Item 23.
● The Edwin Core Platform, as described above, is available only from Edwin Technologies Inc., and no other vendor is known to offer a commercially available product providing substantially equivalent capabilities in the local government market; ● A competitive solicitation process would not be expected to produce meaningful competition for this scope of services;
● The proposed pricing has been reviewed and determined to be fair and reasonable; and ● This procurement is in the best interest of the City of Coachella. ________________________________
Lincoln Bogard, Finance Director
City of Coachella
Date: ___________________________
This memorandum is on file with the City Clerk and incorporated by reference into the Staff Report for the June 24, 2026 Regular City Council Meeting, Agenda Item: Authorization to Execute a Software Subscription Agreement with Edwin Technologies Inc.
Item 23.
MAKING PUBLIC MONEY WORK HARDER
Proposal: Edwin Core Platform
Prepared for the City of Coachella
Prepared for Lincoln Bogard, Finance Director, City of Coachella Prepared by Peter, Co-Founder and CEO, Edwin Technologies Date April 27, 2026
PRODUCT OVERVIEW
Edwin Core enables agencies to streamline financial operations and review cash and investment portfolios against benchmarks through automated workflows and reporting. For the City of Coachella, the initial deployment will focus on automated reconciliation, with the broader Edwin Core capability set available to the finance team throughout the engagement.
YEAR 1 FOCUS: RECONCILIATION
• Automated bank-to-GL reconciliation across operating and investment accounts • ERP integration and reconciliation workflow configuration • Deposit-in-transit identification, aging, and clearing logic • Exception management with full audit trail and approval workflows • Implementation, finance team training, and ongoing customer support
PRICING
Contract Year
List Annual
Subscription Fee
Promotional Credit
Net Subscription
Fee
Notes
Year 1 $25,000
Six (6) months
complimentary
$12,500
Introductory pricing; net fee
reflects six paid months.
Pro-rata cancellation in Year
1. Year 2 $25,750 None $25,750
3% increase over Year 1 list
price.
Year 3 $26,523 None $26,523
3% annual inflation
adjustment.
TIMELINE AND NEXT STEPS
1. This week: Internal review of this one-page proposal by the City
2. Next week: Edwin delivers the full documentation package, including detailed scope of work, security and compliance documentation, and municipal references
3. May 2026: Procurement and legal review
4. June 2026: Contract execution
5. July 1, 2026: Implementation kickoff and Year 1 engagement begins We appreciate the opportunity to partner with the City of Coachella and look forward to delivering measurable value from day one.
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EDWIN SUBSCRIPTION
INITIAL ORDER FORM
Edwin Technologies Inc. “Edwin” ORDER FORM for City of Coachella (“Customer”)
730 Arizona Ave
Santa Monica, CA 90401
Offer valid through: May 31, 2026
Proposed by: Peter Rogers
Quote Number: 113
Bill to:
City of Coachella
1515 Sixth Street
Coachella, CA 92236
Customer’s Company Name: City of Coachella Billing Phone: (760) 398-3502 Billing Contact Name: Lincoln Bogard
Billing Email Address: [email protected]
PRODUCTS AND SERVICES:
Item Start Date End Date Description
Edwin Core 7/1/2026 7/1/2029 Edwin Core enables agencies to streamline financial operations and review cash and investment portfolios against benchmarks through automated workflows and reporting.
PRICING:
Contract Year
List Annual
Subscriptio
n Fee
Promotional Credit
Net
Subscriptio
n Fee
Notes
Year 1 $25,000 Six (6) months
complimentary $12,500
Introductory pricing; net fee
reflects six paid months.
Pro-rata cancellation in Year
1. Year 2 $25,750 None $25,750 3% increase over Year 1 list price
Year 3 $26,523 None $26,523 3% annual inflation
adjustment
SPECIFIC TERMS (IF ANY):
Pilot Termination for Convenience (Year 1):
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During the first year of the Agreement, Customer may terminate the Agreement at any time, for convenience, upon written notice and will receive a pro-rata refund of any prepaid fees for the unused portion of the first year.
Auto-renewal provisions will not apply unless Customer affirmatively elects to continue beyond the initial pilot term.
Upon renewal, the annual price for the products and headcount bucket listed in this Order Form shall increase by 3% over the annual price of the final year of the Service Term of this Order Form.
Auto Renewal: This Order Form shall automatically renew for successive one-year periods following the initial pilot term, unless Customer provides Edwin with written notice of intent to terminate at least thirty (30) days prior to the end of the Service Period or the then-current Renewal Term. ***
SOFTWARE SUBSCRIPTION AGREEMENT
This Software Subscription Agreement (this “Agreement”) is entered into and effective as of the last date of execution below (the “Effective Date”) between Edwin Technologies Inc. (“Edwin”) and the customer listed above on this initial Order Form (“Customer”). Edwin and Customer may be referred to herein collectively as the “Parties” or individually as a “Party”. This Agreement includes and incorporates the above initial Order Form, as well as the attached Edwin Subscription Terms and Conditions. The Parties may from time to time supplement this Agreement with additional modules, products or services by mutually executing one or more additional written Order Forms. Each Order Form will expressly reference this Agreement and is hereby incorporated by reference into this Agreement. In the event of any conflict or inconsistency between an Order Form and the Terms and Conditions, the Terms and Conditions shall prevail unless the Order Form expressly states that it will supersede the Terms and Conditions with respect to any particular provision. Except as expressly required by applicable law, any terms and conditions in any purchase order or other ordering document issued by Customer that are inconsistent with or in addition to the terms and conditions of the Agreement are hereby rejected by the Parties and will be deemed null and of no effect.
