the Project is not being implemented in accordance with the provisions of this Grant Agreement, and if Grantee does not remedy any such failure to State’s satisfaction, State may withhold from Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests in accordance with Paragraph 9 (b).

9. DEFAULT PROVISIONS. The Grantee is subject to the following default provisions:
a) The Grantee will be in default under this Grant Agreement if any of the following occur:
(i) Any breach of this Grant Agreement, or any amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations.
(ii) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement.
(iii) Failure to make any remittance required by this Grant Agreement. (iv) Failure to submit timely progress reports.
(v) Failure to routinely invoice State.
b) Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least thirty (30) calendar days to cure the default from the date the notice is sent to the Grantee in accordance with Paragraph 15, Notices. If the Grantee fails to cure the default within the time prescribed by the State, State may do one or more of the following:
(i) Declare all grant funds previously disbursed to Grantee to be immediately due and repayable, together with interest since the time of the first disbursement, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. (ii) Terminate any obligation to make future payments to Grantee. (iii) Terminate the Grant Agreement.
(iv) Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Grant Agreement in any manner provided by law, Grantee agrees to pay all costs incurred by the State including but not limited to, reasonable attorneys’ fees, legal expenses, and costs.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

10.ONGOING PERFORMANCE MONITORING: After Project Completion, Grantee shall monitor the performance of the Project and provide for any required maintenance or repairs as provided more particularly in Exhibit H, Additional Terms and Conditions.

11.PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to State.

12.RELATIONSHIP OF PARTIES. If applicable, Grantee is solely responsible for design, construction, operation and maintenance of the Project. State’s review or approval of plans, specifications, bid documents, or other construction documents is solely for the purpose of proper administration of funds by State and shall not be deemed to limit the liability or responsibilities of Grantee under this Grant Agreement or applicable law.

13.SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful performance of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. All reports shall be submitted to CVMC’s Project Manager.

If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall address the subjects set forth in the applicable portion of Exhibit F, Reporting Requirements. a) Quarterly Progress Reports: Grantee shall submit Project progress reports every three (3) months, unless the State notifies Grantee in writing that more frequent reporting will be required. Grantee should follow the following schedule:
• 1st Quarter (January – March): by April 30
• 2nd Quarter (April – June): by July 31
• 3rd Quarter (July – September): by October 31
• 4th Quarter (October – December): by January 31
b) Project Completion Report: Grantee shall prepare and submit to State a Project Completion Report within ninety (90) calendar days of Project completion. Final disbursement or retention, if required pursuant to Paragraph 7(f) above, will not be disbursed until the Project Completion Report has been submitted and approved by the State.
c) Annual Ongoing Compliance Report: Grantee shall prepare and submit to State an Annual Ongoing Compliance Report on each anniversary of Project Completion for fifteen (15) years, unless a different term is set forth

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

in Exhibit H, Additional Terms and Conditions.

14.GRANTEE OBLIGATIONS TO NOTIFY STATE. Grantee shall promptly notify State, in writing, of the following items:
a) Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the work plan, schedule or budget.
b) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by State’s representative. Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

15.NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:
a) By delivery in person.
b) By certified U.S. mail, return receipt requested, postage prepaid. c) By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
d) By electronic mail.

Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given three (3) calendar days after the date deposited with the U. S.

Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service.

Notices shall be sent to the addresses set forth in Paragraph 16. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

16.PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Coachella Valley Mountains Conservancy
Elizabeth M. King,
Executive Director
42-600 Cook Street, Suite 219
Palm Desert, CA 92260
Phone: (760) 776-5026
E-Mail: [email protected]
City of Coachella
William B. Pattison, Jr.

Acting City Manager
53-990 Enterprise Way
Coachella, CA 92236
Phone: (760) 398-3502
E-Mail:

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

Direct all inquiries to the Project Manager:

Coachella Valley Mountains Conservancy
Maximiliano Ochoa, Project Coordinator
42-600 Cook Street, Suite 219
Palm Desert, CA 92260
Phone : (760) 776-5026
E-Mail : [email protected]
City of Coachella
Jaime Arroyo, Grants Manager
53-990 Enterprise Way
Coachella, CA. 92236
Phone: (760) 501-8125
E-Mail: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

17.EXHIBITS. The following attached Exhibits are hereby incorporated into and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit A-1 –Project Site
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolutions
Exhibit F – Reporting Requirement
Exhibit G – State Audit Document Requirements for Grantees Exhibit H–Additional Terms and Conditions
IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

COACHELLA VALLEY MOUNTAINS

CONSERVANCY
Elizabeth M. King,
Executive Director
Date: ________________

CITY OF COACHELLA
William B. Pattison, Jr.

Acting City Manager
Date: ________________

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT A

WORK PLAN
The Project is the development of “Rancho Las Flores Park” multi-functional stormwater retention basin in the City of Coachella by the City of Coachella (Grantee) located at the intersection of Cesar Chavez Street and Ed Mitchell Drive in Coachella, CA 92236 (Riverside County). The stormwater project is a central component of the 14-acre expansion of Rancho Las Flores Park, which will address a critical stormwater management challenge, mitigate recurring flooding issues, restore ecological balance, and provide the community with a park that functions both as an environmental asset and a recreational hub. The park serves as one of the primary recreational and open spaces for various neighborhoods and large-scale events within the city.

The proposed project site is in an underserved community. According to CalEnviroScreen

4.0, the project area is in the 89th percentile for poverty and the 97th percentile for unemployment statewide. The economic reality of being unemployed or living in poverty means that families are unable to spend money or even have access to a single occupancy vehicle to access far away recreational opportunities in neighboring communities. This makes the need for a safe and accessible local park in this underserved community particularly pressing.

The Conservancy’s Prop 1 funding will be used for the following items and as outlined in Exhibit B – Project Budget:
• Mobilization
• Grading, Drainage
• Soil Prep
• Curb and Gutter
• Storm Drain Pipe
• Water Quality Basin Fence Refinish
• Boulders
• Basin Rip Rap

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT A-1

PROJECT SITE
Map of

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT B

PROJECT BUDGET
Construction Total Cost CVMC P1
Grant
Other
Funding
Source
(Indicate
Cash
or In-Kind)
City
(Match)
Other
Funding
Source
(Indicate
Cash
or In-Kind)
Prop 68

3.1 Mobilization $800,000.00 $80,000.00 $72,000.00 $648,000.00

3.2 Grading,
Drainage
$120,000.00 $24,000.00 $9,600.00 $86,400.00

3.3 Soil Prep $334,344.00 $66,868.00 $26,747.60 $0.00

3.4 Curb &
Gutter
$64,200.00 $64,200.00 $0.00 $0.00

3.5 Storm
Drainpipe
$65,000.00 $65,000.00 $0.00 $0.00

3.6 Water
Quality
Basin
Fence
Refinish
$6,405.00 $6,405.00 $0.00 $0.00

3.7 Boulders $130,025.00 $26,005.00 $10,402.00 $93,618.00

3.8 Basin Rip
Rap
$18,942.00 $18,942.00 $0.00 $0.00

3.9 Irrigation
System
$1,422,915.00 $0.00 $334,384.70 $1,088,529.30

3.10 Trees $257,100.00 $0.00 $71,988 $185,112.00

3.11 Shrubs $229,544.00 $0.00 $53,942.30 $175,602.70
Total Construction
Cost
$3,448,474.00 $351,420.00 $579,064.60 $2,517,989.40
Contingency $261,277.00 $48,580.00 $21,193.50 $190,741.50 Total: $3,709,701.00 $400,000.00 $600,258.10 $2,708,730.90

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT C

SCHEDULE
Task No. Task Activity Start Date End Date
1 RFP Contract out to bid April 2025 May 2025
2 Award Award Contract May 2025 June 2025
3 Construction Rancho Las Flores
Construction
June 2025 December 2026

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT D

STANDARD CONDITIONS
D.1) ACCOUNTING; DEPOSIT OF FUNDING; DISBURSEMENT:
a) Separate Accounting of Funding Disbursements and Interest Records:

Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.
b) Fiscal Management Systems and Accounting Standards: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Grant Agreement.
c) Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law.
d) Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first.

D.2) AMENDMENT: This Grant Agreement may be amended at any time by mutual written agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. State shall have no obligation to agree to an amendment.

D.3) AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., section 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.4) APPROVAL: This Grant Agreement shall be of no force or effect until signed by all parties. Grantee may not submit invoices or receive payment until all required signatures have been obtained.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

D.5) AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of Projects, with the costs of such audit borne by State. After completion of the Projects, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by an independent Certified Public Accountant.

Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies provided in Paragraph 9 or take any other action it deems necessary to protect its interests.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect to all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after Project completion or final billing, whichever comes later.

D.6) BUDGET CONTINGENCY: If the State Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for the Proposition 1 Grant Program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount.

D.7) CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Grant Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the State’s Project Manager, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.8) COMPETITIVE BIDDING AND PROCUREMENTS: If Grantee is a public entity, Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations inGrantee’s contracts with other entities for acquisition of goods and services and construction of public works. If Grantee is a non-profit organization or tribe, Grantee shall comply with any applicable law or policy in its procurement activity, but in all cases procurement shall be fair and reasonable as determined by the State.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

D.9) COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.10) CONFLICT OF INTEREST: All participants are subject to State conflict of interest laws. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code, sections 10410 and 10411.

D.11) DELIVERY OF INFORMATION, REPORTS AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.12) ENVIRONMENTAL COMPLIANCE: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.) and, if applicable, the National Environmental Policy Act (NEPA).

D.13) GRANTEE COMMITMENTS: Grantee accepts and agrees to comply with all terms, provisions, conditions and commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by the Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

D.14) GRANTEE NAME CHANGE: Approval of the State’s Project Manager is required to change the Grantee’s name as listed on this Grant Agreement. Upon receipt of legal documentation of the name change the State will process an amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

D.15) GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.16) INDEMNIFICATION/INSURANCE:
a) Grantee will agree to defend, indemnify, and hold harmless CVMC and the State of California, their contractors, officers, directors, agents or employees against any and all claims, liability, demands, damages, debts, judgments, costs, or expenses, including reasonable attorney's fees, arising out of or in any way connected to the Grantee's actions, omissions, or other conduct relating in any way to this Grant Agreement and the Project, including, but not limited to, any such losses, damages, or expenses arising out of (a) loss of or damage to the Project, (b) injury to or death of persons. b) During the term of this Agreement, Grantee shall maintain, and require its contractors or subcontractors to maintain, insurance in accordance with State’s standard requirements, naming the CVMC and the State and their officers, agents and employees as additional insured on their liability

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CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

insurance for activities undertaken pursuant to this Agreement. Grantee shall provide State with certificates of coverage prior to commencing work.

D.17) INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.18) INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.19) INVOICE DISPUTES: In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. Any claim that Grantee may have regarding the performance of this Grant Agreement including, but not limited to claims for additional compensation or extension of time, shall be submitted to the CVMC Project Manager within thirty (30) days of Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to the Grant Agreement to implement the terms of any such resolution.

D.20) MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibit A, Work Plan, which concern the budget and schedule without formally amending this Grant Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in any increase in the amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the CVMC Project Manager in writing.

D.21) NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, gender identity, sexual orientation,race, color, ancestry,religion, creed, national origin, disability, age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave. Grantee shall

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement.

D.22) OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.23) PREVAILING WAGES: Prevailing Wages as required by the California Labor Code shall be paid for all work procured with funding under the Grant Agreement, except to the extent work is performed by volunteers or employees of the State Conservation Corps or a certified local conservation corps.

D.24) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to userfees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Grant Agreement, without prior written permission of State. In the event of any violation of this provision, State may require repayment of all grant funds disbursed under the Grant Agreement in accordance with Paragraph 9 (b).

D.25) REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.26) RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act, Government Code section 6250 et seq. Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.27) SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified.

D.28) STATE REVIEWS: The parties agree that review or approval of projects applications, documents, permits, plans, and specifications or other project

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

information by the State is for administrative purposes only and does not relieve the Grantee of their responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Projects.

D.29) SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both, and Grantee may be subject to debarment from state contracts if the State determines that:
a) Grantee, its contractors, or subcontractors have made a false certification, or b) Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement.

D.30) SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved in writing by State and made subject to such reasonable terms and conditions as State may impose.

D.31) TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide reasons for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.32) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 9, the State may terminate this Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein.

D.33) TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause upon thirty (30) days written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.34) THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.35) TIMELINESS: Time is of the essence in this Grant Agreement.

D.36) TRAVEL: Grantee agrees that travel per diem costs shall not be eligible for reimbursement with grant funds.

D.37) WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

D.38) WORKERS’ COMPENSATION: Grantee affirms that it is aware of the provisions

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Grant Agreement and will make its contractors and subcontractors aware of this provision.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT E

AUTHORIZING RESOLUTIONS

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CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT E – (Continued)

AUTHORIZING RESOLUTIONS

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT E – (Continued)

AUTHORIZING RESOLUTIONS

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT E – (Continued)

AUTHORIZING RESOLUTIONS

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT E – (Continued)

AUTHORIZING RESOLUTIONS

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT E – (Continued)

GRANTEE AUTHORIZING RESOLUTIONS

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT F

REPORT FORMATS AND REQUIREMENTS

PROGRESSREPORTS
Progress reports shall generally include the following:
• Estimate percentage of Project complete.
• Narrative of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Scheduling concerns and issues encountered that may delay completion of the task.
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Any schedule or budget modifications approved by CVMC during the reporting period.
• Any problems encountered in the performance of the work during the period.

GRANT COMPLETION REPORT
The Grant Completion Report shall consist of a narrative of not more ten (10) pages that includes the following:

ExecutiveSummary
Reports and/or products
• Summary of the work competed.
• Brief comparison of work proposed in the original grant application and actual work done.
• Identify remaining work (i.e., not funded by the Grant), if any, and mechanism for ensuring its implementation.
• Lien releases as applicable
Cost & Disposition of Funds Information
• A summary of final funds disbursement for the Project.

AdditionalInformation
• A final schedule showing actual progress duration versus planned progress. • Copies of any final documents or reports generated during the Project, as applicable.

ANNUAL ONGOING COMPLIANCE REPORT
The Annual Compliance Report shall include a report on Grantee’s implementation of ongoing performance monitoring as may be required by Grantee’s Performance Monitoring Plan, as set forth in Exhibit H, Additional Terms and Conditions, as well as a description of any repairs required to the Project site and a general description of the condition of the Project site.

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CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT F – (Continued)

SAMPLE QUARTERLY PROJECT STATUS REPORT
[Insert Organization Header/Logo]
CVMC Grants Quarterly Project Status Reports
Date:

Grant Number:

Grantee/Lead Agency:

Project Name:

Quarter & Dates: # Quarter, Month – Month, Year.

