Agenda packet — Coachella City Council, June 24, 2026 (part 2 of 8)

Item 17.
-68- MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
Coachella, CA 92236
Attn: Andrew Simmons, Public Works Director/City Engineer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, or their officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, or their officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, or their officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding.

Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

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Item 17.
-69- MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

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Item 17.
-70- MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

3.5.18 Anti-Trust Claims. This provision shall be operative if this Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
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Item 17.
-71- MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA
AND VINTAGE ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 24th day of June, 2026.

CITY OF COACHELLA
By:

Gustavo Romo
City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
VINTAGE ASSOCIATES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

B-1001888
Contractor’s License Number and
Classification
1000001926
DIR Registration Number

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Item 17.
-72- BAGDOUMA PARK MSA -

SCOPE OF SERVICES

CITY OF COACHELLA
EXHIBIT “A”

SCOPE OF SERVICES

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Item 17.
-73- BAGDOUMA PARK MSA -

SCHEDULE OF SERVICES

CITY OF COACHELLA
EXHIBIT “B”

SCHEDULE OF SERVICES

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Item 17.

CITY OF COACHELLA -74- BAGDOUMA PARK MSA -

COMPENSATION
EXHIBIT “C”

COMPENSATION

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Item 17.

MSA - PAYMENT AND PERFORMANCE
BONDS
EXHIBIT “D”

PAYMENT AND PERFORMANCE BONDS
CITY OF COACHELLA -75- BAGDOUMA PARK

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Item 17.

CITY OF COACHELLA -76- BAGDOUMA PARK MSA -

PERFORMANCE BOND

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella (hereinafter referred to as “City”) has awarded to , (hereinafter referred to as the “Contractor”)
an agreement for
(hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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Item 17.

CITY OF COACHELLA -77- BAGDOUMA PARK MSA -

PERFORMANCE BOND
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURE ON NEXT PAGE]

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Item 17.

CITY OF COACHELLA -78- BAGDOUMA PARK MSA -

PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 ).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges, $ .
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. (Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)

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Item 17.

CITY OF COACHELLA -79- BAGDOUMA PARK MSA -

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , 20 , before me, , Notary Public,
personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Item 17.

CITY OF COACHELLA -80- BAGDOUMA PARK MSA -

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

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Item 17.

CITY OF COACHELLA -81- BAGDOUMA PARK MSA -

PAYMENT BOND

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella (hereinafter designated as the “City”), by action taken or a resolution passed , 20 has awarded to hereinafter
designated as the “Principal,” a contract for the work described as follows:
(the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement

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Item 17.

CITY OF COACHELLA -82- BAGDOUMA PARK MSA -

PAYMENT BOND
pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Item 17.

CITY OF COACHELLA -83- BAGDOUMA PARK MSA -

PAYMENT BOND
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal

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Item 17.

CITY OF COACHELLA -84- BAGDOUMA PARK MSA -

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.

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Item 17.

Bagdouma Parks Address and Acreage
Bagdouma Park – 51-723 Douma Street, Coachella CA – 46 Acres

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Item 17.

STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Andrew Simmons, P.E., Public Works Director/City Engineer SUBJECT: Maintenance Services Agreement with Vintage Associates, Inc. in the amount of $329,550.00 for Landscape Maintenance Services of City Parks and Facilities Project No. PW 2026-03.

STAFF RECOMMENDATION:

Authorize City Manager to execute a Maintenance Services Agreement with Vintage Associates, Inc. in the amount of $329,550.00 for Landscape Maintenance Services of City Parks and Facilities Project No. PW 2026-03, subject to reasonable and acceptable minor modifications as approval to form by City Attorney.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Landscape Maintenance Services for City Parks and Facilities in April 2026. This RFP closed on May 28, 2026 and the City received Seven proposals. Of the proposals that were received, Four proposals were responsive and evaluated based on the criteria described below. As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a three-member staff selection panel. Each panelist member scored all responsive proposals received per the evaluation criteria established in the RFP:

1. Contractor Information (Including References)
o 20 Points

2. Proposed Project Work Schedules
o 25 Points

3. Proposed Facilities, Equipment, Materials, and Staffing Schedule o 20 Points

4. Communications, Traffic Safety, and Green Waste
o 5 Points

5. Cost Proposal
o 25 Points

6. Completeness, Thoroughness, Clarity, and Neatness of Proposal o 5 Points

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Item 18.

Based upon these selection criteria, the top ranked proposer selected was Vintage Associates, Inc. The scores for each proposer are reflected below:

Scores 1 2 3 Average
Vintage Associates 92 82 83 85.7
Kirkpatrick Landscaping Services, Inc. 85 68 68 73.7
Southwest Landscape & Maintenance 90 73 78 80.3
Mariposa Landscapes Inc. 85 49 56 63.3
Staff recommends award of the landscape maintenance agreement in an amount not to exceed $329,550.00 (two-year term) to Vintage Associates, Inc.; the recommended award amount is the two-year contract amount of $263,640 plus a 25% contingency to allow for plant replacement and rehabilitation as needed throughout the agreement term. The term for the proposed agreement is from July 1, 2026 – June 30, 2028.

FISCAL IMPACT:

No fiscal impact. The maintenance services have been included in the FY 26/27 budget.

ATTACHMENTS:

1. Maintenance Service Agreement

2. Vintage Associates Proposal

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Item 18.
-54- MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

MAINTENANCE SERVICES AGREEMENT
PW 2026-03 CITY PARKS AND FACILITIES

1. PARTIES AND DATE.

This Agreement is made and entered into this 24th day of June, 2026 by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236 (“City”) and Vintage Associates, Inc. DBA Vintage Landscape, a CORPORATION with its principal place of business at 78755 Darby Road, Bermuda Dunes, CA 92203 (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

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

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Maintenance of City Parks and Facilities Project PW 2026-03 (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor 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 Landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor shall complete the Services

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Item 18.
-55- MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
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.

3.1.3 Incorporation of Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Change Orders executed by the City
 Addenda, if any
 Maintenance Services Agreement
 Specific Terms and Conditions
 General Terms and Conditions
 Scope of Services (Exhibit “A”)
 Schedule of Services (Exhibit “B”)
 Compensation (Exhibit “C”)
 Performance and Payment Bond (Exhibit “D”)
 Special Provisions (Exhibit “E”)
 Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
 The Notice Inviting Proposals, if any
 The Request for Proposals, if any
 Contractor’s Proposal

3.1.4 Precedence. To the extent there is a conflict between any portions of the Contract Documents, the order of precedence shall be in the order set forth above.