By signing below, Customer hereby agrees to be bound by the terms of the Agreement, and the signatory below represents and warrants to Edwin that they have the authority to bind Customer to the Agreement.
EDWIN TECHNOLOGIES INC: CITY OF COACHELLA:
By: By:
Name: Name:
Title: Title:
Date: Date:
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EDWIN SUBSCRIPTION TERMS AND CONDITIONS
These Edwin Subscription Terms and Conditions form part of the Agreement between Edwin and Customer and govern access to and use of the Edwin Platform by Customer and its Authorized Users.
1. DEFINITIONS.
(a) “Aggregate Data” means any data that is derived or aggregated in deidentified form from (i) any Customer Materials; or (ii) Customer’s and/or its Authorized Users’ use of the Edwin Platform, including, without limitation, any usage data or trends with respect to the Edwin Platform.
(b) “Authorized User” means an employee or contractor or other authorized representative whom Customer has authorized to use the Edwin Platform. (c) “Edwin IP” means the Edwin Platform, the underlying software provided in conjunction with the Edwin Platform, algorithms, AI models, AI systems, interfaces, technology, databases, tools, know-how, processes and methods used to provide or deliver the Edwin Platform or any Implementation Services, Documentation and Aggregate Data, all improvements, modifications or enhancements to, or derivative works of, the foregoing (regardless of inventorship or authorship), and all Intellectual Property Rights in and to any of the foregoing. (d) “Edwin Platform” means Edwin’ cloud-based software platform that provides daily cash and investment visibility, bank and investment account aggregation, automated reconciliation workflows, reporting tools, and related analytics for municipal treasury and finance operations, as more particularly described or identified in the applicable Order Form, including any updates, patches, bug fixes and upgrades to the Edwin Platform as made available to Customer by Edwin.
(e) “Customer Materials” means all information, data, content and other materials, in any form or medium, that is submitted, posted, collected, transmitted or otherwise provided by or on behalf of Customer through the Edwin Platform or to Edwin in connection with Customer’s use of the Edwin Platform, but excluding, for clarity, Aggregate Data and any other information, data, data models, content or materials owned or controlled by Edwin and made available through or in connection with the Edwin Platform.
(f) “Documentation” means the operator and user manuals, training materials, specifications, minimum system configuration requirements, compatible device and hardware list and other similar materials in hard copy or electronic form if and as provided by Edwin to Customer (including any revised versions thereof) relating to the Edwin Platform, which may be updated from time to time upon notice to Customer.
(g) “Implementation Services” means the implementation and related services, if any, to be provided by Edwin to Customer as set forth in the relevant Order Form. (h) “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), inventions, copyrights, trade secrets, know-how, data and
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database rights, mask work rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.
(i) “Order Form” means a (i) mutually executed order form or other mutually agreed upon ordering document; or (ii) quote issued by Edwin and accepted by Customer, in each case which references this Agreement and sets forth the applicable Edwin Platform and/or Implementation Services to be provided by Edwin.
2. EDWIN PLATFORM; ACCESS AND USE.
(a) Edwin Platform. Subject to, and conditioned upon Customer’s compliance with, the terms and conditions of this Agreement, Edwin hereby grants Customer a limited, nonexclusive, non-transferable (except in compliance with Section 13(f)) right to access and use the Edwin Platform during the Term, solely for Customer’s internal operational purposes. (b) Use Restrictions. Customer will not at any time and will not permit any other person (including, without limitation, Authorized Users) to, directly or indirectly: (i) use the Edwin Platform in any manner beyond the scope of rights expressly granted in this Agreement; (ii) modify or create derivative works of the Edwin Platform or Documentation, in whole or in part; (iii) decipher, reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Edwin Platform, or any components, models, algorithms or systems used to provide the Edwin Platform, in whole or in part; (iv) frame, mirror, sell, resell, rent or lease use of the Edwin Platform to any other person, or otherwise allow any person to use the Edwin Platform for any purpose other than for the benefit of Customer in accordance with this Agreement; (v) use the Edwin Platform, Output, or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any person, or that violates any applicable law; (vi) interfere with, or disrupt the integrity or performance of, the Edwin Platform, or any data or content contained therein or transmitted thereby; or (vii) access or search the Edwin Platform (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Edwin Platform features provided by Edwin for use expressly for such purposes; (viii) use the Edwin Platform, Documentation or any other Edwin Confidential Information for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Edwin Platform; (ix) use the Edwin Platform or any Output in a manner that violates the acceptable use policies of Edwin’ third-party providers (including the then-current AWS Acceptable Use Policy available at https://aws.amazon.com/aup/, AWS Responsible AI Policy available at https://aws.amazon.com/ai/responsible-ai/policy/, and Anthropic’s Usage Policy available at https://www.anthropic.com/legal/aup); or (x) utilize the Edwin Platform (including any AI models or derivatives thereof), Documentation or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping” or “model distillation”). (c) Authorized Users. Customer will not allow any person other than Authorized Users to access or use the Edwin Platform. Customer may permit Authorized Users to access and use the Edwin Platform, provided that Customer ensures each Authorized User complies with all
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applicable terms and conditions of this Agreement and Customer is responsible for acts or omissions by Authorized Users in connection with their use of the Edwin Platform. Customer will, and will require all Authorized Users to, use all reasonable means to secure user names and passwords, hardware and software used to access the Edwin Platform in accordance with customary security protocols, and will promptly notify Edwin if Customer knows or reasonably suspects that any user name and/or password has been compromised. (d) Third-Party Services. Certain features and functionalities within the Edwin Platform may allow Customer and its Authorized Users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”) through the Edwin Platform. Edwin does not provide any aspect of the Third-Party Services and is not responsible for any compatibility issues, errors or bugs in the Edwin Platform or Third-Party Services caused in whole or in part by the Third-Party Services or any update or upgrade thereto. Customer is solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for Customer to use the Third-Party Services in connection with the Edwin Platform.