Narrative of Task(s)/Objective(s) Accomplished during this reporting period:

Milestones/Deliverables completed during the reporting period:

Schedule or budget concerns, challenges, issues encountered, and/or performance of work that may delay completion of the project (i.e. staff changes, permits, etc):

Schedule or budget modifications (if any):

Work anticipated for the next reporting period:

Photo Documentation:

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CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT F – (Continued)

SAMPLE FINAL PROJECT REPORT
[Insert Organization Header/Logo]
Final Project Report [Project Title]
[Coversheet to include]
Submission Date:

Grantee:

Grant Number:

Grantee Address/HQ:

Full Project Name:

Project Completion Date:

Report Prepared by:

Collaborators/Contributors/Consultants:

Report Reviewed by:

Submitted to:

Coachella Valley Mountains Conservancy
42-600 Cook Street, Suite 219
Palm Desert CA, 92260
[Final report to include]
ExecutiveSummary
Reports and/or products
• Summary of the work completed.
• Brief comparison of work proposed in the original grant application and actual work done.
• Community improvements as a result of the project completion. • Impact on Conservation and Wildlife
• Identify remaining work (i.e., not funded by the Grant), if any, and mechanism for ensuring its implementation.
• Lien releases as applicable
Cost & Disposition of Funds Information • A summary of final funds disbursement for the Project.

AdditionalInformation
• A final schedule showing actual progress duration versus planned progress. • Copies of any final documents or reports generated during the Project, as applicable.
• Photo documentation of the Project site (include photographs below):

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT F – (Continued)

SAMPLE ANNUAL ONGOING COMPLIANCE REPORT
[Insert Organization Header/Logo]
Annual Ongoing Compliance Report
Grant Number:

Grantee:

Project Name:

Project Completion Date:

Date of Annual Report:

Describe the current condition of Project site:

Describe what management actions have been completed for the Project in the past year:

Describe what management needs are foreseen, based on this year’s monitoring and management, for the coming year:

Photo documentation of the Project site (include photographs below):

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT G

STATE AUDIT DOCUMENT REQUIREMENTS FOR GRANTEES
State Audit Document Requirements
The list below details the documents/records that State Auditors typically reviewed in the event of a Grant Agreement being audited. Grantees should ensure that such records are maintained for each State funded Program/Project. Where applicable, this list of documents also includes documents relating to the Grantee’s Local Cost Share which will be required for audit purposes.

Internal Controls:

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for this Grant Agreement’s fundedProject).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) State funding expenditure tracking
e) Guidelines, policy(ies), and procedures on State funded Program/Project

3. Audit reports of the Grantee’s internal control structure and/or financial statements within the last two years.

4. Prior audit reports on State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A list of all bond-funded grants, loans or subventions received from the State.

3. A list of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related, if applicable.

2. Contracts between the Grantee, member agencies, and project partners as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

CashDocuments:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips or bank statements showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the Grant Agreement.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT G – Continued

STATE AUDIT DOCUMENT REQUIREMENTS FOR GRANTEES
AccountingRecords:

1. Ledgers showing receipts and cash disbursement entries for State funding.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to reimbursement requests submitted to the State for the GrantAgreement
AdministrationCosts:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Grantee staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff.

3. Verification that prevailing wages have been paid where applicable for work funded by the Grant Agreement.

Project Files:

1. All supporting documentation maintained in the Program/Project files.

2. All Grant Agreement related correspondence.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT H

ADDITIONAL TERMS AND CONDITIONS

1. Incorporation of Proposal. Grantee shall complete the Project in accordance with its Grant Proposal dated March 26, 2025, except to the extent that proposal was modified by this Agreement.

2. Letters of Support/Collaboration/Funding Match. The grantee shall provide letters of support and/or letters of confirmation of collaboration/funding match.

3. Compliance with IS/MND. Grantee shall implement the Project in accordance with the Initial Study and Mitigated Negative Declaration Approved by the City of Coachella on May 13, 2010. Grantee shall implement all applicable mitigation measures required by the IS/MND as part of the Project.

4. Signage. The Grantee shall post signage at the project site acknowledging the specific bond that was used to fund the project. The signage shall also include the CVMC Logo and the following statement: This project is funded by the Coachella Valley Mountains Conservancy Proposition 1 Grant Program, created through Bond Proposition 1- The Water Qualify, Supply, and Infrastructure Improvement Act of 2014, and administered by the Coachella Valley Mountains Conservancy, a state agency within the California Natural Resources Agency. (See Exhibit H – Attachment 1 - Logo)

5. Contractors. Grantee shall provide information to CVMC about its bidding and procurements processes used in retaining contractors for the Project to document that its selection of contractors was fair and reasonable.

6. Consent of Landowners. Where the project is to be implemented on land not owned by Grantee, Grantee shall be responsible for obtaining consent of the owner prior to entering such owner’s property. Grantee shall keep in writing record of such consent, and State shall have no liability for any trespass by Grantee due to failure to obtains such consents.

7. Ongoing Performance Monitoring. After the completion of the Project, Grantee shall monitor the Project site as reasonably required, including after every storm, to ensure all design functions of the Project are unobstructed and operational. Grantee shall submit Annual Ongoing Compliance reports as required by Section 12 of the Agreement.

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CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT H – (Continued)
LOGO
A digital version of the Logo(s) will be shared via email correspondence with the Grantee.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT I

REQUEST FOR DISBURSEMENT FORM
(To be printed on Grantee Letterhead)

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT I – Continued

REQUEST FOR DISBURSEMENT CHECKLIST
• Invoices must contain the date of the invoice, the time period covered by the invoice, and the total amount due.
• Invoices must be itemized based on the categories (i.e., tasks) specified in the Project Budget. The amount claimed for salaries/wages/consultant fees must include a calculation formula (e.g., hours or days worked times the hourly or daily rate = the total amount claimed).
• Documentation, reasonably satisfactory to State (e.g., receipts, copies of checks, time sheets, etc.), must be provided for all costs included in the invoice.
• A copy of the most recent project status report required by Paragraph 13, Submission of Reports within the Grant Agreement.

Item 7.

CVMC Proposition 1 Grant Program
Grant Agreement No. 38500000P010041

EXHIBIT I – Continued

SAMPLE INVOICE WITH ITEMIZED TASKS
Invoice Date
Invoice Number
Bill To:

Coachella Valley Mountains Conservancy
42-600 Cook Street, Suite 219
Palm Desert, CA 92260
Re: Project No. 38500000P01XXXX
Task 1 – Description (from Grant Agreement Budget) $Amount (explanation of charges if needed)
Task 2 – Description $Amount
Task 3 – Description $Amount
TOTAL DUE: $Amount

Item 7.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Kendra Reif, Interim Development Services Director SUBJECT: Approve Resolution No. 2025-28 declaring its intention to authorize the establishment of an annual special tax for City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) and annexation areas thereto for Fiscal Year 2025/2026; setting a public hearing date as July 9, 2025
STAFF RECOMMENDATION:

Staff recommends that the City Council approve the attached Resolution No. 2025-28 declaring its intention to authorize the establishment of an annual special tax for City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) and annexation areas thereto for Fiscal Year 2025/202; setting a public hearing date as July 9, 2025.

EXECUTIVE SUMMARY:

Resolution No. 2025-28 declares the intent to establish an updated levy of the special taxes in the Community Facilities District (CFD) 2005-1 and the Annexation Areas in the current tax year at the new rate reflecting the annual Consumer Price Index adjustment for the special taxes. This an annual City Council action item which triggers the certified list of all parcels in the CFD 2005-1 and the Annexation Areas subject to the levy with updated amounts to be levied on each parcel.

These will be compiled by the City’s consultant and the levy for the current tax year will be sent to the County Auditor-Controller in order for the City to collect the assessments for the 2025/2026 fiscal year.

Through adoption of Resolution No. 2025-28, the City Manager is authorized to determine the specific rates and amounts of the special tax to be collected from taxable parcels within the CFD 2005-1 and the Annexation areas for Fiscal Year 2025/2026. Additionally, the City Manager is authorized to prepare the Fiscal Year 2025/2026 Certified List and to submit such list to the County Auditor on or before August 10, 2025.

BACKGROUND:

The City Council initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors to authorize the levy of special taxes in City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic

Item 8.

Services), Annexation Area Nos. 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 28, 29, 31, 32 and 33 of the 2005-1 CFD, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982.”
Commencing with Fiscal Year 2005/2006 and for each following Fiscal Year, the City Council has levied the Special Tax at the Maximum Special Tax on all Developed Single Family Residential Property and Developed Multi-Family Residential Property for which a building permit for the construction of residential units are issued prior to June 30 of the prior fiscal year.

DISCUSSION/ANALYSIS:

A review of new building permits issued by the City’s Building Division for the current Fiscal Year 2024/2025 reveals that there were ninety-three (93) new qualifying “residential dwellings unit” permits issued within the Community Facility District 2005-01 boundaries or annexation areas, compared to one hundred forty-two (142) for Fiscal Year 2023/2024. The City issued permits for these homes inside the Pyramid Ranch community (Tract 38557) developed by Pulte Homes and Rancho Mariposa (Tract 30831) developed by Monte Vista Homes.

RECOMMENDED ALTERNATIVE(S):

Staff recommends alternative #1.

Attachments:

Attachment 1: Resolution No. 2025-28
Attachment 2: New Dwelling Unit Permits 2024/2045
Attachment 3: Map of 2024/2025 CFD Assessed Tracts

Item 8.

RESOLUTION NO. 2025-28

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, DECLARING ITS INTENTION TO

AUTHORIZE THE ESTABLISHMENT OF AN ANNUAL SPECIAL TAX
FOR CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AND ANNEXATION AREAS THERETO FOR FISCAL YEAR 2024/2025; SETTING A PUBLIC HEARIG DATE AS JULY 9, 2025
WHEREAS, the City Council (the “Council”) of the City of Coachella (the “City”) had previously initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors to authorize the levy of special taxes in City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “CFD 2005-1”), Annexation Area Nos. 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33, 34 and 35 of the 2005-1 CFD (collectively, the “Annexation Areas”), all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and,
WHEREAS, this Council, by the adoption of applicable ordinances, as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of such special taxes in the CFD 2005-1 and the Annexation Areas; and, WHEREAS, Government Code Section 53340 provides that this Council may provide, by resolution, for the levy of the special taxes in the CFD 2005-1 and the Annexation Areas in the current tax year and future tax years at the same rates or at a lower rate than the rate provided for in the ordinance levying such special taxes if such resolution is adopted and a certified list of all parcels in the CFD 2005-1 and the Annexation Areas subject to the special tax levy including the amount of the special tax to be levied on each parcel in the CFD 2005-1 and the Annexation Areas for the current tax year (the “Fiscal Year 2023/2024 Certified List”) and future tax years, is timely filed by the clerk or other official designated by this Council with the Auditor of the County of Riverside (the “County Auditor”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The above recitals are all true and correct.

Section 2. The City Manager is hereby authorized and directed to determine or cause to be determined the specific rates and amounts of the special tax to be collected from taxable parcels within the CFD 2005-1 and the Annexation areas for Fiscal Year 2024/2025.

Section 3. The City Manager is hereby authorized and directed to prepare or cause the preparation of the Fiscal Year 2024/2025 Certified List and to submit such list to the County Auditor on or before August 10, 2025 or such later date to which the County Auditor may agree.

Item 8.

Resolution No. 2025-28

Section 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax.

Section 5. It is hereby further directed that a certified copy of this Resolution, together with the Certified List for Fiscal Year 2024/2025, also be filed with the County Auditor.

Section 6. The County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the special tax.

Section 7. The County Auditor shall then, at the close of the tax collection period, promptly render to the City a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

Section 8. This resolution shall become effective upon its adoption.

PASSED, APPROVED and ADOPTED this 11th day of June, 2025. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Ryan
City Attorney

Item 8.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-28 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 11th day of June, 2025 by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 8.

Tract Lot APN Site Address Permit Number Permit Issued Plan Type Square Footage Description 1 38557 188 779611037 50475 PASEO OCHOA BL-2024-06-18137 8/21/2024 1B 1959 SFD 2 38557 189 779611038 50483 PASEO OCHOA BL-2024-06-18138 8/21/2024 2C 2004 SFD 3 38557 190 779622006 50505 PASEO OCHOA BL-2024-06-18139 8/21/2024 3AR 2824 SFD 4 38557 191 779622007 50535 PASEO OCHOA BL-2024-06-18140 8/21/2024 1C 1959 SFD 5 38557 192 779622008 50557 PASEO OCHOA BL-2024-06-18141 8/21/2024 2A 2004 SFD 6 38557 193 779622009 50573 PASEO OCHOA BL-2024-06-18142 8/21/2024 3BR 2824 SFD 7 38557 194 779622010 50587 PASEO OCHOA BL-2024-06-18143 8/21/2024 1AR 1959 SFD 8 38557 195 779624001 50584 PASEO OCHOA BL-2024-06-18144 8/21/2024 3C 2824 SFD 9 38557 196 779624002 50570 PASEO OCHOA BL-2024-06-18145 8/21/2024 1BR 1959 SFD 10 38557 197 779624003 50554 PASEO OCHOA BL-2024-06-18146 8/21/2024 2AR 2004 SFD 11 38557 198 779624004 50528 PASEO OCHOA BL-2024-06-18147 8/21/2024 3C 2824 SFD 12 38557 199 779613001 50498 PASEO OCHOA BL-2024-06-18148 8/21/2024 1AR 1959 SFD 13 38557 200 779613002 50482 PASEO OCHOA BL-2024-06-18149 8/21/2024 2B 2004 SFD 14 38557 201 779613003 50468 PASEO OCHOA BL-2024-06-18150 8/21/2024 3BR 2824 SFD 15 38557 94 779621023 83874 PYRAMID RANCH DR BL-2024-06-18152 8/21/2024 3AR 2824 SFD 16 38557 95 779621024 83884 PYRAMID RANCH DR BL-2024-06-18153 8/21/2024 1CR 1959 SFD 17 38557 96 779620036 83904 PYRAMID RANCH DR BL-2024-06-18154 8/21/2024 1B 1959 SFD 18 38557 97 779620037 83920 PYRAMID RANCH DR BL-2024-06-18155 8/21/2024 3C 2884 SFD 19 38557 98 779620038 83934 PYRAMID RANCH DR BL-2024-06-18156 8/21/2024 2BR 2004 SFD 20 38557 104 779622004 50574 PASEO FERRERA BL-2024-06-18157 8/21/2024 2AR 2404 SFD 21 38557 105 779622005 50586 PASEO FERRERA BL-2024-06-18158 8/21/2024 1CR 1959 SFD 22 38557 106 779623001 83883 PYRAMID RANCH DR BL-2024-06-18159 8/21/2024 3BR 2824 SFD 23 38557 107 779623002 83875 PYRAMID RANCH DR BL-2024-06-18160 8/21/2024 2C 2004 SFD 24 38557 203 779613005 50438 PASEO OCHOA BL-2024-07-18228 8/27/2024 2A 2404 SFD 25 38557 204 779613006 50416 PASEO OCHOA BL-2024-07-18229 8/27/2024 3BR 2824 SFD 26 30831 51 603570021 49899 REDONDO ESTE BL-2024-08-18322 9/11/2024 2 2121 SFD 27 30831 110 603572008 84425 REDONDO SUR BL-2024-08-18332 9/11/2024 2R 2121 SFD 28 30831 111 603572009 84437 REDONDO SUR BL-2024-08-18333 9/11/2024 1 1815 SFD 29 30831 112 603572010 84449 REDONDO SUR BL-2024-08-18334 9/11/2024 2 2121 SFD 30 30831 52 603570022 49861 REDONDO ESTE BL-2024-07-18243 9/11/2024 1R 1815 SFD 31 30831 53 603570023 49823 REDONDO ESTE BL-2024-07-18244 9/11/2024 2 2121 SFD 32 30831 54 603570024 49785 REDONDO ESTE BL-2024-07-18245 9/11/2024 1R 1815 SFD 33 30831 60 603572001 49862 REDONDO ESTE BL-2024-07-18246 9/11/2024 2R 2121 SFD 34 30831 61 603572002 49824 REDONDO ESTE BL-2024-07-18247 9/11/2024 2R 2121 SFD 35 30831 62 603572003 49786 REDONDO ESTE BL-2024-07-18248 9/11/2024 1 1815 SFD 36 38557 61 779620025 83888 CALLE MORENO BL-2024-08-18383 9/17/2024 3BR 2824 SFD 37 38557 62 779620026 83896 CALLE MORENO BL-2024-08-18384 9/17/2024 1C 1959 SFD 38 38557 63 779620027 83908 CALLE MORENO BL-2024-08-18386 9/17/2024 2AR 2004 SFD 39 38557 64 779620028 83920 CALLE MORENO BL-2024-08-18387 9/17/2024 3C 2924 SFD Fiscal Year 2024-2025 Building Permits for CFD 2005-1
Single-Family Dwellings