3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall

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respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City’s Representative. The City hereby designates Public Works Director/City Engineer, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative” or “Engineer”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Rafael Esquivel, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement and all communications given to the Contractor’s Representative shall be as binding as if given to the Contractor. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. The Contractor’s Representative shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. Contractor shall not change its Contractor’s Representative without written approval of Engineer.

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

3.2.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or

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which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Dollars ($200.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies 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. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and

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shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 Air Quality. Contractor 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 California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

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applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

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

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limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City of

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Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officers, employees, agents and volunteers, or any other additional insureds.

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

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compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

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

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3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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.

3.2.15 Work Site.

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3.2.15.1 Contract Documents. The Contractor shall carefully study and compare the Contract Documents with each other and with information available to the Contractor and furnished by the City and shall immediately notify the Engineer of errors, inconsistencies or omissions discovered. If the Contractor performs any maintenance activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without notice to the Engineer, the Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction.

3.2.15.2 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.3 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.15.4 Hazardous Materials and Differing Conditions. Except as set forth in the Special Conditions or Specifications, should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substance and hazardous materials as defined in California state or federal law at the Site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors)

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damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Twenty-Nine Thousand Five Hundred Fifty Dollars ($329,550.00) without written approval of City Manager. 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. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Agreement.

3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City.

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CITY OF COACHELLA
sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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.

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

3.3.6 Prevailing Wages. Contractor 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 $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement; Temporary Suspension of Work

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

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

3.4.3 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.

3.4.4 Temporary Suspension of Work. The Engineer may order the Contractor to suspend the work on the project, wholly or in part, for such period of time as he may deem necessary due to unsuitable weather or to such other conditions as may be considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure of the Contractor to carry out orders given or to perform any provision of the contract. The Contractor shall immediately comply with the order of the Engineer to suspend the work, wholly or in part, as the order may provide. Work shall be resumed when conditions are favorable or when the methods have been corrected, as ordered or approved in writing by the Engineer.

3.5 General Provisions.

3.5.1 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:

Contractor:

City:

Vintage Associates, Inc.
78755 Darby Road
Bermuda Dunes, CA 92203
Attn: Kyle Gritters
City of Coachella
53-990 Enterprise Way

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3.5.2 Indemnification.

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

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

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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AGREEMENT

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

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AGREEMENT

CITY OF COACHELLA

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA
AND VINTAGE ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 24th day of June, 2026.

CITY OF COACHELLA
By:

Gustavo Romo
City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
VINTAGE ASSOCIATES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

B-1001888
Contractor’s License Number and
Classification
1000001926
DIR Registration Number

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MSA - SCOPE OF SERVICES

CITY OF COACHELLA
EXHIBIT “A”

SCOPE OF SERVICES

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MSA - SCHEDULE OF SERVICES

CITY OF COACHELLA
EXHIBIT “B”

SCHEDULE OF SERVICES

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CITY OF COACHELLA -74- RANCHO LAS FLORES PARK

MSA - COMPENSATION
EXHIBIT “C”

COMPENSATION

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MSA - PAYMENT AND PERFORMANCE
BONDS
EXHIBIT “D”

PAYMENT AND PERFORMANCE BONDS
CITY OF COACHELLA -75- RANCHO LAS FLORES PARK

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CITY OF COACHELLA -76- RANCHO LAS FLORES PARK

MSA - PERFORMANCE BOND

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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CITY OF COACHELLA -77- RANCHO LAS FLORES PARK

MSA - PERFORMANCE BOND
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

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Item 18.

CITY OF COACHELLA -78- RANCHO LAS FLORES PARK

MSA - PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 ).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges, $ .
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

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Item 18.

CITY OF COACHELLA -79- RANCHO LAS FLORES PARK

MSA - PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Item 18.

CITY OF COACHELLA -80- RANCHO LAS FLORES PARK

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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CITY OF COACHELLA -81- RANCHO LAS FLORES PARK

MSA - PAYMENT BOND

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

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CITY OF COACHELLA -82- RANCHO LAS FLORES PARK

MSA - PAYMENT BOND
pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Item 18.

CITY OF COACHELLA -83- RANCHO LAS FLORES PARK

MSA - PAYMENT BOND
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal

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Item 18.

CITY OF COACHELLA -84- RANCHO LAS FLORES PARK

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.

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Item 18.

STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Andrew Simmons, P.E., Public Works Director/City Engineer SUBJECT: Maintenance Services Agreement with Southwest Landscape & Maintenance Inc. in the amount of $2,080,929.87 for Landscape Maintenance Services Landscape, Lighting and Maintenance Districts 1-40 Project LLMD 2026-01.

STAFF RECOMMENDATION:

Authorize City Manager to execute a Maintenance Services Agreement with Southwest Landscape & Maintenance Inc. in the amount of $2,080,929.87 for Landscape Maintenance Services Landscape, Lighting and Maintenance Districts 1-40 Project LLMD 2026-01.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Landscape Maintenance Services for the Landscape, Lighting and Maintenance Districts 1-40 in April 2026. This RFP closed on May 28, 2026 and the City received Seven proposals. Of the proposals that were received, Five proposals were responsive and evaluated based on the criteria described below. As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a three-member staff selection panel. Each panelist member scored all responsive proposals received per the evaluation criteria established in the RFP:

1. Contractor Information (Including References)
o 20 Points

2. Proposed Project Work Schedules
o 25 Points

3. Proposed Facilities, Equipment, Materials, and Staffing Schedule o 20 Points

4. Communications, Traffic Safety, and Green Waste
o 5 Points

5. Cost Proposal
o 25 Points

6. Completeness, Thoroughness, Clarity, and Neatness of Proposal o 5 Points

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Item 19.