(e) Reservation of Rights. Subject to the limited rights expressly granted hereunder, Edwin reserves and, as between the Parties will solely own, the Edwin IP and all rights, title and interest in and to the Edwin IP, and to the Edwin Platform, including all AI models and AI systems.
No rights are granted to Customer hereunder (whether by implication, estoppel, exhaustion or otherwise) other than as expressly set forth herein.
(f) Feedback. From time to time Customer or its employees, contractors, or representatives may provide Edwin with suggestions, comments, feedback or the like with regard to the Edwin Platform (collectively, “Feedback”). Customer hereby grants Edwin a perpetual, irrevocable, royalty-free and fully-paid up license to use and exploit all Feedback in connection with Edwin’ business purposes, including, without limitation, the testing, development, maintenance and improvement of the Edwin Platform.
3. FEES AND PAYMENT.
(a) Fees. Customer will pay Edwin the non-refundable fees set forth in the relevant Order Form in accordance with the terms therein (“Fees”) and without offset or deduction. Except as otherwise provided in the relevant Order Form, Edwin will issue annual invoices to Customer during the Term, and Customer will pay all amounts set forth on any such invoice no later than thirty (30) days after the date of such invoice. Customer shall not be responsible for any amount exceeding the Fees specified in the Order Form unless Parties agree in writing to modify the amount of the Fees. For the avoidance of doubt, annual Fees are invoiced in advance and are nonrefundable; accordingly, Fees paid for the then-current annual term are not subject to refund or proration upon any termination, including termination for convenience. (b) Payments. Payments due to Edwin under this Agreement must be made in U.S. dollars by check, wire transfer of immediately available funds to an account designated by Edwin or such other payment method mutually agreed by the Parties. All payments are non-refundable and neither Party will have the right to set off, discount or otherwise reduce or refuse to pay any amounts due to the other Party under this Agreement. To the extent permitted by applicable law,
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if Customer fails to make any payment when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law and Edwin may suspend access to the Edwin Platform or performance of Implementation Services until all payments are made in full. Customer will reimburse Edwin for all reasonable costs and expenses incurred (including reasonable attorneys’ fees) in collecting any late payments or interest. (c) Taxes. Customer is responsible for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, multinational or local governmental regulatory authority on any amount payable by Customer to Edwin hereunder, other than any taxes imposed on Edwin’ income. Without limiting the foregoing, in the event that Customer is required to deduct or withhold any taxes from the amounts payable to Edwin hereunder, Customer will pay an additional amount, so that Edwin receives the amounts due to it hereunder in full, as if there were no withholding or deduction, unless Customer provides Edwin with a valid certificate of exemption or similar document exempting Customer from such taxes.
4. CONFIDENTIAL INFORMATION.
(a) Definitions. As used herein, “Confidential Information” means any information that one Party (the “Disclosing Party”) provides to the other Party (the “Receiving Party”) in connection with this Agreement, whether orally or in writing, that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure. For clarity, the Edwin Platform and the Documentation will be deemed Confidential Information of Edwin. However, Confidential Information will not include any information or materials that: (i) were, at the date of disclosure, or have subsequently become, generally known or available to the public through no act or failure to act by the Receiving Party; (ii) were rightfully known by the Receiving Party prior to receiving such information or materials from the Disclosing Party; (iii) are rightfully acquired by the Receiving Party from a third party who has the right to disclose such information or materials without breach of any confidentiality or non-use obligation to the Disclosing Party; or (iv) are independently developed by or for the Receiving Party without use of or access to any Confidential Information of the Disclosing Party. (b) Obligations and Permitted Disclosures. The Receiving Party will maintain the Disclosing Party’s Confidential Information in strict confidence, and will not use the Confidential Information of the Disclosing Party except as necessary to perform its obligations or exercise its rights under this Agreement; provided that Edwin may use and modify Confidential Information of Customer in deidentified form for purposes of developing and deriving Aggregate Data. The Receiving Party will not disclose or cause to be disclosed any Confidential Information of the Disclosing Party, except (i) to those employees, representatives, or contractors of the Receiving Party who have a bona fide need to know such Confidential Information to perform under this Agreement and who are bound by written agreements with use and nondisclosure restrictions at least as protective as those set forth in this Agreement, or (ii) as such disclosure may be required by the order or requirement of a court, administrative agency or other governmental body, subject to the Receiving Party providing to the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or otherwise contest the disclosure.