Item 8.
40 38557 65 779620029 83932 CALLE MORENO BL-2024-08-18388 9/17/2024 1AR 1959 SFD 41 38557 66 779620030 83940 CALLE MORENO BL-2024-08-18389 9/17/2024 2B 2404 SFD 42 38557 67 779620031 83948 CALLE MORENO BL-2024-08-18390 9/17/2024 3AR 2824 SFD 43 38557 68 779620032 83958 CALLE MORENO BL-2024-08-18391 9/17/2024 1CR 1959 SFD 44 38557 69 779620033 83931 CALLE MORENO BL-2024-08-18392 9/17/2024 3B 2824 SFD 45 38557 70 779620034 83917 CALLE MORENO BL-2024-08-18393 9/17/2024 2CR 2404 SFD 46 38557 71 779620035 83905 CALLE MORENO BL-2024-08-18394 9/17/2024 1AR 1959 SFD 47 38557 57 779620021 83848 CALLE MORENO BL-2024-08-18397 9/17/2024 2BR 2404 SFD 48 38557 58 779620022 83856 CALLE MORENO BL-2024-08-18398 9/17/2024 1CR 1959 SFD 49 38557 59 779620023 83868 CALLE MORENO BL-2024-08-18399 9/17/2024 3AR 2824 SFD 50 38557 60 779620024 83876 CALLE MORENO BL-2024-08-18400 9/17/2024 2C 2404 SFD 51 38557 72 779621001 83885 CALLE MORENO BL-2024-08-18401 9/17/2024 1B 1959 SFD 52 38557 73 779621002 83873 CALLE MORENO BL-2024-08-18402 9/17/2024 2AR 2404 SFD 53 38557 74 779621003 83861 CALLE MORENO BL-2024-08-18403 9/17/2024 3C 2824 SFD 54 38557 75 779621004 83851 CALLE MORENO BL-2024-08-18404 9/17/2024 1BR 1959 SFD 55 30831 67 603571005 49558 REDONDO ESTE BL-2024-07-18249 10/17/2024 2R 2121 SFD 56 30831 59 603570029 49597 REDONDO ESTE BL-2024-07-18250 10/17/20242 2121 SFD 57 30831 55 603570025 49745 REDONDO ESTE BL-2024-08-18323 10/17/20242 2121 SFD 58 30831 56 603570026 49711 REDONDO ESTE BL-2024-08-18324 10/17/2024 1R 1815 SFD 59 30831 57 603570027 49673 REDONDO ESTE BL-2024-08-18325 10/17/2024 2 2121 SFD
60 30831 58 603570028 49635 REDONDO ESTE BL-2024-08-18326 10/17/2024 1R 1815 SFD 61 30831 63 603571001 49710 REDONDO ESTE BL-2024-08-18328 10/17/2024 1R 1815 SFD 62 30831 64 603571002 49672 REDONDO ESTE BL-2024-08-18329 10/17/20242 2121 SFD 63 30831 65 603571003 49634 REDONDO ESTE BL-2024-08-18330 10/17/2024 2R 2121 SFD 64 30831 66 603571004 49596 REDONDO ESTE BL-2024-08-18331 10/17/2024 1R 1815 SFD 65 38557 52 779620016 83796 CALLE MORENO BL-2024-10-18496 11/5/2024 3B 2824 SFD 66 38557 53 779620017 83806 CALLE MORENO BL-2024-10-18497 11/5/2024 1CR 1959 SFD 67 38557 54 779620018 83818 CALLE MORENO BL-2024-10-18498 11/5/2024 2A 2404 SFD 68 38557 55 779620019 83828 CALLE MORENO BL-2024-10-18500 11/5/2024 3CR 2824 SFD 69 38557 56 779620020 83840 CALLE MORENO BL-2024-10-18501 11/5/2024 1AR 1959 SFD 70 38557 76 779621005 83843 CALLE MORENO BL-2024-10-18502 11/5/2024 3AR 2824 SFD 71 38557 77 779621006 83835 CALLE MORENO BL-2024-10-18503 11/5/2024 2CR 2404 SFD 72 38557 78 779621007 83821 CALLE MORENO BL-2024-10-18504 11/5/2024 1AR 1959 SFD 73 38557 79 779621008 83807 CALLE MORENO BL-2024-10-18505 11/5/2024 3BR 2824 SFD 74 38557 80 779621009 83799 CALLE MORENO BL-2024-10-18506 11/5/2024 2CR 2404 SFD 75 38557 45 779620009 50677 PASEO CISNEROS BL-2024-10-18518 11/14/2024 3B 2824 SFD 76 38557 46 779620010 50691 PASEO CISNEROS BL-2024-10-18519 11/14/2024 2CR 2404 SFD 77 38557 47 779620011 50703 CALLE MORENO BL-2024-10-18520 11/14/2024 1AR 1959 SFD 78 38557 48 779620012 83754 CALLE MORENO BL-2024-10-18521 11/14/2024 2BR 2404 SFD 79 38557 49 779620013 83762 CALLE MORENO BL-2024-10-18522 11/14/2024 3A 2824 SFD 80 38557 50 779620014 83776 CALLE MORENO BL-2024-10-18523 11/14/2024 1B 1959 SFD 81 38557 51 779620015 83784 CALLE MORENO BL-2024-10-18524 11/14/2024 2CR 2404 SFD 82 38557 81 779621010 83785 CALLE MORENO BL-2024-10-18525 11/14/2024 1AR 1959 SFD 83 38557 82 779621011 83773 CALLE MORENO BL-2024-10-18526 11/14/2024 2BR 2404 SFD

Item 8.
84 38557 83 779621012 83763 CALLE MORENO BL-2024-10-18527 11/14/2024 3CR 2824 SFD 85 38557 90 779621019 83834 PYRAMID RANCH DR BL-2024-11-18674 12/12/2024 3B 2824 SFD 86 38557 91 779621020 83842 PYRAMID RANCH DR BL-2024-11-18675 12/12/2024 2AR 2404 SFD 87 38557 92 779621021 83852 PYRAMID RANCH DR BL-2024-11-18676 12/12/2024 1B 1959 SFD 88 38557 93 779621022 83862 PYRAMID RANCH DR BL-2024-11-18677 12/12/2024 2CR 2404 SFD 89 38557 108 779623003 83863 PYRAMID RANCH DR BL-2024-11-18678 12/12/2024 1AR 1959 SFD 90 38557 109 779623004 83853 PYRAMID RANCH DR BL-2024-11-18679 12/12/2024 2B 2404 SFD 91 38557 110 779623005 83845 PYRAMID RANCH DR BL-2024-11-18680 12/12/2024 3CR 2824 SFD 92 38557 111 779623006 83837 PYRAMID RANCH DR BL-2024-11-18681 12/12/2024 1B 1959 SFD 93 768210036 84635 AVENUE 51 BL-2025-01-18815 2/12/2025 2725 SFD

Item 8.

Item 8.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Kendra Reif, Interim Development Services Director SUBJECT: Consideration to Fill Two Planning Commission Vacancies STAFF RECOMMENDATION:

Staff recommends that the Mayor and City Council fill two vacancies on the Planning Commission.

BACKGROUND:

The Coachella Planning Commission is made up of five members and one alternative member, who are appointed to 4-year terms that are staggered. The City Attorney recently opined that the terms of the mayor’s appointments are for a 2-year term based on Coachella Municipal Code (C.M.C.) Sections 2.32 and 2.26. Accordingly, every two years, three commissioners must be newly appointed. The C.M.C. Section 2.26.020 (B), states that each council member may nominate an individual to serve on each city commission and committee subject to appointment by the mayor, with approval by the City Council, at open session of a regular or special city council meeting. If a council member fails to nominate an individual, the mayor may appoint someone with approval by the City Council. The C.M.C. 2.26.020 (D), states that in an event of an interim vacancy, the council member who nominated the vacating member may nominate another individual, subject to appointment by the mayor with approval by the City Council, for the unexpired term of the member replaced. There is no individual council member nomination for the Alternate Planning Commissioner.

On February 26, 2025, Councilmember Perez nominated Margarita Lopez to serve a 4-year term as Planning Commissioner and was approved by the City Council. Margarita Lopez at that time declined the appointment and the City Council will need to fill the vacancy. Table 1 shows the Planning Commission Appointments from the February 26, 2025 meeting.

On April 9, 2025, Commissioner Yurema Arvizu resigned from her role as a Planning Commissioner. Former Commissioner Yurema Arvizu was previously nominated by Councilmember Figueroa and was appointed to the Planning Commission on March 8, 2023. Since this is a vacancy due to a resignation, the future appointee’s term will continue where former Commissioner Yurema Arvizu’s term left off and will expire in November of 2026. Table 2 shows the current Planning Commissioner roles and vacancies.

Item 9.

Table 1: Planning Commission Appointments February 26, 2025 Planning Commissioners Appointed by Term expires
Eva Lara Mayor Pro-Tem Delgado November 2028
Margarita Lopez Councilmember Yadira Perez November 2028 Oscar Fonseca Mayor Hernandez November 2026
Robert Caballero (Alternate) Mayor Hernandez November 2026 Table 2: Current Planning Commission Roles and Vacancies Planning Commissioners Appointed by Term expires
Chairperson Isela Murillo Councilmember Virgen November 2026 Vice Chairperson Oscar Fonseca Mayor Hernandez November 2026 Commissioner Eva Lara Mayor Pro-Tem Delgado November 2028 Vacant Councilmember Perez November 2028
Vacant Councilmember Figueroa November 2026
Commissioner Robert Caballero
(Alternate)
Mayor Hernandez November 2026
DISCUSSION/ANALYSIS:

The City Clerk’s Office maintains a list of the following candidates for Planning Commission:
 Karla Flores Rosas
 Stephanie Ambriz
 Humberto Ortega
 Manuel Gaitan
 Margarita Lopez
The City Council may fill the current Planning Commission vacancies from the list of candidates or extend the deadline for Planning Commissioner applications.

FISCAL IMPACT:

There are no direct fiscal impacts by appointment of Planning Commissioners on the adopted budget for Fiscal Year 2024/2025.

ALTERNATIVE(S):
1) Fill the two existing Planning Commission vacancies from the submitted Planning Commissioner applications.
2) Request that City extend the deadline for Planning Commissioner applications and fill existing Commission vacancy at a future date.
3) Continue this item and provide staff direction.

Item 9.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative 1.

Attachments:

1. Planning Commission Applications
 Karla Flores Rosas
 Stephanie Ambriz
 Humberto Ortega
 Manuel Gaitan
 Margarita Lopez

Item 9.

Item 9.

Item 9.

Item 9.

Item 9.

Item 9.

CITY OF COACHELLA

COMMISSION APPLICATION
NAME: _____________________________________________________________________________ ADDRESS: __________________________________________
TELEPHONE: ___________________ E-MAIL: _____________
COMMISSION:

Planning
Cultural and Arts
Parks and Recreation
Utilities User Tax Citizen Oversight (UUT)
Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.

Please state your age and high school you currently attend in the “other comments” in section 5.) Social Justice & Public Safety
To be eligible for appointment to any Commission you must be a resident of the City of Coachella.

Members may only serve on one commission/committee.

Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Page 94 Item 9.

CITY OF COACHELLA

COMMISSION APPLICATION
PAGE 2
(Revised 10-30-2023)

3. What special qualities can you bring to the Commission? _________________________________________________________________________________

4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________

5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Signature Date

Note: Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected]

Item 9.

CITY OF COACHELLA

COMMISSION APPLICATION
NAME: _____________________________________________________________________________ ADDRESS: __________________________________
TELEPHONE: ______________ E-MAIL: ____
COMMISSION:

Planning
Cultural and Arts
Parks and Recreation
Utilities User Tax Citizen Oversight (UUT)
Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.

Please state your age and high school you currently attend in the “other comments” in section 5.) Social Justice & Public Safety
To be eligible for appointment to any Commission you must be a resident of the City of Coachella.

Members may only serve on one commission/committee.

Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Manuel Gaitan
x
and regional growth. My background in leadership, project management, and policy gives me the tools to serve effectively on the Planning Commission.

As General Manager of the Riverside County Citrus Pest Control District No. 2, I lead public programs that directly affect local zoning, environmental compliance, I have over a decade of experience managing land use, infrastructure planning, and agricultural operations across the Coachella Valley.

The Planning Commission is responsible for shaping growth in a way that balances development, environmental needs, and community well-being.

I would help by applying practical insight from both government and private sector experience to guide smart land use, infrastructure design, and community outreach. My focus would be on thoughtful, sustainable planning that protects Coachella’s unique identity. Page 96 Item 9.

CITY OF COACHELLA

COMMISSION APPLICATION
PAGE 2
(Revised 10-30-2023)

3. What special qualities can you bring to the Commission? _________________________________________________________________________________

4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________

5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Signature Date

Note: Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected]
I’m local, bilingual, and I understand how to get things done at both the policy and project level. I’ve managed crews, budgets, land, and compliance work. I also connect well with people and believe in communicating clearly and listening first. I bring a lot of real-world perspective to the table, especially when it comes to land use, infrastructure, and ag-related planning.

I love this city and want to see it thrive. Whether it’s helping navigate land use decisions, zoning changes, or balancing development with the community needs. I'd like to see Coachella continue to grow in a way that stays true to its roots while building something for a great future. 4/14/2025

Item 9.

CITY OF COACHELLA

COMMISSION APPLICATION
NAME: _____________________________________________________________________________ ADDRESS: _ _______________________________________
TELEPHONE: _ _______________ E-MAIL: _ _______
COMMISSION:

Planning
Cultural and Arts
Parks and Recreation
Utilities User Tax Citizen Oversight (UUT)
Youth Advisory (To be eligible for appointment to the Commission you must be enrolled in high school.

Please state your age and high school you currently attend in the “other comments” in section 5.) Social Justice & Public Safety
To be eligible for appointment to any Commission you must be a resident of the City of Coachella.

Members may only serve on one commission/committee.

Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.

PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:

1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Margarita Lopez
in the review of short and long range growth and development of the city.

I would like to take part in the commission to learn more about the proposed projects I would like to review/take part in the land use proposals that may have an impact in the community's growth and environment. I'm interested that adhere to the zoning district or general plan. I would also like to learn more about the criterias and guidelines to approve the numerous city events. Page 98 Item 9.