Based upon these selection criteria, the top ranked proposer selected was Southwest Landscape and Maintenance Inc. The scores for each proposer are reflected below:

Scores 1 2 3 Average
Vintage Associates 93 85 77 85.0
Kirkpatrick Landscaping Services, Inc. 83 68 63 71.3
Southwest Landscape & Maintenance 96 88 81 88.3
Mariposa Landscapes Inc. 83 65 60 63.3
Excel Landscape 87 88 68 81.0
Staff recommends award of the landscape maintenance agreement in an amount not to exceed $2,080,929.87 (two-year term) to Southwest Landscape and Maintenance, Inc.; the recommended award amount is the two-year contract amount of $1,664,743.90 plus a 25% contingency to allow for plant replacement and rehabilitation as needed throughout the agreement term. The term for the proposed agreement is from July 1, 2026 – June 30, 2028.

FISCAL IMPACT:

No fiscal impact. The maintenance services have been included in the FY 26/27 budget.

ATTACHMENTS:

1. Maintenance Service Agreement

2. Southwest Landscape and Maintenance Proposal

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Item 19.
-1- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

MAINTENANCE SERVICES AGREEMENT
LLMD 2026-01 Landscape, Lighting and Maintenance Districts 1-40

1. PARTIES AND DATE.

This Agreement is made and entered into this 24th day of June, 2026 by and between the City of Coachella, a municipal organization organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236 (“City”) and Southwest Landscape & Maintenance Inc., a CORPORATION with its principal place of business at 45-100 Golf Center Pkwy Ste E, Indio, CA 92201 (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape, Lighting and Maintenance District 1-40 Landscape Maintenance Project LLMD 2026-01 (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2028 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor 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,

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-2- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
extend the term of this Agreement if necessary to complete the Services.

3.1.4 Precedence. To the extent there is a conflict between any portions of the Contract Documents, the order of precedence shall be in the order set forth above.

3.2 Responsibilities of Contractor.

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AGREEMENT

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

3.2.4 City’s Representative. The City hereby designates Public Works Director/City Engineer or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative” or “Engineer”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Malachi Ramos, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement and all communications given to the Contractor’s Representative shall be as binding as if given to the Contractor. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. The Contractor’s Representative shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. Contractor shall not change its Contractor’s Representative without written approval of Engineer.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall 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 provided separately

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-4- LANDSCAPE MAINTENANCE LLMD 1-40

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AGREEMENT

CITY OF COACHELLA
in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall

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-5- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

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-6- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice

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Item 19.
-7- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor 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. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

Page 400 ends

Item 19.
-8- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

All policies shall waive any right of subrogation of the insurer against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City of Coachella, Coachella Fire Protection District, Coachella Sanitary District, Coachella Water Authority, and their directors, officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Page 401 ends

Item 19.
-9- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

3.2.13 Bonds.

Page 402 ends

Item 19.
-10- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.15 Work Site.

Page 403 ends

Item 19.
-11- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
Engineer, the Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction.

Page 404 ends

Item 19.
-12- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA
replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million Eighty Thousand Nine Hundred Twenty-Nine Dollars and EightySeven Cents ($2,080,929.87) without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

Page 405 ends

Item 19.
-13- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

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

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

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Department of Industrial Relations against Contractor or any subcontractor.

Page 406 ends

Item 19.
-14- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

3.4 Termination of Agreement; Temporary Suspension of Work

3.5 General Provisions.

Contractor:

City:

Southwest Landscape & Maintenance Inc.
45-100 Golf Center Pkwy, Ste E
Indio, CA 92201
Attn: Harry Jackson
City of Coachella
53-990 Enterprise Way, Coachella CA 92236
Attn: Andrew Simmons, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

Page 407 ends

Item 19.
-15- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

3.5.3 Governing Law; Government Code Claim Compliance. 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, Contractor 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

Page 408 ends

Item 19.
-16- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

Page 409 ends

Item 19.
-17- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

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

Page 410 ends

Item 19.
-18- LANDSCAPE MAINTENANCE LLMD 1-40

MAINTENANCE SERVICES

AGREEMENT

CITY OF COACHELLA

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COACHELLA
AND SOUTHWEST LANDSCAPE & MAINTENANE INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 24TH day of June, 2026.

CITY OF COACHELLA
By:

Gustavo Romo

SOUHTWEST LANDSCAPE &
MAINTENANCE INC.

By:

City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Its:

Printed Name:

By:

Its:

Printed Name:

B-1005328
Contractor’s License Number and
Classification
1001042667
DIR Registration Number (if applicable)

Page 411 ends

Item 19.
-78- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - SCOPE OF SERVICES

CITY OF COACHELLA
80237.00000\33783194.1
EXHIBIT “A”

SCOPE OF SERVICES

Page 412 ends

Item 19.
-79- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - SCHEDULE OF SERVICES

CITY OF COACHELLA
80237.00000\33783194.1
EXHIBIT “B”

SCHEDULE OF SERVICES

Page 413 ends

Item 19.

CITY OF COACHELLA -80- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - COMPENSATION
80237.00000\33783194.1
EXHIBIT “C”

COMPENSATION

Page 414 ends

Item 19.

MSA - PAYMENT AND PERFORMANCE
BONDS
80237.00000\33783194.1
EXHIBIT “D”

PAYMENT AND PERFORMANCE BONDS
CITY OF COACHELLA -81- LANDSCAPE MAINTENANCE LLMD 1-40

Page 415 ends

Item 19.

CITY OF COACHELLA -82- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PERFORMANCE BOND
80237.00000\33783194.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Page 416 ends

Item 19.

CITY OF COACHELLA -83- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PERFORMANCE BOND
80237.00000\33783194.1
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Page 417 ends

Item 19.

CITY OF COACHELLA -84- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PERFORMANCE BOND
80237.00000\33783194.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 ).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges, $ .
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

Page 418 ends

Item 19.

CITY OF COACHELLA -85- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PERFORMANCE BOND
80237.00000\33783194.1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Page 419 ends

Item 19.

CITY OF COACHELLA -86- LANDSCAPE MAINTENANCE LLMD 1-40

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Page 420 ends

Item 19.

CITY OF COACHELLA -87- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PAYMENT BOND
80237.00000\33783194.1

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Page 421 ends

Item 19.

CITY OF COACHELLA -88- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PAYMENT BOND
80237.00000\33783194.1
pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Page 422 ends

Item 19.

CITY OF COACHELLA -89- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - PAYMENT BOND
80237.00000\33783194.1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal

Page 423 ends

Item 19.

CITY OF COACHELLA -90- LANDSCAPE MAINTENANCE LLMD 1-40

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.