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(c) Duration. Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five (5) years from the date first disclosed to the Receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of nondisclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. (d) Disclosure for Due Diligence. The terms and conditions of this Agreement will constitute Confidential Information of each Party but may be disclosed on a confidential basis to a Party’s advisors, attorneys, actual or bona fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes. (e) Public Records Laws. To the extent Customer is a government agency subject to the Freedom of Information Act 5 U.S.C. 552, or similar state public records laws, Edwin represents, and Customer acknowledges, that Edwin’ Confidential Information includes trade secrets or other data exempted from release due to competitive harm or based on the proprietary nature of the data. Notwithstanding the foregoing, nothing in the confidentiality obligations in Section 4 restricts Customer’s employees or subcontractors from lawfully reporting waste, fraud or abuse related to the performance of a government contract.
5. SUPPORT AND SERVICE LEVELS.
(a) Support. Edwin will provide Customer with reasonable technical support for the Edwin Platform in accordance with the support terms set forth in Attachment A. (b) Service Levels. Subject to the terms and conditions of this Agreement, Edwin will use commercially reasonable efforts to make the Edwin Platform available in accordance with the service levels set forth in Attachment A. Customer acknowledges and agrees that the service levels are performance targets only and any failure of Edwin to meet any service level will not result in any breach of this Agreement or any payment or liability of Edwin to Customer.
6. CUSTOMER MATERIALS, INPUT AND DATA.
(a) Ownership. Edwin acknowledges that, as between Customer and Edwin and except as set forth in Section 6(b), Customer owns and retains all right, title and interest in and to all Customer Materials. Customer will not upload into the Edwin Platform, enable use of the Edwin Platform with, or otherwise provide Edwin with access to, Customer Materials that are federal tax information subject to Internal Revenue Service Publication 1075, criminal justice information subject to the Federal Bureau of Investigation’s Criminal Justice Information Services Security Policy, or cardholder data within the meaning of the Payment Card Industry Data Security Standard (PCI DSS) (collectively, “Prohibited Data”). If Customer introduces or provides access to any such Prohibited Data, Customer is solely responsible for all sanitization costs incurred by Edwin or its affiliates, and any third party which Edwin uses to provide the Edwin Platform. (b) License. Customer hereby grants Edwin a non-exclusive, worldwide, royalty-free right and license to use, host, reproduce, display, perform, modify the Customer Materials solely for the purpose of hosting, operating, improving and providing the Edwin Platform,
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Implementation Services and Edwin’ other related products, services and technologies during the Term.
(c) Rights and Compliance. Customer represents and warrants that: (i) it has obtained and will obtain and continue to have, during the Term, all necessary rights, authority and licenses for the access to and use of the Customer Materials (including any personal data provided or otherwise collected pursuant to Customer’s privacy notice) as contemplated by this Agreement; (ii) Edwin’ use, provision, transmission, display or storage of the Customer Materials in accordance with this Agreement will not violate any applicable laws or regulations or cause a breach of any agreement or obligations between Customer and any third party; and (iii) Customer will not provide or permit Edwin access to any Prohibited Data. (d) Input and Output. The Edwin Platform may generate output for Customer (each, “Output”) in response to: (i) Customer’s interaction, request or input; or (ii) Customer Materials uploaded or submitted to influence the Output or Edwin Platform (collectively, “Input”). As between Customer and Edwin, to the extent permitted by applicable law and subject to Section 2(e): (1) Customer owns and is responsible for all Input that Customer provides; and (2) subject to Customer’s compliance with this Agreement (including Section 2(b)(x)), Edwin assigns to Customer any right, title and interest in and to the Output generated by Customer’s Input that Edwin might otherwise have. Customer may not represent that Output from the Edwin Platform was human-generated, nor may Customer sell or share for commercial benefit or purposes Output to any third parties. Edwin may use and modify Customer’s Input and Output to enforce this Agreement and any applicable acceptable use policies or usage policies (including those set forth in Section 2(b)(ix)), to provide, maintain, develop and improve the Edwin Platform and Implementation Services for Customer during the Term and to comply with applicable law.
7. REPRESENTATIONS AND WARRANTIES. Each Party hereby represents and warrants to the other Party that: (i) it is duly organized, validly existing and in good standing under its jurisdiction of organization and has the right to enter into this Agreement and (ii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby are within the corporate powers of such Party and have been duly authorized by all necessary corporate action on the part of such Party, and constitute a valid and binding agreement of such Party. Customer further represents and warrants to Edwin that it will use the Edwin Platform in accordance with Section 2(b).