CITY OF COACHELLA

COMMISSION APPLICATION
PAGE 2
(Revised 10-30-2023)

3. What special qualities can you bring to the Commission? _________________________________________________________________________________

4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________

5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Signature Date

Note: Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.

Youth Advisory Commission Note: The term of a Commissioner is one year from August to June; mirroring the local school district’s school year.

PLEASE RETURN THIS COMPLETED APPLICATION TO:

Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected]
I am interested in learning more about the commission's structure and it's functions.

I would like to take part in the commission to educate myself and the community as to the commissions structure, roles and resposibilities, methods, and or guidelines for projects.

I have some experience with applications, fees, planning, zoning regulations, and city municipal codes, from projects I've presented myself as a civilian. 02/05/2025

Item 9.

BID FORM
NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

AVENTINE NEIGHBORHOOD STREET AND SLURRY SEAL IMPROVEMENTS

BID SCHEDULE
Unit prices in each and every case represent the true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein include material, installation and appurtenant work as is necessary to have the item complete in place, and operational, meeting the full intent of the plans and specifications.

It is understood that the basis of award shall be the lowest total price of the sum of the Base Bid Area 1
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE:

BASE BID AREA NO. 1

AVENTINE NEIGHBORHOOD SLURRY AND STREET IMPROVEMENTS
Item
No.

Item Description Est.

Qty.

Unit Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Mobilization/Demobilization 1 LS $ $
2 Best Management BMP’s
(Stormwater & Dust Control) 1 LS $ $
3 Traffic Control 1 LS $ $
4 2” Asphalt Grind & Overlay 216,860 SF $ $
5 Type II REAS Slurry Seal 115,700 SF $ $
6 Remove Existing Speed Humps and Replace
with Type II Speed Humps 4 EA $ $
7 Lower/Adjust Existing Water Valves per COC
Std. W-12 37 EA $ $
Rove Engineering, Inc 10,000.00 10,000.00 13,565.00 13,565.00 47,802.00 47,802.00 2.50 542,150.00 .70 80,990.00 4,500.00 18,000.00 1,145.00 42,365.00

Item 10.
8 Lower/Adjust Sewer Manhole per
COC Std. D-10 23 EA $ $
9 Lower/Adjust Storm Drain Manhole per
COC Std. D-10 2 EA $ $
10 Remove Existing Striping in Slurry Areas 1 LS $ $
11 Install Pavement Markings & Signage per
Plans 1 LS $ $
Total Amount of Base Bid Area No. 1 $
Grand Total of Base Bid Area 1:
(Words)
$
(Figure)
1,285.00 29,555.00 4,440.00 8,880.00 28,910.00 47,802.00 47,802.00 28,910.00 870,019.00 870,019.00 Eight Hundred Seventy Thousand Nineteen Dollars and zero cents

Item 10.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., Director of Public Works/City Engineer SUBJECT: Approve Change Order No. 1 with Rove Engineering, Inc., in the amount of $870,019.00 plus 10% contingency for the Street Improvements within the Aventine Community, City Project No. ST-139
STAFF RECOMMENDATION:
o Authorize the City Manager to execute Change Order #1 in an amount of $870,019.00; and o Authorize appropriations from SB1 Fund (Fund 109) in an amount of $197,627.70 for the Paving and Street Improvements of the Aventine Community, City Project ST-139.

BACKGROUND:

On October 9, 2024, City Council approved the plans and engineer’s estimated and authorized staff to bid the Avenue 52 Pavement Rehabilitation Project. Council also authorized the appropriation of $3,000,000 for the ST-139 2024/2025 Street Improvement project.

On April 23, 2025, City Council approved a contract with Rove Engineering, Inc for the construction of Ave 52 improvements between Tyler Street and Hernandez Street in an amount of $1,996,097. The total project budget including design, construction, survey, materials testing, contingency was approved at $2,240,606.70.

DISCUSSION/ANALYSIS:

Due to the project being awarded at a cost that was well below the appropriated limits for ST-139, City Staff has identified additional streets that could be improved with the remaining appropriated project funding. City staff identified four potential neighborhoods that had the lowest overall PCI ratings based on the Cities adopted Atlas Pavement Management System. Based on this evaluation and a careful consideration of highest community benefit and needs, City Staff determined that the Aventine Community was best suited for rehabilitation with the additional funds at this time.

Item 10.

The Aventine community had been previously improved on the western half of the community but no street improvemtns have been performed in the east half of the community resulting in a community where half the streets had a fair condition and half the streets had a poor condition.

This project proposes to rehabilitate the east half the community with approximately 216,860 square feet of asphalt grind and overlay, and to protect the fair condition streets within the west half of the community by placing a Type II REAS Slurry Seal in an area of about 115,700 square feet. The total cost of the change order work, including all traffic control, manhole adjustments, and other ancillary work is as follows:

Project Item: Project Cost:

Total Project costs for Ave 52 $ 2,240,606.70
Total project costs for Aventine Community $ 870,019.00 10% contingency for Aventine Community work $ 87,002.00 TOTAL ST-139 PROJECT COST: $3,197,627.70
Funding Sources:

General Fund Appropriation $3,000,000.00
SB1 (Fund 109) $197,627.70
FISCAL IMPACT:

There is no new fiscal impact to General Fund with this action, City Council will be approving appropriation and transfer of $197,627.70 from SB1 (Fund 109) to CIP Fund 182. The project will utilize the entire previously appropriated General Fund amount of $3,000,000.

ATTACHMENTS:

1. Bid for Change Order No 1 – ST-139

Item 10.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., Director of Public Works/City Engineer SUBJECT: Approve Cooperative Agreement for El Grito Event between: the City of Coachella, Telemundo and Mexican Consulate in San Bernardino; and approve operation of a beer garden at Rancho Las Flores Park for the 2025 El Grito Event; and approve a professional services agreement to Rhythm Tech Productions LLC, in the amount of $30,564.90 for the installation of the stage. .

STAFF RECOMMENDATION:
 Approve the Cooperative Agreement for El Grito Event between: the City of Coachella, Telemundo and Mexican Consulate in San Bernardino;
 Approve operation of a beer garden at Rancho Las Flores Park for the 2025 El Grito Event; and authorize the City Manager to execute the Cooperative Agreement with a qualified provider.
 Authorize award of a professional services agreement to Rhythm Tech Productions LLC, in the amount of $30,564.90, for the 2024 El Grito event.

EXECUTIVE SUMMARY:

The El Grito event is an annual City event delivered in partnership with the following agencies:

Telemundo and the Mexican Consulate in San Bernardino (Consulate). After meeting with the event partners, staff is recommending the 2025 event date be Sunday, September 14 th from 3pm -
10/11pm at Rancho Las Flores Park. This event draws 15,000-20,000 attendees and hasthe highest attendance of the city’s annual events.

The Cooperative Agreement between Telemundo and the Mexican Consulate identifies the responsibilities of each party. Telemundo secures all live entertainment, solicits all sponsorships, manages the stage day of event, provides a DJ for event, and pays for all advertisement of event; the contribution by Telemundo is estimated at $120,000. Additionally, in past years, Telemundo has reached out to the City and given us an option to provide supplemental funding in order to bring in higher value entertainment. In 2024, the City contributed $10,000 towards the entertainment as a supplemental request. It is understood that Telemundo will seek a high caliber of entertainment options for this event and may solicit the City for supplemental entertainment funds when a full entertainment lineup has been finalized. City staff will review any requests in conjunction with the total approved project budget when needed.

Item 11.

The Consulado coordinates and performs the “El Grito” ceremony and the Mexican Anthem for the event.

The City provides the venue, coordinates and secures food vendors, informational booths, beer garden operator to a Coachella licensed business, provides/develops all event passes, manages parking, provides a minimum of 14 security officers, provides all utilities, develops VIP area and provides VIP food, pays for the stage costs, and provides all youth/kid zone rentals.

As identified in the Cooperative Agreement, the City of Coachella provides for the sound, stage and lighting costs for the event. Staff has solicited informal bids and received the following responses:
1) HV Entertainment $34,500.00
2) Rhythm Tech Productions LLC. $30,564.90
3) A1 Party Rentals $100,282.50
Based on the responses received for the 2025 Fiestas Patrias-El Grito Event sound, stage and lighting services, staff requests authorization to award a professional services agreement to Rhythm Tech Productions LLC, in the amount of $30,564.90.

Staff is recommending approval of this Cooperative Agreement and operation of a beer garden at Rancho Las Flores Park for the 2025 “El Grito” event on September 14, 2025 from 3pm to 11pm.

Staff will work with the City Manager’s office to identify the operator of the beer garden, the security personnel, the youth/kid zone rentals, traffic management, VIP food vendors and other items required per the cooperative agreement. In addition, staff will seek sponsorships to offset stage costs as appropriate.

FISCAL IMPACT:

There is no fiscal impact to the General Fund, the costs identified herein are included in the proposed FY 2025/2026 budget for the El Grito event.

ATTACHMENT:
 Cooperative Agreement

Item 11.
1 UPDATED COOPERATIVE AGREEMENT
This Agreement (“Agreement”) is made as of June 11, 2025 by and between Gulf-California Broadcast Company for KUNA Telemundo 15 and La Poderosa 96.7 (“KUNA-TV-FM”), the City of Coachella (“City”) and the Mexican Consulate (“Consulate”) in reference to the following facts.

RECITALS
A. KUNA-TV-FM is in the business of advertising and promoting special events and festivals; B. The City has approached KUNA-TV-FM to partner in delivering Fiestas Patrias (“Event”) which in 2025 would be held on Sunday, September 14, 2025 at Rancho Las Flores Park, in the City of Coachella, from 3pm to 10pm;
C. The City’s goal for the Event is to promote and enhance the good will and reputation of the City of Coachella, attract visitors to the City and to provide positive cultural education and experience for the residents and visitors to the City; and D. Therefore, the parties have agreed to collaborate with one another in connection with the development, production and promotion of the Event.

WHEREFORE, the parties agree as follows.

AGREEMENT

1. Collaboration. The parties hereby agree to collaborate for the purpose of presenting the Event.

The Event will be held on September 14, 2025. The target attendance is 15,000-20,000 participants, exclusive of event staff, vendors and performers.

2. Contributions By KUNA-TV-FM. KUNA Telemundo 15 and La Poderosa 96.7 will be responsible for performing and sponsoring payment of the following:
a. Arranging for marketing and promotion of the Event:
i. Five week on-air promotion (August 9, 2025 – September 21, 2025)

1. KUNA Telemundo 15
a. 150x – KUNA Telemundo, 30 second shared promos
b. Minimum of 10x – On-Air mentions during the KUNA Noticias newscast at 6pm and 11pm the week leading to the event
c. On air interviews with the City, Consulate or any talent available the week of the event.
d. 35x - Proof of Performance post event spots to air the week after the event

2. La Poderosa 96.7
a. 150x – KUNA-FM, 60 second shared promos
b. 90x – 30 second event promos
c. 375x – Live DJ On-Air Event Mentions
d. Minimum of 1,200 Artist/Event Headliners promoting the event e. On air Interviews during the morning show with the City, Consulate or any talent available the week of the event.

Item 11.
2 f. 35x – Proof of Performance post event spots to air the week after the event

3. Social media and kunamundo.com
a. Frequent KUNA Noticias Telemundo 15 and La Poderosa 96.7 Facebook posts and KUNA Telemundo Instagram,
b. Rotating Leaderboard and rectangle web banners on
kunamundo.com
c. 150x – 60 second shared promos on streaming radio
d. Banner ad on streaming radio
ii. Provided for at Event site and on Event date:

1. KUNA Telemundo and La Poderosa 96.7 hourly Facebook posts and KUNA Telemundo Instagram coverage;

2. News coverage on KUNA Telemundo of event on air at 6pm and 11pm the following Monday on September 16th;

3. One (1), two(2) hour live remote on location from 1pm-3pm;

4. Eight (8) – live onsite mentions on day of event by remote staff;

5. Event Emcees for entire event 3pm-10pm (KUNA Telemundo and La Poderosa 96.7 On-Air Talent).
iii. Total media value of promotional support $80,000.00 iv. Live Entertainment

1. DJ to play in between sets on Event main stage 3pm-10pm

2. Book headliners for the Event commencing at 3pm on Event main stage; a. Headliners will include at least three bands performing for fortyfive (45) minutes each; b. Confirm and provide all headliner requested amenities and Green Room(s);
c. Confirm a local talent band performing for forty-five (45) minutes;
d. Provide Total entertainment value of booking headliners should equal not less than $20,000-$30,000;
e. Develop sponsorship packages;
f. Locating and engaging sponsors for the Event;
g. Locating and engaging a stage sponsor for the Event.

3. Contributions By City. The City will be responsible for performing and paying for the following:
a. Interfacing with all appropriate governmental agencies and facilitating, to the extent reasonably possible, required for the Event to be held lawfully (Fire Department, ABC License and Health Department Permit) and approvals which are required for the Event to be held lawfully as it pertains to beer and food sales; b. Provide youth activities and kid zone rentals;
c. Selecting and providing in-kind services for the following needs: parking attendants, sanitation, solid waste, and first aid;
d. Provide Utilities (water, power, greywater) as needed for Event;

Item 11.
3 e. Furnish all public safety, traffic control services needed for Event; f. Arrange for all components of Event parking;
g. Furnish rentals for Food Vendor Booths and VIP Area; h. Provide food and beverages for VIP area;
i. Manage and secure all food vendor booth entries
j. Provide for stage and sound costs after sponsorship contributions are applied to the aggregate stage and sound expenses.
k. Selecting and contracting for security personnel for Event Beer Garden, Event Venue – personnel minimum 14;
l. Selecting and contracting for beer garden supplies and sales; m. VIP/Vendor event passes and VIP/Vendor/Artist parking passes

4. Contributions by the Mexican Consulate San Bernardino Office. The Consulate will be responsible for the following:
a. Perform “El Grito” Ceremony on September 14, 2025;
b. Arrange performance of Mexican Anthem.

5. Event Location. The location of the Event will be the Rancho Las Flores Park, in the City of Coachella, commencing at 3pm and ending at 10pm.

6. Default. In the event that one party believes the other party is in breach of this Agreement, written notice thereof will be delivered to that party who will have 30 days within which to cure the default. If the default is not cured in a timely manner, the party who served the notice may terminate the Agreement and recover any damages incurred; provided, however, no Event may be cancelled within three (3) months of the date of the Event for any reason.

7. Indemnity. The City will indemnify, defend and hold harmless the Telemundo, Consulate and their officers, directors, members, managers, agents and owners, of and from all liability, expense, injury, damage, judgement, award, attorney’s fees or costs, arising from or related to any breach of this Agreement by, or any act or omission of, the City. Telemundo will indemnify, defend and hold harmless the City, Consulate and their officers, directors, members, managers, agents and owners, of and from all liability, expense, injury, damage, judgement, award, attorney’s fees or costs, arising from or related to any breach of this Agreement by, or any act or omission of, Telemundo. The Consulate will indemnify, defend and hold harmless Telemundo, and City and their officers, directors, members, managers, agents and owners, of and from all liability, expense, injury, damage, judgement, award, attorney’s fees or costs, arising from or related to any breach of this Agreement by, or any act or omission of, the Consulate.