Page 424 ends

Item 19.

CITY OF COACHELLA -91- LANDSCAPE MAINTENANCE LLMD 1-40

MSA - SPECIAL PROVISIONS
80237.00000\33783194.1
EXHIBIT “E”

SPECIAL PROVISIONS

Page 425 ends

Item 19.
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Page 426 ends

Item 19.

CITY OF COACHELLA -93- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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CITY OF COACHELLA -94- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -95- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -96- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -97- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -98- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -99- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

Page 433 ends

Item 19.

LEGEND:
vZ2:2J LANOSCAP£D AR[A
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CALLE
TRACT 26592
DISTRICT 10

PLAZA DEL SOL
HOMES

EXHIBIT ''A II
m

Page 434 ends

Item 19.

CITY OF COACHELLA -101- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

Page 435 ends

Item 19.
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LEGEND:
� LANDSCAPfD ARE:A
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DISTRICT 12 LA PAZ HOMES
EXHIBIT,�II Page 436
Item 19.

CITY OF COACHELLA -103- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

Page 437 ends

Item 19.

CITY OF COACHELLA -104- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

Page 438 ends

Item 19.
-J
AVENUE 5

CALLE NOGAL
LEGEND:
v2Z?2 LANDSCAPED ARCA
-- DISTRICT BOUNDARY
@
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WATE'R M£1(R
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DISTRICT 15

CACHANILLAS
EXHIBIT'}\ II
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Page 439 ends

Item 19.
w�
AVENUE 48
AVENUE 49
TRACT 30684/30582
DISTRICT 16
LEGEND:

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EXHIBIT ''A"

Page 440 ends

Item 19.

CITY OF COACHELLA -107- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -108- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -109- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -110- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -111- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

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Item 19.

CITY OF COACHELLA -112- LANDSCAPE MAINTENANCE LLMD 1-40

LANDSCAPE DISTRICT AREA MAPS
80237.00000\33783194.1

Page 446 ends

Item 19.

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Item 19.

STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Delia Granados, Deputy City Clerk
SUBJECT: Adopt Resolution No. 2026-40, Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 3, 2026 STAFF RECOMMENDATION:

Adopt a resolution calling for a General Municipal Election to be held on November 3, 2026, for the election of one Mayor and two Council Members; approving Candidate Statement Guidelines and Costs; and requesting consolidation with the Statewide Election to be held on that date.

BACKGROUND:

Pursuant to provisions of the law relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 3, 2026. The following standard resolution has been prepared and is required to be adopted by City Council pursuant to the California Elections Code:
 Calling for and Giving Notice of Election
 Requesting Riverside County Board of Supervisors approve consolidation and provide election services
 Adopt regulations for candidates pertaining to Candidate Statement materials and including estimated costs of Candidate Statements
Pursuant to the requirements of the laws of the State of California relating to General Law Cities, this resolution calls the election for November 3, 2026, for the purpose of electing one Mayor for one two-year term and two Council Members to the City Council for one four-year term each, ensures ballots are in conformance with State Law; authorizes the City Clerk to prepare election materials as necessary; ensures polling is conducted in conformance with State Law; directs the City Clerk to provide notice of the election; and authorizes expenses to be paid upon presentation of an invoice for said election.

Included in this resolution is a request to the Riverside Board of Supervisors to Consolidate the General Municipal Election with the Statewide General Election, pursuant to Elections Code

Page 463 ends

Item 20.

Section 10403. In doing so, the City Council authorizes the County of Riverside to canvass the returns and authorizes payment to the County of Riverside for specified election services.

Additionally, pursuant to Elections Code Section 13307 and the Federal Voting Rights Act, this resolution authorizes candidates the option to prepare a Candidate Statement with specific criteria, and provides the estimated cost for translation, handling and printing of each Candidate Statement.

As with past elections, each candidate will be required to provide an advance deposit for the estimated cost of the candidate’s statement. The estimate in 2024 was $600.00. The Riverside County Registrar of Voters has yet to provide an estimate for this year. Candidates may receive a bill or refund for the difference depending on how many candidates actually file a candidate statement.

The nomination period for the City of Coachella Mayor and City Council candidates is Monday, July 13 – Friday, August 7, 2026, during regular business hours. For the duration of the nomination period, City Clerk Office staff furnishes interested persons with all necessary paperwork to run for office (i.e., Nomination Papers, Conflict of Interest, optional Candidate Statement, etc.) as well as information related to State and local campaign disclosure regulations.

The nomination period for the City of Coachella Mayor and City Council candidates is Monday, July 13 – Friday, August 7, 2026, during regular business hours. If an incumbent eligible to run for an office does not file nomination papers by August 7, non-incumbents shall have an extended filing deadline until Wednesday, August 12. For the duration of the nomination period, City Clerk Office staff furnishes interested persons with all necessary paperwork to run for office (i.e., Nomination Papers, Conflict of Interest, optional Candidate Statement, etc.) as well as information related to State and local campaign disclosure regulations.

FISCAL IMPACT:

Funding for the General Municipal Elections will be included in Fiscal Year 2026/2027 General Fund Budget. The funding will be found in the City Clerk’s budget 101-11-112-10-334-000 RECOMMENDED ALTERNATIVE(S):

Approve Resolution No. 2026-40 calling for a General Municipal Election to be held on November 3, 2026, for the election of one Mayor, two Council Members, one City Clerk, and one City Treasurer; approving Candidate Statement Guidelines and Costs; and requesting consolidation with the Statewide Election to be held on that date.

Attachment: Resolution No. 2026-40

Page 464 ends

Item 20.

RESOLUTION NO. 2026-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE

HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF

CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA

RELATING TO GENERAL LAW CITIES, REQUESTING THE COUNTY

TO APPROVE SAID CONSOLIDATION AND TO RENDER SPECIFIED

SERVICES AND SETTING FORTH REGULATIONS FOR CANDIDATES'
STATEMENTS.

WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a general municipal election shall be held in the City on Tuesday, November 3, 2026, for the elections of one (1) Mayor for the full term of two (2) years and two (2) Members of the City Council for the full term of four (4) years; and
WHEREAS, a General Municipal Election is to be held in the City of Coachella, California, on Tuesday, November 3, 2026, and in the course of conduct of said election and in relation thereto it will be necessary to mail sample ballots and polling place inserts to the registered voters of the city and it will facilitate the election if the Registrar of Voters of the County of Riverside provides these and other specified services; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Riverside canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, all necessary expense in performing this service shall be paid by the City of Coachella; and
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of the local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA,

CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California, relating to General Law Cities within the State, there shall be, and is hereby called and ordered held in the City of Coachella, California, on Tuesday, November 3, 2026, a general municipal

Page 465 ends

Item 20.

Resolution No. 2026-40

Page 2 ends

election of the qualified electors of said City for the purpose of electing one (1) Mayor for the full term of two (2) years and two (2) Members of the City Council for the full term of four (4) years.

SECTION 2. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat.

SECTION 3. That the City Clerk of said City is thereby authorized, instructed, and directed to coordinate with the Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election.

SECTION 4. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Riverside and in compliance with the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City.

SECTION 6. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with California Elections Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 8. That said City shall reimburse the Riverside County Registrar of Voters for services performed when work is completed upon presentation of a bill.

SECTION 9. That pursuant to the requirements of Section 10403 of the Elections Code, the City Council of the City of Coachella, California, does hereby request the Board of Supervisors of the County of Riverside to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election to be held in said City on Tuesday, November 3, 2026, for the purposes described herein, and to render specified services to the City relating to the conduct of said election. The Registrar of Voters is hereby authorized to canvass the returns of said General Municipal Election of November 3, 2026. Pursuant to California Elections Code Sections 10403 and 10418, the Election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.

SECTION 10. Candidate Statements.

Page 466 ends

Item 20.

Resolution No. 2026-40

Page 3 ends

A. Pursuant to Sections 13307 and 13008 of the Election Code of the State of California, each candidate for elective office to be voted for may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself/herself. Such statement shall not include party affiliation of the candidate, or membership of activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. Such statement shall be filed in the Office of the City Clerk, with payment of applicable fees, at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m., the next working day after the close of the nomination period.

B. Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate’s statements into the following languages: (Spanish) C. The County will print and mail sample ballots and candidates’ statements to all voters in Spanish and any other required translation languages to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

D. Translations:

1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 10 above pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or (B) of Section 10 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.

E. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) and/or (B) of Section 10 above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate in the main voter pamphlet.

Page 467 ends

Item 20.

Resolution No. 2026-40

Page 4 ends

4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) and/or (B) of Section 10 above, in the facsimile voter pamphlet.

F. Estimate, Deposit and Payment:

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements, the fee shall be paid at the time of filing said statement. The Riverside County Registrar of Voters estimate cost is $600.00. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

G. Miscellaneous:

1. All translations shall be provided by professionally-certified translators.

2. The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphens) to the same extent and manner as allowed in previous City elections.

3. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

4. No candidate will be permitted to include additional materials in the sample ballot package.

5. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 11. The City Clerk is hereby directed to forward without delay to said Registrar of Voters, a certified copy of this Resolution.

SECTION 12. That the City Clerk shall certify to the passage and adoption of this Resolution, enter the same in the book of original Resolutions of said City, and make a minute of

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Resolution No. 2026-40

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the passage and adoption hereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 24
th day of June 2026.
___________________________________
Frank Figueroa
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER
___________________________________
City Attorney

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Resolution No. 2026-40

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STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2026-40 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 24 th day of June
2026, by the following vote of Council:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk

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Item 20.

STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Andrew Simmons, P.E., Public Works Director/City Engineer SUBJECT: Storm Drain Maintenance Services Agreement with Tri-Star Contracting II, in the amount not to exceed $225,000.00 for Storm Drain Maintenance Services for Streets, Parks, Facilities, and Outlets, Project No. PW 2026-04.

STAFF RECOMMENDATION:

Authorize City Manager to execute a Storm Drain Maintenance Services Agreement with Tri-Star Contracting II, in the amount not to exceed $225,000.00 for Storm Drain Maintenance Services for Streets, Parks, Facilities, and Outlets, Project No. PW 2026-04, subject to reasonable and acceptable minor modifications as approval to form by City Attorney.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Storm Drain Maintenance Services for Streets, Parks, Facilities, and Outlets, Project No. PW 2026-04 in May 2026. This RFP closed on June 11, 2026 and the City received Three proposals. Of the proposals that were received, Three proposals were responsive and evaluated based on the criteria described below. As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a four-member staff selection panel.

Each panelist member scored all responsive proposals received per the evaluation criteria established in the RFP:

Proposal Rating Criteria (Total Possible Score of 100)
 Contractor Information – 30 Points
 References – 15 Points
 Proposed Facilities, Equipment, Materials, and Staffing Schedule – 25 Points  Cost Proposal – 25 Points
 Completeness, Thoroughness, Clarity, and Neatness of Proposal – 5 Points

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Based on the selection criteria the proposer selected was Tri-Star Contracting II. The scores for each proposer are reflected below:

Staff recommends award of the Storm Drain Maintenance agreement in an amount not to exceed $ 225,000 (three-year term) to Tri-Star Contracting II.; the recommended award amount is the three-year contract amount of $75,000 per year. The term for the proposed agreement is from July 1, 2026 – June 30, 2029.

FISCAL IMPACT:

No fiscal impact. The storm drain maintenance services have been included in the FY 26/27 budget.

ATTACHMENTS:

1. Maintenance Service Agreement

2. Tri-Star Contracting II Proposal
Criteria Possible
Points
CV Pipeline Tri-Star Downstream

1. Contractor Information (Including References) 30 25 25 22.5

2. References 15 12.3 13.8 11.3

3. Proposed Facilities, Equipment, Materials, and Staffing Schedule 25 20.8 21.8 17.5

4. Cost Proposal 25 25 22.8 17

5. Completeness, Thoroughness, Clarity, and Neatness of Proposal 5 3.3 3.5 4.5
TOTAL SCORE (To be tallied by project manager) 100 86.4 86.8 72.8

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CITY OF COACHELLA

CONTRACT AGREEMENT FOR STORM DRAIN SYSTEM MAINTENANCE SERVICES FOR CITY FACILITIES & STREETS, RFP NO. PW 2026-04
This Contract for Storm Drain Maintenance Services (“Contract”), is made and entered into this 24th day of June, 2026, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Tri-Star Contracting II, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1.1 SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in The Project RFP and Appendices.