8. INDEMNIFICATION.
(a) Edwin Indemnification. Subject to Section 8(b), Edwin will defend Customer against any claim, suit or proceeding brought by a third party (“Claims”) alleging that Customer’s use of the Edwin Platform infringes or misappropriates such third party’s Intellectual Property Rights, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer or agreed in settlement by Edwin (including reasonable attorneys’ fees) resulting from such Claim.
(b) Exclusions. Edwin’ obligations under Section 8(a) will not apply if the underlying third-party Claim arises from or as a result of: (i) Customer’s breach of this Agreement, negligence, willful misconduct or fraud; (ii) any Customer Materials; (iii) Customer’s failure to use any
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enhancements, modifications, or updates to the Edwin Platform that have been provided by Edwin; (iv) modifications to the Edwin Platform by anyone other than Edwin; or (v) combinations of the Edwin Platform with software, data or materials not provided by Edwin. (c) IP Remedies. If Edwin reasonably believes the Edwin Platform (or any component thereof) could infringe any third party’s Intellectual Property Rights, Edwin may, at its sole option and expense use commercially reasonable efforts to: (i) modify or replace the Edwin Platform, or any component or part thereof, to make it non-infringing; or (ii) procure the right for Customer to continue to use the Edwin Platform as contemplated in this Agreement. If Edwin determines that neither alternative is commercially practicable, Edwin may terminate this Agreement, in its entirety or with respect to the affected component, by providing written notice to Customer. In the event of any such termination, Edwin will refund to Customer a pro-rata portion of the Fees that have been paid for the unexpired portion. The rights and remedies set forth in this Section 8 will constitute Customer’s sole and exclusive remedy for any infringement or misappropriation of Intellectual Property Rights in connection with the Edwin Platform. (d) Customer Indemnification. Except to the extent prohibited by applicable law, including laws providing for the governmental immunity of municipal entities or limiting governmental liability, Customer will defend Edwin against Claims arising from (i) any Customer Materials, including, without limitation, (A) any Claim that the Customer Materials infringe, misappropriate or otherwise violate any third party’s Intellectual Property Rights or privacy or other rights; or (B) any Claim that the use, provision, transmission, display or storage of Customer Materials violates any applicable law, rule or regulation; and (ii) use of the Edwin Platform by Customer or its Authorized Users in a manner that is not in accordance with this Agreement or the Documentation, including, without limitation, any breach of the license restrictions in Section 2(b), and in each case, will indemnify and hold harmless Edwin against any damages and costs awarded against Edwin or agreed in settlement by Customer (including reasonable attorneys’ fees) resulting from such Claim.
(e) Indemnification Procedures. The Party seeking defense and indemnity (the “Indemnified Party”) will promptly (and in any event no later than thirty (30) days after becoming aware of facts or circumstances that could reasonably give rise to any Claim) notify the other Party (the “Indemnifying Party”) of the Claim for which indemnity is being sought, and will reasonably cooperate with the Indemnifying Party in the defense and/or settlement thereof. The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder (provided that the Indemnifying Party may not settle any Claim without the Indemnified Party’s prior written approval unless the settlement is for a monetary amount, unconditionally releases the Indemnified Party from all liability without prejudice, does not require any admission by the Indemnified Party, and does not place restrictions upon the Indemnified Party’s business, products or services). The Indemnified Party may participate in the defense or settlement of any such Claim at its own expense and with its own choice of counsel or, if the Indemnifying Party refuses to fulfill its obligation of defense, the Indemnified Party may defend itself and seek reimbursement from the Indemnifying Party. The foregoing obligation to provide sole right to conduct the defense of any Claim is subject to any applicable state statute governing control of litigation if Customer is a state or local government entity; however, in each case, Customer must make every effort to permit Edwin to participate fully in the defense or settlement of any claim covered in this Section 8.
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9. DISCLAIMER.
(a) General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE
EDWIN PLATFORM, IMPLEMENTATION SERVICES, OUTPUT AND OTHER EDWIN IP ARE PROVIDED ON AN “AS IS” BASIS, AND EDWIN MAKES NO WARRANTIES OR
REPRESENTATIONS TO CUSTOMER, ITS AUTHORIZED USERS OR TO ANY OTHER
PARTY REGARDING THE EDWIN IP, THE EDWIN PLATFORM, IMPLEMENTATION
SERVICES, OUTPUT OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EDWIN HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, EDWIN
HEREBY DISCLAIMS ANY WARRANTY THAT USE OF THE EDWIN PLATFORM OR
IMPLEMENTATION SERVICES OR OUTPUT WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED.