8. Sole Responsibility. Each Party acknowledges that it is solely responsible for any obligations it assumes or debts it incurs to third parties in the performance of the Agreement. Each Party will include in any agreements it enters into with third parties with respect to this Event that the Party is solely responsible for any failure to perform.

9. California Law. This Agreement shall be enforced and interpreted in accordance with the laws of the State of California.

10. Arbitration of Disputes. All disputes arising under or related to this Agreement will be decided by binding arbitration to take place in San Bernardino County before a mutually agreeable retired judge whose decision will be final and binding. The initial expense of the arbitration will

Item 11.
4 be split evenly but will be a recoverable cost to the prevailing party. The prevailing party in any such arbitration, or in any court action between the parties, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs.

11. Binding on Successors. This Agreement will be binding on and inure to the benefit of the parties and their respective successors, transferees, assignees, representatives, and all like persons.

12. Amendments. No purported alteration, modification, or amendment of this Agreement will be valid or binding, to any degree or at all, unless and until it is reduced to writing and signed by all parties.

13. Entire Agreement. This document contains the sole, entire, and exclusive Agreement between the parties on any subject. There are no prior or contemporaneous promises, understandings, agreements, representations, inducements, or warranties made by one party hereof to the other party except for those expressly contained within this Agreement.

14. Notices. Any notices required or permitted to be given under this Agreement shall be served by personal delivery or by fax or email as follows:

If to City: City of Coachella
Attention: City Manager
53-990 Enterprise Way
Coachella, CA 92236
If to Telemundo:

Attention: General Sales Manager, KUNA
31276 Dunham Way
Thousand Palms, CA 92276
If to Mexican Consulate:

Attention: Head Consul
293 N. D Street
San Bernardino, CA 92401

15. Counterparts. This Agreement may be executed in three counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [Signatures on following page]

Item 11.
5 Wherefore, This Agreement is made of the date first written above.

City of Coachella
By: ____________________________________
William Pattison, City Manager
Approved as to Form:

By: ___________________________________
Best Best & Krieger LLP, City Attorney
Gulf-California Broadcast Company for KUNA Telemundo 15 and La Poderosa 96.7 By: ____________________________________
Celeste Gonzalez, General Sales Manager-KUNA
Mexican Consulate, San Bernardino
By: ____________________________________

Item 11.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Approve a Professional Services Agreement between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for Fiscal Year 2025-2026 in the Amount of $53,500__
STAFF RECOMMENDATION:

Staff recommends that the City Council consider approving a Professional Services Agreement between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for fiscal year 2025-2026 in the amount of $53,500.

BACKGROUND:

The City of Coachella has partnered with the Greater Coachella Valley Chamber of Commerce (Chamber), as a private business support organization within the City to provide professional services. The City renews the service agreement annually with the Chamber, which commemorates the services the Chamber will provide to the City each fiscal year. These services include supporting the City’s economic development efforts by providing: business services, various community and city events, and further development of Coachella’s tourism market.

DISCUSSION:

The budget and the services identified in the attached professional services agreement total $53,500. The services described in the proposed 2025-2026 Agreement include the following services and final costs to the City after any available revenues are deducted per service/event:
 Business Support Services - $6,000
 Support updates to Chamber materials and resources to include Spanish business resources and education.
 Support Industry Roundtable meetings hosted at the Chamber for local industry and business development.
 The introduction of business education conducted in Spanish.

Item 12.
 State of the City/Business Awards - $12,000
 Chamber will organize and manage: Business Expo; ticket sales/sponsors, and business awards.
 Holiday Parade - $500
 Provide drivers for dignitary cars.
 Coachella Tacos, Tequila, and Chavelas Festival - $15,000  Provide stipend and monetary prizes to participating businesses. Provide and staff ticketing for both presale and door entry tickets.
 Visitor Center - $20,000
 This would be the visitors center as we’ve been running it with some reduced hours.

We would also be able to partner with the city in selling city merchandise to promote the city. The chamber would create a page where it could be purchased online or in person.
 Bi-Annual Job and Education Fair - $15,000 (this cost is waived for FY 25-26)  The Greater Coachella Valley Chamber of Commerce is proposing a biannual Job and Education Fair in partnership with the City of Coachella to connect local residents with career, training, and higher education opportunities. Held twice a year, the event will bring together employers, trade schools, colleges, and workforce development organizations to support economic mobility and community growth. This initiative aims to strengthen Coachella’s workforce pipeline while providing valuable resources for both job seekers and students.

Total Contract Amount: $53,500
FISCAL IMPACT:

The contract amount of $53,500 will be included in the FY 2025-2026 budget presentation.

ATTACHMENT(S):

1. 2025-2026 Professional Services Agreement

Item 12.
-1- PROFESSIONAL SERVICES AGREEMENT

CITY OF COACHELLA

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, County of Riverside, State of California ("City") and THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE, a CORPORATION, with its principal place of business at 45149 SMURR STREET, SUITE A, INDIO, CA 92201 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional services for the BUSINESS AND SPECIAL EVENT SUPPORT SERVICES project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional BUSINESS SUPPORT consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" and Exhibit “B” 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.
a. The Chamber shall a. Proactively represent the City of Coachella to potential business and industry which will add to the tax base of the City. b. Encourage tourist interest in Coachella and promote tourism through the Visitor Center with destination visitors and local residents. The Chamber will provide visitor information

Item 12.
-2- PROFESSIONAL SERVICES AGREEMENT
services for the benefit of its residents as well as all business, retail, restaurant, hotel and other related establishments.
c. Establish, coordinate and operate various "Business Services and Events, Tourism and Cultural Activities" including business development, Tourism Events, and Cultural Celebrations as described in Exhibit "A", attached hereto and incorporated herein by this reference. d. Provide quarterly reports to the City Council on economic development and Chamber activities

3.2 Purpose
a. The purpose of this agreement is to enter into a partnership between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for the purpose of undertaking the planning and implementation of economic development, marketing and business development services and providing assistance to retain business and generally strengthen and expand the business climate and economic opportunities in the City of Coachella.
b. The City will provide such assistance and guidance as may be required to support the objective set forth in this Agreement and will provide the funding and in-kind services for the services and activities set forth in this agreement. c. The Chamber will provide professional and qualified staff and volunteers that will work to disseminate appropriate information to existing and prospective businesses and community members and operate within agreed upon hours.

3.2.1 Term. The term of this Agreement shall be from JULY 1, 2025 to JUNE 30, 2026, 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.

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

3.3 Compensation.

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 FIFTY THREE THOUSAND FIVE HUNDRED DOLLARS ($53,500) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to 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

Item 12.
-3- PROFESSIONAL SERVICES AGREEMENT
making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 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 the City.

3.4 Responsibilities of Consultant.

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

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.4.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.4.4 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:

BRANDON MARLEY, PRESIDENT + CEO.

Item 12.
-4- PROFESSIONAL SERVICES AGREEMENT

3.4.5 City's Representative. The City hereby designates its CITY MANAGER, 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.

3.4.6 Consultant's Representative. Consultant hereby designates BRANDON MARLEY, PRESIDENT + CEO, 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.

3.4.7 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.

3.4.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its 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.

3.4.9 Period of Performance.

3.4.9.1 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

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Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.4.9.2 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.

3.4.9.3 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.

3.4.10 Laws and Regulations; Employee/Labor Certification.

3.4.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.4.10.2 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.

3.4.10.3 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

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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.4.10.4 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.

3.4.10.5 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.

3.4.10.6 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.

3.4.11 Insurance.

3.4.11.1 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.

3.4.11.2 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.

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(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.4.11.3 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. (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.

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(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.4.11.4 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.

3.4.11.5 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.

3.4.11.6 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.

3.4.11.7 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.

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3.4.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.4.11.9 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.

3.4.11.10 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.

3.4.11.11 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.

3.4.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional

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insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.5 Labor Code Requirements.

3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 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.

3.5.2 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.

3.5.3 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

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or any subconsultant.

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

3.6 Termination of Agreement.

3.6.1.1 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.

3.6.1.2 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.

3.6.1.3 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.

3.7 Indemnification.

3.7.1 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.

3.7.2 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

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arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.8 General Provisions.

3.8.1 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.

3.8.2 Independent Contractors and Subcontracting.

3.8.2.1 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.

3.8.2.2 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.

3.8.3 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: THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE 45149 Smurr Street
Indio, CA 92201
ATTN: Brandon Marley, President + CEO
City: CITY OF COACHELLA
53990 Enterprise Way
Coachella, CA 92236
ATTN: City Manager

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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.

3.8.4 Ownership of Materials and Confidentiality.

3.8.4.1 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.

3.8.4.2 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.

3.8.4.3 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

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or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.8.4.4 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.

3.8.4.5 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.

3.8.4.6 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.

3.8.5 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.

3.8.6 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.

3.8.7 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

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reasonable attorneys’ fees and all costs of such action.

3.8.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

3.8.12 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.

3.8.13 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.

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

3.8.15 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.

Item 12.
-16- PROFESSIONAL SERVICES AGREEMENT

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

3.8.17 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.

3.8.18 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.

3.8.19 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.

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

3.8.21 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. [SIGNATURES ON NEXT PAGE]

Item 12.
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA AND

THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
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 THE GREATER COACHELLA VALLEY

CHAMBER OF COMMERCE
By:

Its: President and CEO
Printed Name: Brandon Marley
Approved By:

CITY MANAGER
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
_______________________________
City Clerk

Item 12.

Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
Business Services, Events, Cultural Activities, and Tourism [BUSINESS SERVICES]
 The GCVCC shall be a business advocate by promoting the economic interests of the City through advocacy and business marketing.
 Visitor Center - Direct, staff and run the City's Visitor Center. Hours of operation are Wednesday through Friday, 10:00 AM to 3:00 PM. Closed for lunch 12:00 PM to 12:30 PM.

Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, when possible.
 Business Referral Network- The Chamber will continue to maintain a database of its member businesses in the City of Coachella, and expand upon it by engaging outreach to non-member and member businesses alike to regularly acquire contact information for local businesses.
 Provide information about Economic Development opportunities, programs and resources.  Housing Information - Supply and make on hand information from the City and local property management companies information regarding local housing.  Business License Information - Supply and make on hand information from the City regarding acquiring business license.
 Public Outreach - Supply and make on hand information from the City regarding General Plan, City Business Initiatives/Programs.
 Digital Campaigns - Support Local Restaurant, Hospitality or Other Relevant Business, to include social media and other digital platforms.
[EVENTS]
 Coachella State of the City and Business Awards Gala - Plan, Market and Execute event on behalf of the City. City will offer input and guidance on event agenda, working in cooperation with the Mayor of Coachella. Chamber will provide stage platform with shade tent. Chamber will retain operational control, including purchasing decisions, price points and revenues.  Support the City's Holiday Christmas Parade -Assist City staff with sourcing twelve (12) drivers for the Annual Holiday Parade.
 Tacos and Tequila Festival - Plan, cross-promote, and execute the event. The Chamber and City will collaboratively agree on admission pricing. The City may reduce admission pricing to the public if it is agreeable to subsidizing the difference. The Chamber will coordinate ten to twelve (10-12) vendors, prize money, permits, insurance, ticketing, security, facilitate judging process and county health permits. Chamber retains all revenue from ticket and group (sponsorship) sales with the ability to set admission rates.  Biannual Job & Education Fair – The Chamber and the City will work collaboratively on securing a venue such as the Library where this flagship event could be held.

Item 12.

Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT
[CULTURAL ACTIVITIES]
 Promote the City's Movies in the Park Program - Utilize marketing avenues to raise public awareness.
 Promote the City's Day of the Young Child Event - Utilize marketing avenues to raise public awareness.
 Promote the Run with Los Muertos Event - Utilize marketing avenues to raise public awareness.
[TOURISM]
 Work with City to develop and propose new Tourism events  Support the City's Tourism Outreach for local events and businesses through the Visitor Center and marketing outlets.
 Support the City's Mexicali Sister City Agreement
*City shall provide financial support and/or in-kind services for all special events from entities such as Fire, Police, and Public Works, City Streets and Parks where applicable.

Item 12.

Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"

SCHEDULE OF SERVICES
[VISITOR CENTER]
The GCVCC will staff a full-service Visitor Center for residents and non-residents looking to connect with City of Coachella businesses. The Visitor Center is a resource hub for referrals to local businesses, community events, opportunities, City services, Consulate services, and Chamber resources.

Deliverables
 The Visitor Center is accessible in person or by phone accommodating English and Spanish speaking population.
 The Visitor Center will be staffed Wednesday - Friday, 10 AM – 3:00 PM. Offices may be closed on the few occasions that the Chamber is hosting a special event and daily for lunch from 12:00 PM – 12:30 PM. Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, when possible.  GCVCC will respond to visitor inquiries (phone calls, emails, and social media queries) within a reasonable amount of time, no later than 48 hours business hours after the initial inquiry.
 GCVCC will use the Visitor Center to promote City news and to disseminate favorable information about the City promoting its qualities, advantages, and opportunities.  GCVCC will maintain an inventory of brochures, maps, and handouts as resource guides to walk in traffic. Additionally, local businesses will be able to advertise their businesses by displaying information at the visitor's center.
 The Visitor Center will connect local workforce and aspiring entrepreneurs with information on professional resources, education, and services.  Newly hired GCVCC Staff will complete Team GPS training in effort to ensure that all staff is knowledgeable and trained as professional brand ambassadors  Community Volunteers will be recruited & professionally trained to be knowledgeable ambassadors of Coachella resources. These volunteers may serve to represent the tourism office at its physical location.

Rate: $20,000
[BUSINESS SUPPORT SERVICES]
The GCVCC will host and produce resources to support entrepreneurial interests, professional development and development for business, workforce and industry. The Chamber will serve the local business community by producing resources, listening sessions, workshops, education, and networking/marketing opportunities. As the City's go-to resource for all things business, the Chamber will act as an extension of the City's Economic Development team. And, will further plan, coordinate, and foster regular and ongoing business engagement with the local business community through site visits, “connection” calls, business surveying, resource guides, and strategic communications.

Item 12.

Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT
Deliverables
 The Chamber shall have an onsite business support center providing informational resources of particular interest to the business community, is open during the following hours of operation: Tuesday - Friday, 9 AM – 4:00 PM. Offices may be closed on the few occasions that the Chamber is hosting a special event and daily for lunch 12:00 PM – 1:00 PM. Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, if possible.
 The Chamber will also provide digital resources and make them available when applicable.
 The Chamber shall respond to all requests and/or referrals regarding new or existing business that require assistance. All queries will be responded to within 48 business hours.
 The Chamber shall make outreach to new businesses who have begun to do business in the City of Coachella (if/as the City provides a list of newly licensed businesses) monthly.
 The Chamber shall act as liaison of the city with other business groups (e.g. the Small Business Development Corporation, SCORE, the Coachella Valley Enterprise Zone, etc.)
 The Chamber will offer a business education series in person or via zoom in both English and Spanish. This includes introduction to doing business in Coachella.  The Chamber shall provide assistance, direction, and resources to new and existing businesses as requested.
 The Chamber will organize monthly business walks in partnership with the City to facilitate on-going communication and relationship building among our business community. City walk data to be captured and shared with the City for trends, insights, and business feedback.
 The Chamber will host periodic surveys and outreach to niche industry offering data sharing insights to the City staff.
 Support updates to Chamber materials and resources to include Spanish business resources and education
 Support Industry Roundtable meetings hosted at the Chamber for local industry and business development. This includes the convening of CBO's for improved coordination and deployment of services through the City of Coachella.