STORM DRAIN SYSTEM MAINTENANCE SERVICES FOR CITY FACILITIES & STREETS RFP NO. PW 2026-04
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

1.2 CONTRACT DURATION.
a. The contract duration for the specified services shall be for a period of Three (3) years, with the option, at the City’s sole discretion, to extent the contract for up to Two (2) additional One (1) year terms under the same terms and conditions. The term of the agreement shall be from July 1, 2026 to June 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor 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.

1.3 CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, as per the Rates as listed in the attached Proposal Schedule. The City will pay to Contractor compensation based upon the prices set forth in the Proposal Schedule along with Reimbursable Water Meter, Water, and Legal Disposal Fees upon completion of work and presentation of receipts for such items. The total compensation shall not exceed Two Hundred Twenty-Five Thousand Dollars ($225,000) without written approval of City Manager.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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1.4 COMPONENT PARTS OF THE AGREEMENT
The “Contract Documents” include the following:

Notice Inviting Proposal
Instructions to Proposers
Proposal Forms
Proposal Acknowledgement
Proposal Schedule
Information Required of Proposers
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Public Works Contractor DIR Registration Certification
Contract Agreement
Addenda
Approved and fully executed Amendments
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

1.5 PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

1.6 INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

1.7 PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

1.8 FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within

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their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By: ___________ _____
Gustavo Romo
City Manager
ATTEST:

By:

Angela Zepeda
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

TRI-STAR CONTRACTING II

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed
Name:

By:

Its:

Printed
Name:
____________909195__________________
Contractor’s License Number and
Classification
________1000004952___________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , , before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Item 21.

STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Andrew Simmons, P.E., Public Works Director/City Engineer SUBJECT: Storm Drain Maintenance Services Agreement with CV Pipeline Corp. in the amount not to exceed $579,900 for Storm Drain Maintenance Services for Landscape and Lighting Management Districts (LLMD) Project No. LLMD 2026-02.

STAFF RECOMMENDATION:

Authorize City Manager to execute a Storm Drain Maintenance Services Agreement with CV Pipeline Corp. in the amount not to exceed $579,900.00 for Storm Drain Maintenance Services for Landscape and Lighting Management Districts (LLMD’s) Project No. LLMD 2026-02, subject to reasonable and acceptable minor modifications as approval to form by City Attorney.

EXECUTIVE SUMMARY:

The City published a Request for Proposals (“RFP”) for Storm Drain Maintenance Services for Landscape and Lighting Management Districts (LLMD’s) Project No. LLMD 2026-02 in May 2026. This RFP closed on June 11, 2026 and the City received Three proposals. Of the proposals that were received, Three proposals were responsive and evaluated based on the criteria described below. As included in the RFP, the selection criteria used to identify the most qualified Proposer was based upon the highest scoring proposer; scoring was completed based upon a four-member staff selection panel. Each panelist member scored all responsive proposals received per the evaluation criteria established in the RFP:

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Item 22.

Based upon these selection criteria, the top ranked proposer selected was CV Pipeline Corp. The scores for each proposer are reflected below:

Staff recommends award of the landscape maintenance agreement in an amount not to exceed $579,900.00 (three-year term) to CV Pipeline Corp.; the recommended award amount is the three-year contract amount of $193,300 per year. The term for the proposed agreement is from July 1, 2026 – June 30, 2029.

FISCAL IMPACT:

No fiscal impact. The storm drain maintenance services have been included in the FY 26/27 budget.

ATTACHMENTS:

1. Maintenance Service Agreement

2. CV Pipeline Proposal
Criteria Possible
Points
CV Pipeline Tri-Star Downstream

1. Contractor Information (Including References) 30 25 22.8 21.3

2. References 15 13.8 13 11.3

3. Proposed Facilities, Equipment, Materials, and Staffing Schedule 25 20.8 19 17.5

4. Cost Proposal 25 24.3 19.5 15

5. Completeness, Thoroughness, Clarity, and Neatness of Proposal 5 2.8 3.8 4.3
TOTAL SCORE (To be tallied by project manager) 100 86.7 78.1 69.4

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Item 22.

CITY OF COACHELLA

CONTRACT AGREEMENT FOR STORM DRAIN MAINTENANCE FOR LANDSCAPE & LIGHTING MAINTENANCE DISTRICTS (LLMD), RFP NO. LLMD 2026-02 This Contract for Storm Drain Maintenance Services (“Contract”), is made and entered into this 24th day of June, 2026, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53462 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and CV Pipeline Corp., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1.1 SCOPE OF WORK.

STORM DRAIN MAINTENANCE FOR

LANDSCAPE & LIGHTING MAINTENANCE DISTRICTS (LLMD)
RFP NO. LLMD 2026-02
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

1.2 CONTRACT DURATION.

The contract duration for the specified services shall be for a period of Three (3) years, with the option, at the City’s sole discretion, to extent the contract for up to Two (2) additional One (1) year terms under the same terms and conditions. The Term of this Agreement shall be from July 1, 2026 to June 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Contractor 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.

1.3 CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, as per the Rates as listed in the attached Proposal Schedule. The City will pay to Contractor compensation based upon the prices set forth in the Proposal Schedule along with Reimbursable Water Meter, Water, and Legal Disposal Fees upon completion of work and presentation of receipts for such items. The total compensation shall not exceed Five Hundred Seventy-Nine Thousand Nine Hundred Dollars ($579,900.00) without written approval of City Manager. Extra work may be authorized, as described below, and if authorized, will be compensated at rates and manner set forth in this Agreement.

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1.4 COMPONENT PARTS OF THE AGREEMENT
The “Contract Documents” include the following:

1.5 PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

1.6 INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

1.7 PREVAILING WAGES.

1.8 FALSE CLAIMS.

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their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By: ________________
Gustavo Romo
City Manager
ATTEST:

By:

Angela Zepeda
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
CV PIPILINE CORP.

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed Name:

By:

Its:

Printed Name:
______1005900_________________________
Contractor’s License Number and Classification
______1000027249_____________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Item 22.

STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Lincoln Bogard, Finance Director
SUBJECT: Authorization to Execute a Software Subscription Agreement with Edwin Technologies Inc. for the Edwin Core Platform
STAFF RECOMMENDATION:

That the City Council authorize the City Manager to execute a Software Subscription Agreement with Edwin Technologies Inc. for the Edwin Core Platform, in a total not-to-exceed amount of $64,773 over a three-year term commencing July 1, 2026.