(b) Outputs and No Professional Advice. WITHOUT LIMITING SECTION 9(A),
CUSTOMER ACKNOWLEDGES THAT EDWIN IS NOT ENGAGED IN RENDERING ANY
FINANCIAL, TAX, REGULATORY, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL
ADVICE, INCLUDING ANY ADVICE WITH RESPECT TO THE SPECIFIC LAWS, RULES
OR REGULATIONS APPLICABLE TO CUSTOMER OR ANY ACTIVITY IN WHICH CUSTOMER IS ENGAGED. THE ACCURACY AND QUALITY OF THE OUTPUT IS
DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND CUSTOMER’S COMPLIANCE WITH THIS AGREEMENT. CUSTOMER IS SOLELY
RESPONSIBLE FOR ENSURING THAT ALL OUTPUTS OR OTHER RESULTS OF USING
THE EDWIN PLATFORM ARE ACCURATE, TRUE, CORRECT, AND IN COMPLIANCE WITH APPLICABLE LAWS. Due to the nature of machine learning, Output may not be unique and the Edwin Platform may generate the same or similar output for Edwin or a third party. For clarity, Edwin’ assignment of Output as set forth in Section 6(d) does not extend to Edwin’ other customers’ output. Customer will evaluate the content, nature and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.
10. LIMITATIONS OF LIABILITY.
(a) Exclusion of Damages. EXCEPT FOR: (I) ANY INFRINGEMENT BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) FRAUD OR WILFUL MISCONDUCT BY EITHER PARTY, OR (III) CUSTOMER’S BREACH OF ITS PAYMENT OBLIGATIONS OR SECTION 6(a), NEITHER PARTY WILL BE LIABLE TO
THE OTHER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE
OR BUSINESS INTERRUPTION, OR THE COST OF COVER OR SUBSTITUTE SERVICES,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE EDWIN IP OR
THE PROVISION OF THE EDWIN PLATFORM AND IMPLEMENTATION SERVICES,
WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
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AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
(b) Total Liability. IN NO EVENT WILL EDWIN’ TOTAL CUMULATIVE
LIABILITY TO CUSTOMER OR ITS AUTHORIZED USERS ARISING FROM ALL CLAIMS
UNDER OR RELATED TO THIS AGREEMENT, THE EDWIN IP OR THE PROVISION OF
THE EDWIN PLATFORM OR IMPLEMENTATION SERVICES EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO EDWIN IN THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE
CLAIM MADE UNDER OR RELATED TO THIS AGREEMENT, LESS ALL AMOUNTS
PAID BY EDWIN TO CUSTOMER FOR ALL PAST CLAIMS OF ANY KIND MADE UNDER
OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT EDWIN WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. (c) Basis of the Bargain. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 ARE AN ESSENTIAL
PART OF THE BASIS OF THE BARGAIN BETWEEN EDWIN AND CUSTOMER, AND
WILL APPLY EVEN IF THE REMEDIES AVAILABLE HEREUNDER ARE FOUND TO FAIL THEIR ESSENTIAL PURPOSE.
(d) Fraud and False Claims. THIS SECTION 10 WILL NOT IMPAIR THE CUSTOMER’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF THE
AGREEMENT AS PERMITTED UNDER ANY APPLICABLE FEDERAL OR STATE FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT (31 U.S.C. 3729-3733) OR EQUIVALENT STATE LAW.
11. TERM AND TERMINATION.
(a) Term. The term of this Agreement begins on the Effective Date and expires at the end of the term specified in the relevant Order Form (the “Term”). (b) Termination. Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach. Unless specified otherwise in the Order Form, Customer may terminate the Agreement at any time, for convenience, upon written notice to Edwin thirty (30) days before desired termination date.
(c) Survival. This Section 11(c) and Sections 1, 2(b), 2(c), 2(f), 3, 4, 6, 7, 8, 9, 10, 11(d) and 13 survive any termination or expiration of this Agreement. (d) Effect of Termination. Upon expiration or termination of this Agreement: (i) the rights granted pursuant to Section 2(a) will terminate; and (ii) Customer will return or destroy, at Edwin’ sole option, all Edwin Confidential Information in its possession or control, including permanent removal of such Edwin Confidential Information (consistent with customary industry practice for data destruction) from any storage devices or other hosting environments that are in
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Customer’s possession or under Customer’s control, and at Edwin’ request, certify in writing to Edwin that the Edwin Confidential Information has been returned, destroyed or, in the case of electronic communications, deleted. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become due or otherwise accrued through the effective date of expiration or termination, or entitle Customer to any refund.
12. PUBLICITY. Subject to the provisions of Section 4, each Party will have the right to publicly announce the existence of the business relationship between the Parties. In addition, during the Term, Edwin may use Customer’s name, trademarks, and logos (collectively, “Customer’s Marks”) on Edwin’ website and in its marketing materials to identify Customer as Edwin’ customer, and for the purpose of providing the Edwin Platform and any Implementation Services to Customer, provided that Edwin (a) will use commercially reasonable efforts to adhere to the usage guidelines furnished by Customer in writing with respect to Customer’s Marks and (b) will not use Customer’s Marks in any way that is or implies any endorsement of Edwin’ products or services by Customer.
13. GENERAL.
(a) Entire Agreement. This Agreement, including its attachments, exhibits and all Order Forms issued pursuant to this Agreement, is the complete and exclusive agreement between the Parties with respect to its subject matter and supersedes any and all prior or contemporaneous agreements, communications and understandings, both written and oral, with respect to its subject matter. This Agreement may be amended or modified only by a written document executed by duly authorized representatives of the Parties.