Rate: $6,000

SPECIAL EVENTS
[STATE OF THE CITY EVENT]
The Greater Coachella Valley Chamber of Commerce has historically produced an annual State of the City event with sponsorship from the City of Coachella. As the format, festivity and production of special events continues to evolve, the Chamber aims to offer the City of Coachella a basic event package with upgrade opportunities to enhance the event's design.

Event planning will include:

Item 12.

Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT
 Pre-arranged check in meetings
 Enhancement/Upgrade Options
 Potential rate adjustments due to inflation
Base Package Includes:
 Event Planning, Coordination, & Day of Event Production  Vendor Coordination & Management
 Graphic Design & Invitation Design (does not include printed invitations)  Standard Marketing through Chamber Network
 Invitation & Registration Management
 Breakfast or Luncheon Event
 Business Awards
 Basic Stage Design (podium, microphone, flag display, & foliage) The base package does not include printed invitations. Standard marketing efforts through the Chambers’ network is limited to-blasts, calendar invitations, web listings, and social media sharing. The base package accounts for a morning or mid-day event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus. Stage design is limited to a podium, microphone, flag display, and foliage. The base package may be further customized with additions or upgrades to the City's liking. Upgrades, additions, or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued.

Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancement, special arrangements for outdoor accommodations, upgraded dining, and paid advertising.

Rate: $12,000
[BIANNUAL JOB & EDUCATION FAIR]
The Greater Coachella Valley Chamber of Commerce will host biannual Job and Education Fairs in partnership with the City of Coachella, to connect local residents with career, training, and higher education opportunities. Held twice a year, the event will bring together employers, trade schools, colleges, and workforce development organizations to support economic mobility and community growth. This initiative aims to strengthen Coachella’s workforce pipeline while providing valuable resources for both job seekers and students.

Rate: $15,000 (The rate is waived to $0.00 for FY 25-26)

Item 12.

Exhibit “B”-4 PROFESSIONAL SERVICES AGREEMENT
[TACOS, TEQUILA, & CHAVELAS EVENT]
The Chamber will plan, coordinate, market and execute this special event designed to help entrepreneurs and small business operators connect with the local community. The event will provide participating restaurants/caterers with tools to help them market themselves and to connect local residents with these local businesses.

Deliverables:
 The Chamber will secure local food vendors' participation with a stipend of $500 - $750 for participants providing food samples.
 The Chamber will market and promote the event using its internal and digital marketing resources.
 The Chamber will provide up to $6,000 in total prizes to the top three winners  The Chamber will provide ticketing and registration infrastructure  The Chamber will plan, coordinate and oversee the day of execution of the event with the partnership and support of City staff. Specifically, the Chamber will take primary responsibility for vendors, prize money, permits, insurance, ticketing, security, and facilitating county health permits. Chamber retains all revenue from ticket and any business sponsorships.
 Note, increase in overall rate is to lower entry ticket price from $25/$30 (without and with drink) to $20 per attendee. This is to create a more affordable way for attendees to enjoy and experience the evet and local businesses.

Rate: $15,000
[ANNUAL HOLIDAY PARADE]
The Chamber will help support this City event by providing twelve (12) volunteer drivers and general promotion and marketing of the event.

Deliverables:
 The Chamber will help support this City event by providing twelve (12) volunteer drivers for the parade, to accommodate City Council and staff.

Rate: $500
[REPORTS AND INFORMATION]
The Chamber shall at such time and in such form as the City may require, furnish the City periodic reports, including an accounting for the expenditures of the City funds, as it may request pertaining to the services rendered pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, or for any other matters covered by this agreement.

Item 12.

Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"

COMPENSATION AND RATES OF SERVICES
Visitor Center.............................................................................................$20,000 Business Support Services ........................................................................$6,000 State of the City/Business Awards .............................................................$12,000 Holiday Parade ..........................................................................................$500 Tacos, Tequilas & Chavelas Festival .........................................................$15,000 Biannual Job & Education Fair...................................................................($15,000)* TOTAL .......................................................................................................$53,500 *The cost of the Biannual Job & Education Fair is waived for FY 25-26 As consideration for the services provided, the City will compensate the Chamber the sum of $13,375 on a quarterly basis (disbursed in August 2025, November 2025, February 2026, May 2026), for a total amount of $53,500.

Item 12.

TO: Honorable Mayor and City Council
FROM: Best Best & Krieger LLP, City Attorney
SUBJECT: Appointment of William Pattison as City Manager, Approving an Employment Agreement with Mr. Pattison and Adopting Resolution No. 2025-33

STAFF RECOMMENDATION
Staff recommends that the City Council consider approving the following items:

1. City Manager Employment Agreement with William Pattison.

2. Resolution Appointing City Manager, Approving Employment Contract and Setting City Manager Compensation.

DISCUSSION/ANALYSIS
The City has been seeking a permanent City Manager for several months. After an extensive recruitment and interview process conducted by the City Council, the City Council directed that an employment agreement be negotiated with its chosen candidate, William Pattison, and be brought back for consideration and approval. Mr. Pattison has agreed to serve as City Manager.

Mr. Pattison offers over 30 years of city management experience, including prior employment with the City from which he retired at the end of 2020. He subsequently served as City Manager on an interim basis and as the interim Finance Director. Most recently, on January 22, 2025, Mr.

Pattison was appointed the Acting City Manager and then, in February 2025, as Interim City Manager. Mr. Pattison has the specialized skills necessary to perform the duties of City Manager.

With the approval of this item, Mr. Pattison will be appointed the City Manager and employed pursuant to the terms and conditions contained in the attached City Manager Employment Agreement. Mr. Pattison will be an at-will employee during the term of his Employment Agreement, serving at the pleasure of the City Council.

Key terms of the Employment Agreement include:
• Annual salary of $299,000.
• Vehicle allowance of $500 per month.

STAFF REPORT
June 11, 2025

Item 13.
• Annual contribution to a 401(a) qualified pension plan in an amount equal to 5% of the City’s Manager’s annual base salary.
• An initial one-year term with one additional two-year term extension. • The City Manager’s performance will be reviewed no less than annually.

Upon approval, Mr. Pattison will commence his service on June 12, 2025.

Included in the Council’s agenda packet is the proposed Employment Agreement and the resolution to appoint William Pattison as City Manager.

FISCAL IMPACT
Sufficient funds for the salary and benefits proposed are included in the Fiscal Year 2024/2025 budget.

ALTERNATIVES
Council may provide additional alternatives.

ATTACHMENTS:

1. City Manager Employment Agreement with William Pattison.

2. Resolution Appointing City Manager, Approving Employment Contract and Setting City Manager Compensation.

Item 13.

RESOLUTION NO. 2025-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA APPOINTING CITY MANAGER,

APPROVING EMPLOYMENT CONTRACT AND SETTING CITY

MANAGER COMPENSATION
WHEREAS, the City of Coachella (“City”) has undertaken a recruitment process for the position of City Manager and has negotiated a mutually acceptable employment agreement with its chosen candidate, William Pattison, to fill the position of City Manager; and WHEREAS, the City wishes to appoint Mr. Pattison as its City Manager, effective June 12, 2025;

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

SECTION 1. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. The City Council hereby appoints Mr. William Pattison as City Manager, effective June 12, 2025.

SECTION 3. The employment agreement between the City and William Pattison, substantially in the form attached hereto, is approved, and the Mayor is hereby authorized to execute it on behalf of the City. The City Attorney is authorized to make further amendments to the agreement to make technical corrections and comply with applicable laws.

SECTION 4. The salary and terms negotiated and established in the attached employment agreement are hereby established as the compensation for the City Manager position in compliance with the City’s Municipal Code section 2.12.060.

SECTION 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

PASSED, APPROVED and ADOPTED this 11th day of June, 2025. ___________________________________
Steven A. Hernandez
Mayor

Item 13.

Resolution No. 2025-33

ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney

Item 13.

Resolution No. 2025-33

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-33 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 11th day of June 2025, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 13.
80237.00000\43856808.1

CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF COACHELLA AND WILLIAM PATTISON
This AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into between WILLIAM PATTISON (hereinafter referred to as “City Manager”) and the CITY OF COACHELLA, a municipal corporation of the State of California (hereinafter referred to as “City”), in order to provide, in writing, the terms and conditions for management services by the City Manager of City. It is effective as of June 12, 2025 (the “Effective Date”). City and City Manager are sometimes referred to herein individually as “Party” and collectively as “Parties.”

RECITALS
(1) The City requires the services of a City Manager, and the City Council of the City (“City Council”) desires to employ the City Manager in that position. (2) The City Manager has the necessary education, experience, skills, and expertise to serve as the City’s City Manager.
(3) The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code Section 53260, et seq. (4) In consideration of these recitals and the performance by the Parties of the promises, covenants, and conditions herein contained, the Parties agree as provided in this Agreement.

TERMS
NOW, THEREFORE, the Parties hereto agree as follows:

1. Employment
The City hereby agrees to employ the City Manager, and the City Manager agrees and does accept employment upon the terms and conditions set forth herein.

2. Duties and Obligations of City Manager
A. The City Manager hereby agrees to perform the functions and duties of City Manager, as specified in the City’s ordinances, the City’s municipal code (“Municipal Code”), City policies and procedures approved by the City Council, and in state law, and to perform such other duties and functions as the City Council shall from time to time assign. Specifically, the City Manager is obligated to know and execute the duties and responsibilities of the City Manager as set forth in section 2.12 of the Municipal Code, and perform his duties consistent with the Code of Ethics set forth in section 2.64 of the Municipal Code. The City Manager further agrees to perform all such functions and duties to the best of his ability and in an efficient and competent manner.

B. The City Council shall also designate the City Manager as the executive director, general manager or similar title of other City-related legal entities. Such other legal entities

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80237.00000\43856808.1 2 of 11
include the City’s financing authorities and utility agencies and could include certain joint powers authorities when applicable.

C. The City Manager is a full-time exempt employee, but is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager’s position.

The City Manager does not have set hours of work, as the City Manager is expected to be available at all times. It is recognized that the City Manager must devote a great deal of time to the business of the City outside of the City’s customary office hours, and to that end the City Manager’s schedule of work each day and week shall vary in accordance with the work required to be performed. The City Manager shall spend sufficient hours on site to perform the City Manager’s duties; however, the City Manager has discretion over the City Manager’s work schedule and work location.

D. The Parties mutually desire that the City Manager be subject to and comply with the International City Management Association (“ICMA”) Code of Ethics. The City Manager commits to comply with the ICMA Code of Ethics.

E. The City Manager shall administer and enforce policies established by the City Council, and promulgate rules and regulations as necessary to implement City Council policies.

F. The City Manager shall attend all meetings of the City Council, unless excused.

The Mayor shall have the authority on behalf of the City Council to excuse the City Manager from meetings. The City Manager shall also take part in the discussion of all matters before the City Council during meetings he attends, and the City Manager shall receive notice of all regular and special meetings of the City Council.

G. Consistent with the Municipal Code, state law and the City Council Manual of Procedures, the City Manager shall review all agenda documents before preparing the agenda for any regular or special meetings of the City Council.

H. The City Manager shall direct the work of all elective and appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council.

I. The City Manager will focus his professional time, ability, and attention to City business during the term of this Agreement. The City Manager shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of Council, except that:
(1) The expenditure of reasonable amounts of time not in conflict with the City’s needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. (2) This Agreement shall not be interpreted to prohibit the City Manager from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement.

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80237.00000\43856808.1 3 of 11
J. All data, studies, reports and other documents prepared by the City Manager while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use.

K. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to the City Manager in connection with the performance of this Agreement shall be held confidential by the City Manager. Such materials shall not, without the prior written consent of the Council, be used by the City Manager for any purposes other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.

3. General Obligations of the City
A. The City shall, as outlined within this Agreement, provide the City Manager with staff, office equipment, supplies, automobile allowance, and all other facilities and services reasonably determined by the City Council to be necessary for the performance of the City Manager’s duties and within the City’s budget constraints.

B. The City Council recognizes that to meet the challenges facing the City they must exercise decisive policy leadership. As one step in carrying out this leadership responsibility, the City Council commits within the City’s budget constraints to spend time each year outside of regular City Council meetings to work with the City Manager and staff on setting goals and priorities for the City government, and to work on issues that may be inhibiting the maximal achievement of City goals.

C. The City Council agrees that any criticism of a City staff member shall be done privately through the City Manager.

4. Salary
The City Manager’s base salary shall be two hundred and ninety nine thousand dollars ($299,000) per fiscal year, subject to any and all legally necessary taxes and holdings.

Based on the City Manager’s annual performance evaluation, at the discretion of the City Council, the City Manager may be awarded a yearly cost of living allowance (“COLA”) in an amount not to exceed seven percent (7%). Any COLA granted by the City Council shall be added to the City Manager’s base salary.

The City Manager’s salary shall be payable in installments at the same time as other employees of the City are paid. Any increase in salary must be expressly memorialized by written amendment.

5. Benefits
A. Administrative Leave. Beginning on the first full pay period after the Effective Date of this Agreement and continuing each year thereafter, the City Manager shall begin accruing administrative leave in the total annual amount of one hundred and sixty (160) hours,

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80237.00000\43856808.1 4 of 11
which shall accrue in equal amounts per pay period. Administrative leave may be used at the City Manager’s discretion, subject to the fulfillment of his duties. The City Manager shall be granted sixty-two (62) hours of administrative leave on the first full pay period after the Effective Date of this Agreement.

B. Vacation. Beginning on the first full pay period after the Effective Date of this Agreement and continuing each year thereafter, the City Manager shall begin accruing vacation in the total annual amount of two hundred fifty (250) hours, which shall accrue in equal amounts per pay period. The City Manager shall be granted ninety-seven (97) vacation hours on the first full pay period after the Effective Date of this Agreement.

C. Automobile Allowance. The City shall pay City Manager an automobile allowance in exchange for the City Manager securing a personal vehicle to be used for City business or functions during, before, and after normal work hours. The automobile allowance shall be five hundred dollars ($500) per month. The City Manager shall be responsible for the costs of operation, repair, maintenance, and liability, property damage and comprehensive insurance for such personal vehicle. By the City Manager making the City Manager’s personal automobile available for use, the City Manager is not precluded from using City vehicles for City business during, before, and after the normal workday on occasion, when appropriate.

D. ICMA Dues/ Other Professional Development. The City agrees to budget and pay the City Manager’s annual dues for membership in ICMA. In addition, the City agrees, subject to the City’s budget constraints and advance approval of Council, to pay expenses and allow City time for the following: (1) conference and meeting attendance and selected training opportunities, including, but not limited to, those associated with ICMA, the League of California Cities, and other national, state, regional and/or local associations and organizations necessary and desirable for the good of the City and for the City Manager’s continued professional development; (2) professional dues and subscriptions on behalf of the City Manager which are necessary for the City Manager’s continuation and full participation in national, state, regional or local associations and organizations, including civic clubs or organization, necessary and desirable for the good of the City and for the City Manager’s continued professional development; and (3) travel and subsistence expenses of the City Manager to pursue official and other functions for the City, including, but not limited to, national, state, regional and/or local associations and organizations necessary and desirable for the good of the City and for the City Manager’s continued professional development
E. Business Expenses. Within the City’s budget constraints and subject to adopted City policies, the City shall pay for or provide the City Manager reasonable reimbursement for all actual and necessary business expenses.