EXECUTIVE SUMMARY:

The Finance Department recommends approval of a three-year Software Subscription Agreement with Edwin Technologies Inc. (Edwin) for the Edwin Core Platform, a cloud-based treasury and financial management tool purpose-built for local government agencies. The initial deployment will focus on automated bank-to-general ledger (GL) reconciliation across the City's operating and investment accounts, with full ERP system integration. Edwin is offering Year 1 at a net subscription fee of $12,500, reflecting a six-month promotional credit applied to the $25,000 annual list price. Year 2 is $25,750 and Year 3 is $26,523, for a total three-year contract value of $64,773. The agreement includes a Year 1 termination-for-convenience provision with pro-rata refund protection, limiting the City's financial exposure during the initial pilot period.

BACKGROUND:

The Finance Department has been actively working to strengthen internal controls, reduce manual processes, and improve the accuracy and timeliness of financial reporting. A key area identified for improvement is the bank reconciliation process, which currently requires significant staff time and is subject to the delays and errors inherent in manual workflows. In conjunction with the City's upcoming ERP system go-live, staff identified automated bank reconciliation as a high-priority operational capability. Staff evaluated the Edwin Core Platform as a purpose-built solution for public sector treasury and finance operations. Edwin Technologies Inc. is headquartered at 730 Arizona Ave, Santa Monica, CA 90401. The platform is SOC 2 compliant, hosted on AWS infrastructure, and designed specifically for the operational needs of municipal finance teams.

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DISCUSSION/ANALYSIS:

The Edwin Core Platform provides automated workflows and reporting tools that enable agencies to streamline financial operations and review cash and investment portfolios against benchmarks.

For the City of Coachella, the Year 1 deployment focuses on the following capabilities: (1) automated bank-to-GL reconciliation across operating and investment accounts; (2) ERP integration and reconciliation workflow configuration; (3) deposit-in-transit identification, aging, and clearing logic; (4) exception management with full audit trail and approval workflows; and (5) implementation, finance team training, and ongoing customer support. The broader Edwin Core capability set—including real-time cash and investment visibility, policy-aligned investment compliance checks, peer-agency benchmarking, automated ACFR-ready reporting, cash forecasting, and month-end close support—will be available to the finance team throughout the engagement. The proposed agreement runs from July 1, 2026 through July 1, 2029. Year 1 is structured as a pilot: Edwin is providing a six-month promotional credit, reducing the net Year 1 cost to $12,500. During Year 1, the City may terminate for convenience at any time and receive a pro-rata refund of any prepaid fees for the unused portion of the year. Auto-renewal provisions do not apply unless the City affirmatively elects to continue beyond the initial pilot term. Following the pilot year, the agreement auto-renews for successive one-year periods unless the City provides written notice of termination at least thirty (30) days prior to the end of the then-current service period. Edwin provides technical support via phone and email on weekdays from 9:00 a.m. to 5:00 p.m. Pacific Time, excluding federal holidays. The platform is intended to be available 24 hours a day, seven days a week, except for planned or emergency maintenance windows. Because the total three-year contract value of $64,773 exceeds the City Manager's current purchasing authority of $25,000, City Council authorization is required.

SOLE SOURCE JUSTIFICATION:

Edwin Technologies Inc. is a specialized provider of public sector treasury management software whose Edwin Core Platform was purpose-built for local government agencies. The platform offers a unique combination of automated bank-to-GL reconciliation, ERP integration, real-time cash and investment visibility, policy-aligned investment compliance monitoring, and municipal peer benchmarking. Staff conducted a market review and is not aware of a commercially available alternative that provides equivalent functionality, SOC 2 Type II compliance, and demonstrated municipal deployment experience at a comparable scope and price point. Because no other vendor offers a substantially equivalent product capable of meeting the City’s operational requirements, this procurement qualifies as a sole source acquisition consistent with the City’s purchasing policies, which authorize direct award where competitive procurement is not feasible and the proposed vendor possesses specialized capabilities not reasonably available elsewhere. A Sole Source Justification memorandum prepared by the Finance Director is on file with the City Clerk and incorporated herein by reference.

TIME IS OF THE ESSENCE:

Time is of the essence with respect to this agreement. The Edwin Core Platform is scheduled to go live on July 1, 2026, timed to coincide with the City’s ERP system implementation kickoff on August 1, 2026. Delaying contract execution would (1) forfeit the six-month promotional credit

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extended by Edwin, valued at $12,500; (2) disrupt the coordinated implementation timeline and staff training schedule; and (3) require the Finance Department to continue performing bank reconciliation manually during the ERP transition period, a time of heightened operational complexity. Edwin has advised that the introductory promotional pricing structure is contingent upon contract execution on or before June 30, 2026. Staff therefore recommends that the City Council authorize execution at the June 24, 2026 Regular Meeting so that the July 1, 2026 implementation date may be achieved and the full financial and operational benefits of the agreement realized.

ALTERNATIVES:

1. Authorize the City Manager to execute the Software Subscription Agreement with Edwin Technologies Inc. for the Edwin Core Platform as presented, in a total not-to-exceed amount of $64,773 over three years commencing July 1, 2026. (Recommended)

2. Direct staff to issue a formal Request for Proposals (RFP) for automated bank reconciliation software prior to contract execution. This alternative would delay implementation beyond the July 1, 2026 target date and forgo the introductory pricing offered by Edwin.

3. Decline to enter into the agreement and continue performing bank reconciliation manually using existing staff resources. This alternative foregoes the efficiency gains, audit trail improvements, and ERP integration benefits associated with automated reconciliation.

4. Take no action at this time. This alternative would delay the City's ability to implement automated reconciliation in conjunction with the ERP go-live and may result in missed operational and financial efficiencies.

FISCAL IMPACT:

The total three-year contract value is $64,773. Annual net subscription fees are as follows: Year 1 (July 1, 2026 – June 30, 2027) – $12,500; Year 2 (July 1, 2027 – June 30, 2028) – $25,750; Year 3 (July 1, 2028 – June 30, 2029) – $26,523. Funding will be drawn from the Finance Department's operating budget. No budget amendment is needed for Year 1. It is in the Requested Budget for Fiscal Year 2026-27 Appropriations for Years 2 and 3 will be included in the respective annual budget adoption processes. In the event the City exercises its Year 1 termination-for-convenience right, financial exposure is limited to the pro-rata cost of services rendered.