(b) Notices. All notices required or permitted under this Agreement will be in writing, will reference this Agreement, and will be sent to the relevant address set forth in the Order Form or to such other address as may be specified by the relevant Party to the other Party in accordance with this Section 13(b). Such notices will be deemed given: (i) when delivered personally; (ii) one (1) business day after deposit with a nationally recognized express courier, with written confirmation of receipt; (iii) three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iv) when sent by email, on the date the email was sent without a bounce back message if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party. (c) Waiver. Either Party’s failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of this Agreement will be effective unless it is in writing and signed by the Party granting the waiver.
(d) Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the Parties, and the remaining provisions of this Agreement will remain in full force and effect.
(e) Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with (i) if Customer is a state or local government entity, the laws of the Customer’s
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state and (ii) for all other entities, including private and quasi-governmental entities, the laws of the State of California, in each case, without giving effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the Parties irrevocably consent to the personal jurisdiction and venue therein.
(f) Assignment. Neither Party may assign or transfer this Agreement, by operation of law or otherwise, without the other Party’s prior written consent. Any attempt to assign or transfer this Agreement without such consent will be void. Notwithstanding the foregoing, either Party may assign or transfer this Agreement to a third party that succeeds to all or substantially all of the assigning Party’s business and assets relating to the subject matter of this Agreement, whether by sale, merger, operation of law or otherwise. Subject to the foregoing, this Agreement is binding upon and will inure to the benefit of each of the Parties and their respective successors and permitted assigns.
(g) Equitable Relief. Each Party agrees that a breach or threatened breach by such Party of any of its obligations under Section 4 or, in the case of Customer, Section 2(b), would cause the other Party irreparable harm and significant damages for which there may be no adequate remedy under law and that, in the event of such breach or threatened breach, the other Party will have the right to seek immediate equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
(h) Force Majeure. Neither Party will be responsible for any failure or delay in the performance of its obligations under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts (including governmentimposed travel restrictions and quarantines), material changes in law, war, terrorism, riot, or acts of God.
(i) Subcontracting. Edwin may use subcontractors, and other third-party providers (“Subcontractors”) in connection with the performance of its own obligations hereunder as it deems appropriate; provided that Edwin remains responsible for the performance of each such Subcontractor. Notwithstanding anything to the contrary in this Agreement, with respect to any third-party vendors including any hosting (e.g. AWS) or payment vendors (e.g. PayPal), Edwin will use commercially reasonable efforts to guard against any damages or issues arising in connection with such vendors, but will not be liable for the acts or omissions of such third-party vendors except to the extent that it has been finally adjudicated that such damages or issues are caused directly by the gross negligence or willful misconduct of Edwin. (j) Export Regulation. Customer affirms that it is not named on, owned by, or acting on behalf of any U.S. government denied-party list, and it agrees to comply fully with all relevant export control and sanctions laws and regulations of the United States (“Export Laws”) to ensure
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that neither the Edwin Platform, software, any Customer Materials, nor any technical data related thereto is: (i) used, exported or re-exported directly or indirectly in violation of Export Laws; or (ii) used for any purposes prohibited by the Export Laws, including, but not limited to, nuclear, chemical, or biological weapons proliferation, missile systems or technology, or restricted unmanned aerial vehicle applications. Customer will complete all undertakings required by Export Laws, including obtaining any necessary export license or other governmental approval. (k) U.S. Government End Users. The Edwin Platform, software and Documentation were developed solely at private expense and are “commercial products”, “commercial items”, or “commercial computer software” as defined in the Federal Acquisition Regulation 2.101 and other relevant government procurement regulations including agency supplements. Any use, duplication, or disclosure of the Edwin Platform, software and Documentation by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement as consistent with federal law and regulations. If these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue its use of the Edwin Platform, software and Documentation.
(l) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing in this Agreement will be construed to establish any partnership, joint venture or agency relationship between the Parties. Neither Party will have the power or authority to bind the other or incur any obligations on the other’s behalf without the other Party’s prior written consent.
(m) No Third-Party Beneficiaries. No provision of this Agreement is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person other than the Parties and their respective successors and assigns.
(n) Insurance. Edwin will maintain the insurance policies at the limits specified in the Certificates of Insurance in Attachment “B”.
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ATTACHMENT A – SERVICE LEVELS AND SUPPORT
1. Service Levels. Edwin will use commercially reasonable efforts to make the Edwin Platform available during the Term twenty-four (24) hours a day, seven (7) days a week (excluding holidays and weekends), except for excused downtime, which, for purposes of this Agreement, means (i) planned downtime (with reasonable advance notice to Customer) of the Edwin Platform; (ii) emergency downtime of the Edwin Platform; and (iii) any unavailability of the Edwin Platform caused by circumstances beyond Edwin’ reasonable control.
2. Support. Edwin will provide reasonable technical support to Customer by electronic mail [and/or phone] in connection with its use of the Edwin Platform on weekdays during the hours of 9:00 a.m. to 5:00 p.m. [Pacific] Time, with the exception of U.S. federal holidays (“Support Hours”), subject to the following conditions: (i) prior to initiating any support request, Customer (and its own personnel responsible for information technology support) will have first attempted to resolve the issue generating the need for such support; and (ii) Customer will reasonably cooperate with Edwin support staff as needed to resolve the issue.