F. Limitations on CalPERS Contributions / Other Retirement. The City Manager expressly agrees that he shall pay the full employee share of his CalPERS pension contribution, regardless of any agreement or benefit level provided to other employees at the City. The City Manager also expressly agrees to pay 2% of the City’s share of his CalPERS pension contribution, regardless of any agreement or benefit level provided to other employees at the City. The City will adopt and establish a qualified pension plan pursuant to Section 401(a) of the Internal Revenue Code for the benefit of the City Manager (or some other plan as allowed by

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law) and will annually contribute into the qualified plan account, in the City Manager’s name, an amount equal to five percent (5%) of City Manager’s annual base salary, with such contribution being made in equal monthly installments. The City shall be responsible for all expenses associated with the Section 401(a) plan (or other applicable plan) account during the term of the Agreement, including but not limited to administrative services fees and commissions.

G. All Other Benefits. With the exception of such benefits as outlined specifically in this Section, the City shall provide the City Manager with other benefits, including but not limited to medical, disability, and retirement benefits, consistent with those benefits provided to the City’s other executive-level employees.

6. Term
A. Initial Term. Subject to the termination provisions in Section 7 of this Agreement, the term of this Agreement shall commence on the Effective Date and shall continue for one (1) year thereafter (“Initial Term”).

B. Succeeding Term. At the conclusion of the Initial Term, this Agreement shall automatically renew for an additional two-year term (the “Succeeding Term”). If the City Council does not want to enter into the Succeeding Term, it must provide the City Manager written notice of its intent not to renew at least thirty (30) calendar days before the completion of the Initial Term. Without such notice, the Succeeding Term will automatically begin upon the completion of the Initial Term.

Other than the Succeeding Term, no other automatic term renewal is available under this Agreement.

7. Termination of Agreement and Severance Pay
A. At-Will. Except as provided in Sections 7(C)(2) and 6(B), the Parties hereby expressly agree that the employment relationship established by this Agreement is at-will and that the City Manager shall serve at the will and pleasure of the City Council. Nothing in this Agreement, any statute, ordinance, or rule shall interfere with Council’s right to terminate City Manager, without cause or right of appeal or grievance. City Manager agrees that this Agreement sets forth the only terms and conditions applicable to the termination of his employment and that the provisions of Section 2.12. of the Coachella Municipal Code are not applicable to City Manager, and he hereby waives any rights he would otherwise have thereunder.

B. Automatic Termination. This Agreement, and City Manager’s employment, shall automatically terminate, and the City Manager shall not be entitled to any Severance Payment, upon the happening of any of the following events:
(1) Upon mutual agreement in writing by both Parties to terminate this Agreement.
(2) Upon forty-five (45) days’ notice of resignation given to City by the City Manager.

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(3) Upon retirement from full-time public service with the City pursuant to applicable PERS laws, rules and regulations. If the City Manager retires, the City Manager may provide six (6) months’ advance notice. The City Manager’s actual retirement date will be mutually established.
(4) Upon the death of the City Manager.
(5) When the City Manager has been unable to perform all or substantially all of the essential functions of his position, with or without reasonable accommodation, due to illness, disability, or unavailability for whatever reason for a period of three (3) months. (6) At the conclusion of the Succeeding Term.

C. Termination With or Without Cause. This Agreement, and City Manager’s employment, may be terminated without prior notice at any time, with or without cause, by the Council by motion carried by a simple majority of its members. (1) Without Cause - Severance. The City Council may terminate City Manager at any time, regardless of his ability to perform his duties, upon payment of a severance equal to the lesser of: (1) payment equal to twelve (12) months of the City Manager’s then applicable base salary; or (2) payment equal to the unexpired Term of this Agreement as described in Section 6 above (“Severance Payment”). City shall also provide Employee reimbursement for the costs of Employee’s COBRA health insurance premiums for three (3) months following Employee’s termination or until Employee finds other employment, whichever occurs first (“COBRA Reimbursement”). The COBRA Reimbursement amount shall not exceed the amount paid for Employee’s health insurance premiums at the time of his termination. The Severance Payment and COBRA Reimbursement are contingent upon the City Manager executing a release of a waiver and release of any and all of the City Manager’s claims against the City, its Councilmembers, officers, and employees, and a covenant not to sue any of those parties, in a form acceptable to the City. If the City Manager fails or refuses to provide the City with a release of liability, the Council may release the City Manager without cause without Severance Payment or COBRA Reimbursement.

The Parties intend this provision to comply with California Government Code Section 53260, which limits severance benefits to an amount equal to the City Manager’s monthly salary multiplied by the number of months remaining on the unexpired term of the Agreement. The parties also intend this term to comply with the provisions of California Government Code Section 53261, which limits health benefits, which may be continued for a maximum number of months remaining on the unexpired term of the Agreement or until the City Manager finds other employment (whichever occurs first).

(2) With Cause. In the event City Manager is terminated for cause, he shall not be entitled to any severance pay or benefits. “Cause” shall include the following reasons:
(a) Conviction of a crime, whether misdemeanor or felony. For purposes of this section, a plea of nolo contendere shall also be considered a conviction.

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(b) Failure to follow a directive of the Council after written notice of said failure to City Manager approved by a simple majority of the City Council members. (c) Failure to perform duties and responsibilities pursuant to the terms of this Agreement, the relevant City ordinances, municipal code, and other standards of professional conduct.
(d) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Manager’s duties. (e) Repeated and protracted unexcused absences from the City Manager’s office and duties
D. With Cause Procedure. In order to terminate for cause, the City Council must deliver to the City Manager a written statement of charges and its intent to terminate for cause.

Following delivery, the City Manager shall then have ten (10) calendar days to challenge the termination by setting forth his request to challenge in writing. Within such ten (10) day period, the City Manager may also demand a hearing upon the specifications. Failure to submit a written response or demand a hearing within the ten (10) calendar day period constitutes a waiver of the right. If a hearing is demanded, the hearing will be conducted in closed session. The City Manager may produce evidence and argument to the Council. If a written response is submitted but no hearing is demanded, the Council shall review its decision based upon the response. The Council’s decision following review of the written response and/or presentation at hearing shall be final and without right of appeal. The City Manager has no reinstatement rights.

E. Suspension. The Council may suspend the City Manager with full pay and benefits at any time, or without pay for a period of up to three weeks, at any time during the term of this Agreement, but only where a simple majority of the Council votes to suspend the City Manager.

F. Leave Balances. On separation from City employment, the City Manager shall be paid for all unused accrued leave balances, including balances as to vacation, sick leave, administration leave, floating holidays, and other outstanding accrued leave balances, if any, including any other accrued leave balances that either must be paid upon separation under applicable law or under the applicable terms of this Agreement. In the alternative, the City Manager may apply some or all of such leave time to service credit for retirement purposes, if permitted by PERS under applicable laws, rules and regulations. Accumulated leave balances shall be paid at the City Manager’s hourly salary rate at the effective date of separation. In the event the City Manager dies while employed by the City under this Agreement, the City Manager’s beneficiaries or those entitled to the City Manager’s estate, shall be entitled to the City Manager’s earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances that either must be paid upon separation under applicable law or under the applicable terms of this Agreement.

8. Statutory Requirements. This Agreement shall be deemed to incorporate by reference the provisions of Sections 53243 et seq. of the Government Code, as those provisions may be amended or renumbered.

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9. Performance Reviews; Goals, Objectives and Priorities

A. Annual performance evaluations are an important way for the City Council and City Manager to ensure effective communications regarding expectations and performance.

Accordingly, the City Council shall review and evaluate the performance of City Manager on an annual basis, or more frequently if the City Council so desires at its discretion. The evaluation shall be in accordance with specific criteria developed jointly by the City Council and City Manager. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with City Manager. City Manager shall initiate the evaluation in May each year under City Council procedures, or as otherwise directed by the City Council.

B. Within forty-five (45) days of the effective date of this Agreement, the City Council and City Manager shall develop the first set of goals, performance objectives and priorities by which to measure the City Manager’s performance. The City Council and the City Manager shall define such goals and performance objectives as they mutually determine are necessary for the proper operation of the City for the attainment of the City Council’s policy objectives, and the City Council and the City Manager shall further establish a relative priority among those goals and performance objectives. Such goals, objectives and priorities are subject to adjustment by the Parties at any time.

10. Bonding
The City shall bear the full cost of any fidelity or other bonds required of the City Manager, in the performance of his duties as City Manager.

11. Indemnification.

To the full extent of the law, as provided by the California Torts Claims Act (Government Code Section 810, et seq.), the City shall defend and indemnify the City Manager against all losses sustained by the City Manager in direct consequences of the discharge of the City Manager’s duties within the scope of his employment for the period of the City Manager’s employment.

12. Modification
Any modification of this Agreement will be effective only if it is in writing and signed by both Parties.

13. Effect of Waiver
The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one

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80237.00000\43856808.1 9 of 11
time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

14. Assignment
Neither this Agreement, nor any right, privilege, or obligation of the City Manager hereunder shall be assigned or transferred by him without the prior written consent of the Council. Any attempt at assignment or transfer in violation of this provision shall, at the option of the Council, be null and void and may be considered a material breach of this Agreement.

15. Entire Agreement
This Agreement supersedes any and all other agreements, either oral or in writing, between the City and the City Manager. This Agreement contains all of the covenants and agreements between the Parties with respect to the City Manager’s employment by the City in any manner whatsoever. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either Party.

16. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

17. Law Governing Agreement
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Riverside County.

18. No Presumption of Drafter
The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

19. Survival of Termination
Many sections of this Agreement are intended by their terms to survive the City Manager’s termination of employment with the City. Where so intended, these sections shall survive termination of employment and termination of this Agreement.

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20. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover such amount as the court may award as reasonable attorneys’ fees and costs.

21. Notices
A. Any notice to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery or mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the following respective addresses:

Mayor and City Council
City of Coachella
1616 6th Street
Coachella, CA 92236
ATTN: Mayor
William Pattison
[Address on File at the City]
B. Notices delivered personally shall be deemed communicated as of the date of actual receipt. Mailed notices shall be deemed communicated as of the date of mailing, plus two (2) days.

22. Assistance of Counsel
Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain it.
[SIGNATURES ON NEXT PAGE]

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80237.00000\43856808.1 11 of 11
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the ___ day of June 2025.

CITY OF COACHELLA: EMPLOYEE:

By: ____________________________ By:____________________________ Steven Hernandez, Mayor William Pattison
ATTEST:

By: _____________________________
Angel Zepeda, City Clerk

APPROVED AS TO FORM
By: _____________________________
Ryan Guiboa, City Attorney

Item 13.

STAFF REPORT
6/11/2025
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, Director of Public Works/City Engineer SUBJECT: Public Hearing and Adoption of Resolution No. 2025-30 Confirming the Assessment and Diagram and Ordering the Levy and Collection of Assessments for the City of Coachella Landscape and Lighting Maintenance District No. 1 through 40 for Fiscal Year 2025/2026
STAFF RECOMMENDATION:

The City Council adopts Resolution No. 2025-30:

I. Confirming the Diagram and Assessments and Ordering the Levy and Collection of Assessments for the City of Coachella Landscaping and Lighting Maintenance District 1 through 40 for Fiscal Year 2025/2026, pursuant to the provisions of Part 2 Division 15 of the California Streets and Highways Code.

II. Authorize and Direct the City Clerk to file the diagram and assessment with the Riverside County Assessor/ County Clerk-Recorder’s Office BACKGROUND:

In accordance with the “Landscaping and Lighting Act of 1972” of the Streets and Highways Code, on May 14, 2025, the City Council adopted Resolution No. 2025-22 and initiated proceedings to update the Districts for the next fiscal year declaring its Intention to Levy and Collect Assessments and Ordered the preparation of the Engineer’s Report. On May 14, 2025 the City Council adopted Resolution No. 2025- 22 giving Preliminary Approval of the Engineer’s and setting a time and place for the Public hearing to Levy and Collect Assessments. A map displaying the Districts is attached herewith as Exhibit “A”.

Resolution No. 2025-30, if approved, will confirm the assessments for the Fiscal Year 2025/2026 for the City of Coachella Landscaping and Lighting Maintenance District Number 1 through 40, shown on the attached Exhibit “A” and “B”. A notice of Public Hearing was posted in the local newspaper on the attached Exhibit “C”.

Item 14.

FISCAL IMPACT:

Approval of the assessments would have no adverse impact to the General Fund. The proposed assessments for each District has been prepared based upon the improvements and maintenance expenses necessary to maintain the common areas within each District. The revenues and expenditures are accounted for within separate 160 fund accounts within each District.

Attachments:

1. Resolution 2025-30

2. LLMD Districts No1 through 40 2025/2026 consolidated Engineer’s Report

Item 14.

RESOLUTION NO. 2025-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, CONFIRMING THE ASSESSMENT AND

DIAGRAM AND ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE CITY OF COACHELLA LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 1 THROUGH 40 FOR
FISCAL YEAR 2025/2026, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE
WHEREAS, the City Council and the City of Coachella, California (“City Council”) has adopted Resolution No. 2025-22 on May 14, 2025 Initiating the Preparation of the Engineer’s Report Declaring Intention to Levy and Collect Assessments for Fiscal Year 2025/2026 for the City of Coachella Landscaping and Lighting Maintenance District Number 1 through 40 pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972”, being Part 2 Division 15 of the California Streets and Highways Code; and
WHEREAS, this City Council has directed the staff to prepare the Engineer’s Report, and the City Engineer has prepared and submitted the report to the City Clerk his report pursuant to law for the City Council’s consideration; and
WHEREAS, the City Council has adopted Resolution Number 2025-22 on May 14, 2025 Giving Preliminary Approval of the Preliminary Engineer’s Report for Levy of Annual Assessments for Landscaping and Lighting Maintenance Districts 1 through 40 Declaring the Intention to Levy and Collect Assessments for Fiscal Year 2025/2026 and Set a Public Hearing for Districts 1 through 40; and
WHEREAS, the City Council scheduled a Public Hearing on June 11, 2025 at 6:00 p.m. prior to confirmation of the proposed assessments for Fiscal Year 2025/2026; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella as follows:

Section 1. That above recitals area all true and correct Section 2. Following notice duly given by publication, the City Council has held a full and fair Public Hearing regarding the Levy of the Proposed Assessment within the City of Coachella Landscaping and Lighting Maintenance District No. 1 through 40 for Fiscal Year commencing on July 1, 2025 and ending June 30, 2026, to pay for the cost and expenses of maintaining and servicing existing and proposed public landscaping and storm drain facilities installed and constructed within public places in the City of Coachella, pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code. All interested persons were offered the opportunity to hear and be heard regarding protests and objections to the Levy and Collection of the Proposed Assessment against lots or parcels of real property within City of Coachella Landscaping and

Item 14.

Resolution No.
2025-30 Page 2
Lighting Maintenance District No. 1 through 40. All protests and objections to the Levy and Collection of the proposed assessments for the Fiscal Year 2025/2026 commencing on July 1, 2025 and ending on June 30, 2026, area hereby overruled by the City Council.