RECOMMENDED ALTERNATIVE(S):

Alternative 1 is recommended. The Edwin Core Platform provides purpose-built automation for public sector bank reconciliation at a favorable introductory price, with a Year 1 termination-forconvenience provision that limits financial risk to the City. Implementation is timed to coincide with the City's ERP go-live, maximizing operational efficiency from the outset. Staff believes this agreement represents sound fiscal stewardship and a meaningful enhancement to the City's financial operations.

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CITY OF COACHELLA
Office of the Finance Director

MEMORANDUM
DATE: June 24, 2026
TO: City Clerk, City of Coachella
FROM: Lincoln Bogard, Finance Director
SUBJECT: Sole Source Justification — Software Subscription Agreement with Edwin Technologies Inc. for the Edwin Core Platform
I. PURPOSE
This memorandum provides a formal sole source justification for the City of Coachella's procurement of the Edwin Core Platform from Edwin Technologies Inc. ("Edwin"), pursuant to the City's purchasing policies governing sole source acquisitions. This memorandum is submitted for filing with the City Clerk and is incorporated by reference into the Staff Report presented to the City Council at the June 24, 2026 Regular Meeting.

II. DESCRIPTION OF PROCUREMENT
The Finance Department seeks to enter into a three-year Software Subscription Agreement with Edwin Technologies Inc. for access to the Edwin Core Platform, a cloud-based treasury and financial management system purpose-built for local government agencies. The agreement covers the period July 1, 2026 through July 1, 2029, with a total not-to-exceed contract value of $64,773.

The Edwin Core Platform delivers the following capabilities:
● Automated bank-to-general ledger (GL) reconciliation across operating and investment accounts;
● ERP system integration and reconciliation workflow configuration; ● Deposit-in-transit identification, aging, and clearing logic; ● Exception management with full audit trail and approval workflows; ● Real-time cash and investment portfolio visibility;
● Policy-aligned investment compliance monitoring and benchmarking against peer agencies;
● Automated reporting, including ACFR-ready treasury reports and cash forecasting; and ● Implementation services, staff training, and ongoing technical support.

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Item 23.

Year 1 is structured as a pilot engagement, with Edwin providing a six-month promotional credit that reduces the net Year 1 subscription fee to $12,500. The City retains a termination-forconvenience right during Year 1, with a pro-rata refund of any prepaid fees for the unused portion of the period.

III. SOLE SOURCE JUSTIFICATION
Category of Sole Source: Proprietary / Unique Capability — No Commercially Available Equivalent.

Edwin Technologies Inc. is the exclusive developer and licensor of the Edwin Core Platform. The platform represents a proprietary, integrated software solution that combines municipal treasury automation, ERP reconciliation workflow management, investment policy compliance monitoring, and peer-agency benchmarking in a single, SOC 2 Type II compliant, cloud-hosted system designed specifically for public sector agencies. This combination of capabilities is not available through any other single commercial product in the government technology marketplace known to staff.

The Edwin Core Platform is named after Edwin Sydney Stuart, a public official recognized for fiscal integrity and oversight. The platform is built specifically around the operational workflows, compliance requirements, and reporting obligations of local government finance departments. This public-sector-first design philosophy is fundamental to the product's architecture and distinguishes it from general-purpose enterprise reconciliation or treasury tools that require significant customization to approximate equivalent functionality in a governmental context.

IV. MARKET REVIEW
Prior to recommending this procurement, the Finance Director conducted an informal market review of available software solutions for automated bank reconciliation and treasury management in the local government sector. The review examined general-purpose enterprise reconciliation platforms, as well as government-specific financial management tools. Key findings are summarized below.

General-Purpose Reconciliation Platforms: Enterprise reconciliation tools available in the commercial market (such as those commonly used in private-sector treasury or accounting environments) are designed for corporate finance structures and lack native integration with governmental ERP systems, fund accounting workflows, and California-specific municipal reporting requirements. Adapting such products to the City's environment would require substantial custom development, professional services, and ongoing maintenance at a cost that would exceed the Edwin subscription price without delivering equivalent out-of-the-box functionality.

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Government ERP Vendor Modules: The City's ERP system vendor does not offer a native automated reconciliation module with the bank-aggregation, exception-workflow, and investmentmonitoring capabilities provided by Edwin Core. Staff confirmed with the ERP vendor that no comparable built-in module is available within the existing contract scope or at a comparable cost.

Other Government-Focused Treasury Platforms: Staff is not aware of another vendor offering a SOC 2 compliant, cloud-based platform that combines automated bank reconciliation, investment policy compliance, peer-agency benchmarking, and ACFR-ready reporting in a single subscription product designed for California municipal agencies at this price point. The Edwin Core Platform's integration with the City's forthcoming ERP system, combined with its demonstrated municipal deployment experience, further distinguishes it from alternatives.

Based on the foregoing review, staff concludes that no competitive solicitation would be reasonably expected to yield a substantially equivalent product, and that issuance of a Request for Proposals (RFP) would not produce meaningful competition for this specific scope of services.

V. COST REASONABLENESS
The Finance Director has determined that the proposed contract pricing is fair and reasonable based on the following considerations:

Contract Year List Annual Fee Net Subscription Fee Notes Year 1 $25,000 $12,500 6-month promotional credit; pilot term with termination-forconvenience
Year 2 $25,750 $25,750 3% annual increase
Year 3 $26,523 $26,523 3% annual increase
Total $77,273 $64,773 Net savings of $12,500 vs. list
price
The Year 1 promotional pricing reflects a $12,500 reduction from the standard annual list price of $25,000, negotiated in connection with the City serving as an early-stage municipal deployment partner. Annual increases for Years 2 and 3 are capped at 3%, consistent with standard inflation adjustments common in government software subscription agreements. The Finance Director has reviewed the pricing and finds it reasonable in relation to the scope, complexity, and market context of the services to be provided.

VI. CERTIFICATION
I, Lincoln Bogard, Finance Director for the City of Coachella, hereby certify that:

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Coachella City CouncilJune 24, 2026

Coachella City Council
June 24, 2026