Section 3. The City Council hereby orders the maintenance and servicing of the existing and proposed public landscape facilities installed and constructed in public places in the City of Coachella and hereby confirms the diagram and assessment set forth in the Engineer’s Report.

Section 4. The assessment is in compliance with the provisions of the “Landscaping and Lighting Act of 1972,” being Part 2 of Division 15 of the California Streets and Highways Code and with any applicable provisions of Proposition 218.

Section 5. The assessment is levied without regard to property valuation.

Section 6. The assessment is levied for the purpose of paying the costs and expenses of maintaining and servicing existing and proposed public landscaping facilities installed and constructed in public places in the City of Coachella for the Fiscal Year commencing on July 1, 2025 and ending on June 30, 2026.

Section 7. The adoption of Resolution No. 2025-30 constitutes the levy of an assessment for the Fiscal Year commencing on July 1, 2025 and ending on June 30, 2026.

Section 8. The maintenance and servicing of the public landscaping facilities shall be performed pursuant to law and the County Recorder/Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City of Coachella Finance Department.

Section 9. The City of Coachella Finance Department shall deposit all monies representing assessments collected by the County to the credit of a special fund known as Special Revenue Funds Special Assessments, City of Coachella Landscaping and Lighting Maintenance District No. 1 through 40.

Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the Riverside County, Assessor’s Office, together with a certified copy of Resolution 2025-30 upon its adoption.

Section 11. A certified copy of the assessment and diagram shall be filed in the Office of the City Clerk, with a duplicate copy on file in the office of the City Engineer and open for public review.

Item 14.

Resolution No. 2025-30

PASSED, APPROVED and ADOPTED this 11th day of June 2025. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney

Item 14.

Resolution No. 2025-30

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2025-30 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 11th day of June 2025, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

Item 14.

Resolution No. 2025-30

Exhibit A

CITY OF COACHELLA LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 THROUGH 40 FISCAL YEAR 2025/2026

BOUNADARY MAP

Item 14.

Resolution No. 2025-30

Exhibit B

CITY OF COACHELLA LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 THROUGH 40 FISCAL YEAR 2025/2026

PROPOSED LEVY

DISTRICT NUMBER PROPOSED LEVY PER
LOT

NUMBER OF LOTS
AREA 1 $109.60 127
AREA 2 $59.76 130
AREA 3 $95.40 181
AREA 4 $94.42 66
AREA 5 $0.00 0
AREA 6 $214.28 171
AREA 7 $152.90 161
AREA 8 $25.26 138
AREA 9 $176.42 32
AREA 10 $81.86 75
AREA 11 $84.76 105
AREA 12 $264.58 76
AREA 13 $425.02 168
AREA 14 $432.10 90
AREA 15 $700.72 48
AREA 16 $750.00 554
AREA 17 $700.00 162
AREA 18 $720.54 172
AREA 19 $424.54 126
AREA 20 $766.38 81
AREA 21 $178.04 70
AREA 22 $727.66 118
AREA 23 $707.50 119
AREA 24 $880.56 291
AREA 25 $687.28 87
AREA 26 $0.00 0
AREA 27 $750.00 112
AREA 28 $750.00 171
AREA 29 $583.94 152
AREA 30 $550.00 160
AREA 31 $625.00 265
AREA 32 $620.28 250
AREA 33 $824.94 282
AREA 34 $734.12 115
AREA 35 $875.00 49
AREA 36 $670.00 108
AREA 37 $0.00 0
AREA 38 $636.74 150
505
5 AREA 39 $477.10 107
AREA 40 $558.52 155

Item 14.

Resolution No. 2025-30

Exhibit C
NOTICE OF PUBLIC HEARING FOR RESOLUTION NO. 2025-30, “CONFIRMING THE

ASSESSMENT AND DIAGRAM AND ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE CITY OF COACHELLA LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 THROUGH 40 FOR FISCAL YEAR 2025/2026

Item 14.

City of Coachella

Landscaping and Lighting
Maintenance Districts No. 1
through 40

2025/2026 CONSOLIDATED ENGINEER’S REPORT

Intent Meeting: May 14, 2025
Public Hearing: June 11, 2025

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T.866.807.6864
www.willdan.com

Item 14.

ENGINEER'S REPORT AFFIDAVIT
City of Coachella Landscaping and Lighting Maintenance Assessment Districts No. 1 through 40
City of Coachella
Riverside County, State of California
This Report describes the District and all relevant zones therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Coachella
By: ________________________________
Chonney Gano
Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C 81888

Item 14.

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 4
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 4
II. PLANS AND SPECIFICATIONS 6
A. DISTRICTS OVERVIEW 6
B. DESCRIPTION OF DISTRICTS 7
C. DESCRIPTION OF DISTRICT IMPROVEMENTS 11
III. METHOD OF APPORTIONMENT 20
A. CALIFORNIA CONSTITUTION 21
B. BENEFIT ANALYSIS 22
C. ASSESSMENT METHODOLOGY 23
D. ASSESSMENT RANGE FORMULA 25
IV. DISTRICT BUDGETS 26
APPENDIX A – DISTRICT ASSESSMENT DIAGRAMS 31
APPENDIX B – 2025/2026 PRELIMINARY ASSESSMENT ROLL 32

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 1 I. OVERVIEW
A. INTRODUCTION
The City of Coachella (the “City”), under the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and in compliance with the substantive and procedural requirements of the California Constitution Article XIIID (the “California Constitution”), annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services for the districts designated as:

Coachella Landscaping and Lighting Maintenance Districts (the “Districts”) The City formed the following forty (40) Districts:

TABLE I – 2025/2026 DISTRICT DESCRIPTIONS
District Number District Name Number of
Parcels Formation Date
1 Lewis Homes - Tract Nos. 14664-
1, 14664-2, 14664, & 17892 127 9/16/1980
2 Peacock Palms – Tract Nos.
14472 & 15976 130 6/16/1980
3 Buena Vista Homes – Tract Nos.
14675, 18317, & 28074 181 9/16/1980
4 Palm Desert Development – Tract
Nos.18632-1, 18632-2 & 18632 66 6/2/1987
5 (1) Palmeras Mobile Home Park –
Tract No. 26370 122 7/17/1991
6 Fiesta Homes – Tract Nos.
23911-1, 23911-2, & 23911 171 8/7/1991
7 La Paz Homes I – Tract Nos.
26467-3, 26467-2, 26467-1,
26467, 26639-1, & 26639
161 8/7/1991
8 La Ponderosa Homes – Tract
Nos. 24299-1 & 24299 138 1/28/1994
9 Coachella Valley Housing
Coalition – Tract Nos. 23408-1,
23408-2, & 23408
32 5/4/1994
10 Plaza Del Sol – Tract No. 26592 75 12/21/1994

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 2 District Number District Name Number of
Parcels Formation Date
11 Loma Vista Homes I – Tract Nos.
22110-1 & 22110-2
105 8/2/1995
12 La Paz Homes II – Tract Nos.
28374-1, 28374-2, 28374-3, &
28375
76 10/17/1996
13 Baron-Ziraick – Tract Nos. 28443-
1, 28443-2, & 28443 168 8/7/1999
14 Pueblo De La Paz – Tract Nos.
29071-1, 29071-2, 29071-3,
29071-4, & 29071
90 6/14/2000
15 Cachanillas – Tract No. 30020 48 5/28/2003
16 Tierra Del Sol – Tract Nos. 30582,
30684-1, 30684-2, 30684-3, &
30684
554 8/20/2003
17 Rancho Las Flores – Tract No.
30498-1
162 5/14/2003
18 Bella Canto – Tract No. 30728 172 6/16/2003
19 Paseo De Las Palmas – Tract
Nos. 30354-1, 30354 126 7/9/2003
20 Posada Del Valle – Tract Nos.
30621-1, 30621 81 8/20/2003
21 Loma Vista II – Tract No. 22110 70 8/20/2003
22 Rancho De La Fe – Tract No.
30889 118 11/10/2004
23 La Colonia I – Tract No. 30871 119 11/10/2004
24 La Paloma Estates – Tract Nos.
30910-1, 30910-2, 30910 291 4/13/2005
25 Las Plumas – Tract No. 31376 87 6/8/2005
26(1) La Colonia II – Tract Nos. 32074-
1, 32074-2 & 32074 26 6/8/2005
27 Rancho Mariposa – Tract No.
30831 112 8/1/2005
28 La Morada – Tract No. 30830 171 8/1/2005
29 Somerset – Tract Nos. 31664-1,
31664-2, 31664-3, & 31664 152 8/24/2005
30 Navarra/Sundate I – Tract No.
31508 160 6/28/2006
31 Los Jardines – Tract Nos. 31533-
1, 31533-2, & 31533 265 11/9/2005

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 3 District Number District Name Number of Total
Parcels Formation Date
32 Aventine – Tract Nos. 31551-1 &
31551 250 11/29/2006
33 Vista Escondida – Tract No.
32264 282 2/8/2006
34 Tierra Bonita – Tract No. 31158 115 2/8/2006
35 Bellissima – Tract No. 31978 49 9/13/2006
36 Valencia – Tract No. 31698 108 5/31/2006
37(2) Volk – Tract No. 31550 80 11/22/2006
38 Rancho Cielo – Tract No. 31714 150 3/14/2006
39 Pulte Sevilla - Tract No. 38084 109 3/23/2022
40 Mariposa Pointe - Tract No.
32074, 32074-1 & 32074-2
165 4/27/2022
(1) District No. 5 dissolved March 2013 and District No. 26 dissolved June 2013. (2) District No. 37 tract map not recorded, therefore not developed and no levy as of Fiscal Year 2025/2026.

The Engineer’s Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments for Fiscal Year 2025/2026.

This Report describes the District, the improvements, and the proposed assessments to be levied against properties in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for Fiscal Year 2025/2026. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of local landscape improvements installed in connection with the development of properties within the District. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the landscape improvements and based upon available revenues including fund balances, City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include: the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of adequate funds for operational reserves or periodic expenditures including installments collected for long-term improvement projects. Each parcel is assessed proportionately for only those

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 4 improvements, services, and expenses for which the parcel will receive special benefit.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Riverside County Assessor’s Office. The Riverside County Auditor-Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

Following consideration of all public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2025/2026 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel in Fiscal Year 2025/2026.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218 (The Right to Vote on Taxes Act) that established specific requirements for the ongoing imposition of taxes, assessments, and fees. The provisions of this proposition are now contained in the California Constitution as Articles XIIIC and XIIID. can be summarized in four general areas:

1. Strengthens the general and special tax provisions of Proposition 13 and Proposition 62.

2. Extends the initiative process to all local taxes, assessments, fees, and charges.

3. Adds substantive and procedural requirements to assessments.

4. Adds substantive and procedural requirements to property-related.

The District assessments were presented to the property owners and approved through a protest ballot proceeding in compliance with the provisions of Proposition 218.

C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to the Districts, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 5 • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County of Riverside (the “County”) for collection of assessments;
• Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 6 II. PLANS AND SPECIFICATIONS
A. DISTRICTS OVERVIEW
The territory within the Districts consists of all lots or parcels of land within the City of Coachella. The purpose of the Districts is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping, streetlighting, traffic signal improvements and related facilities and services in various areas throughout the City. Improvements that can be provided within the Districts generally include but are not limited to:
• Landscape improvements within the street medians and parkway sidepanels, including parkways, slopes and entryways; and various non-street landscape areas including greenbelts, slopes, local trails, and open space areas within various landscape zones. These landscape improvements and areas may include but are not limited to various combinations of trees; turf; ground cover; shrubs, plantings and other amenities including retaining walls, monuments, fencing, sidewalks, stamped concrete or pavers; irrigation and drainage systems; and related appurtenances. • Local Lighting facilities on the public streets within the City. These lighting improvements may include but are not limited to streetlights located on the City’s arterial streets, traffic signals located throughout the City and local streetlights within or adjacent to the various developments and subdivisions.

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 7 B. DESCRIPTION OF DISTRICTS
The Districts therein provide the continued maintenance, servicing, administration, and operation of various landscape improvements and associated appurtenant landscape structures located within the public rights-of-way and dedicated landscape easements associated with the various tracts and on individual parcels located within the Districts. Each tract or parcel is identified within a designated District with differing costs and benefits to the parcels within that District. The spreading of the improvement costs is based upon the total cost of the improvements within each District and is proportionately spread among all benefiting properties within the District based on either land use and acreage or number of parcels.

As of Fiscal Year 2025/2026, the following are descriptions of the Districts therein:

District No. 1 Lewis Homes - District No. 1 includes all parcels within tract numbers 14664-1, 14664-2, 14664, and 17892. The
District is generally located north of Avenue 51 and west of Suncrest Street.

District No. 2 Peacock Palms - District No. 2 includes all parcels within tract numbers 14472 and 15976. The District is generally located at the northeast corner of Avenue 50 and
Frederick Street.

District No. 3 Buena Vista Homes - District No. 3 includes all parcels within tract numbers 14675, 18317, and 28074. The
District is generally located at the southwest corner of Avenue 49 and Frederick Street.

District No. 4 Palm Desert Development - District No. 4 includes all parcels within tract numbers 18632-1, 18632-2, and
18632. The District is generally located north of
Westerfield Way, east and west of Kenmore Street,
Coronado Street and Balboa Street.

District No. 6 Fiesta Homes - District No. 6 includes all parcels within tract numbers 23911-1, 23911-2, and 23911. The District is generally located at the southeast corner of Avenue 49 and Van Buren Street.

Item 14.
2025/2026 Consolidated Engineer’s Report City of Coachella - Assessment Districts Page 8 District No. 7 La Paz Homes I - District No. 7 includes all parcels within tract numbers 26467-1, 26467-2, 26467-3, 16467-4,
26467, 26639-1, and 26639. The District is generally
located south of Avenue 53 and east and west of Calle
La Paz and Calle Bonita.

District No. 8 La Ponderosa Homes - District No. 8 includes all parcels within tract numbers 24299-1 and 24299. The
District is generally located north of Avenue 52 and east and west of La Ponderosa Drive and La Hernandez
Street.

District No. 9 Coachella Valley Housing Coalition - District No. 9 includes all parcels within tract numbers 23408-1, 23408- 2, and 23408. The District is generally located north of Calle Zamora, south of Calle Verde and east of Calle
Techa.

District No. 10 Plaza Del Sol - District No. 10 includes all parcels within tract number 26592, generally located east of Tyler
Street and north and south of Calle Bougainvillea.

District No. 11 Loma Vista Homes I - District No. 11 includes all parcels within tract numbers 22110-1 and 22110-2, generally
located north of Avenue 51, east of Frederick Street and east and west of Avenida Adobe.

District No. 12 La Paz Homes II - District No. 12 includes all parcels within tract numbers 28374-1, 28374-2, 28374-3, and
28375, generally located east of Frederick Street, north and south of Guitron Street.

District No. 13 Baron-Ziraick Investments - District No. 13 includes all parcels within tract numbers 28443-1, 28443-2, and
28443, generally located southeast corner of Avenue 50
and Frederick Street.

District No. 14 Pueblo De La Paz - District No. 14 includes all parcels within tract numbers 20971-1, 20972-2, 20971-3, 20971-
4, and 20971, generally located southeast corner of
Avenue 49 and Frederick Street.

District No. 15 Cachanillas - District No. 15 includes all parcels within tract number 30020, generally located south of Avenue
53, east of Calle Empalme and west of Calle Avilla.