Customer may initiate a helpdesk ticket during Support Hours by calling 310-243-6285 or any time by emailing [email protected].
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ATTACHMENT B – CERTIFICATES OF INSURANCE
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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: Direct Staff to Conduct the Biennial Review of the City's Conflict of Interest Code (Form 700 Filers)
STAFF RECOMMENDATION:
It is recommended that the City Council direct the review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act.
EXECUTIVE SUMMARY:
The proposed action is pursuant to the requirements set forth in section 87306.5 of the Political Reform Act and placed upon the City Council as the City’s code-reviewing body.
BACKGROUND:
The Political Reform Act of 1974 (Government Code Sections 81000 et seq.) provides that certain municipal officials must disclose their economic interests. These officials are members of:
The City Council Planning Commission
City Manager City Attorney
City Treasurer
And any other City official who manage public investments In addition, the Act requires the City to determine which of its other officials, commission members, and employees have duties that involve potential conflicts of interests. These persons are called designated employees.
The primary effect of the code is to establish disclosure requirements for various government positions involved in the requisite level of decision-making as set forth in the Act. The Act requires each city to adopt a local conflict of interest code designating city positions not otherwise
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designated in the Act itself, that are involved in making or participating in the making of city decisions at all levels of city government.
The Act further requires that agencies, including cities, regularly review and update their codes as necessary as directed by their code-reviewing bodies or when change is necessitated by changed circumstances. (Gov. Code §§ 87306, 87306.5.)
The Act provides that no later than July 1 of each even-numbered year, code-reviewing bodies shall direct the review of all agency codes under their jurisdiction and requires that the agency head, no later than October 1, shall file a statement regarding the results of that review. The City Council is the code reviewing body for the City’s Code and on or before July 1, it must direct the biennial review of the City’s Conflict of Interest Code (“Code”). (Gov. Code § 82011(c), 87306.5) The Act also requires that the City Manager file a statement regarding the results of the review no later than October 1 of the same year. If a change in the Code is necessitated by this review, it must be submitted to the City Council for approval within ninety (90) days of the filing of the Local Agency Biennial Notice with the City Clerk. (Gov. Code § 87303, 87306.5) Following its review, it is expected that the updated Code will be presented to the City Council no later than December for adoption.
FISCAL IMPACT:
There is no fiscal impact.
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STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Celina Jimenez, Director of Economic Development SUBJECT: Approve a Professional Services Agreement and a Contract Option for the Greater Coachella Valley Chamber of Commerce for Fiscal Year 2026-2027 STAFF RECOMMENDATION:
Staff recommends that the City Council consider approving a Professional Services Agreement and a contract option for the Greater Coachella Valley Chamber of Commerce for fiscal year 2026-2027.
BACKGROUND:
The City of Coachella has partnered with the Greater Coachella Valley Chamber of Commerce (Chamber), as a private business support organization within the City to provide professional services. The City renews the service agreement annually with the Chamber, which commemorates the services the Chamber will provide to the City each fiscal year. These services include supporting the City’s economic development efforts by providing: business services, various community and city events, and further development of Coachella’s tourism market.
DISCUSSION:
The proposed budget breakdown for fiscal year 2026-27 provided by the Greater Coachella Valley Chamber of Commerce include two contract options (outlined below):
Business Support Services - $6,000
Support updates to Chamber materials and resources to include Spanish business resources and education.
Support Industry Roundtable meetings hosted at the Chamber for local industry and business development.
The introduction of business education conducted in Spanish.
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State of the City/Business Awards - $12,500 or $25,000 Option 1 : $12,500
Chamber will organize and manage: Business Expo; ticket sales/sponsors, and business awards as well as table settings and food & beverage within budget. Option 2 : $25,000
All that is within option one, but in addition will handle all stage and AV needs including the stage and awning. The city would still create and provide its prerecorded video message presentation. Holiday Parade - $500
Provide drivers for dignitary cars.
Coachella Tacos, Tequila, and Chavelas Festival - $15,000 or $30,000 Option 1 : $15,000
The chamber will continue to work alongside the city on this event. They will handle getting all food vendors, handling all permits and licensing. They will also coordinate and secure all judges. Prize money will be given to first and second place of $1,500 and $750. An award will also be given as the people’s choice award. Booking the bar and handling all sponsorships for the event.
Option 2: $30,000
In addition to the items listed above the chamber will also take on all tenting, AV and Lighting for stage, entertainment as well as overall marketing. The city will still be responsible for fencing and general Public Works items such as road closures. Visitor Center - $20,000 or $80,000
Option 1 (Visitors Center Only): $20,000
This would leave the Visitors Center as is, open 3 days a week 10-3 Option 2 (Visitors Center/Business Incubator): $80,000 This incubator program is a collaborative effort between the City of Coachella and the Chamber, designed to support early-stage and growing businesses through accessible workspace, guidance, and resources. The Chamber facility will serve a dual purpose, continuing to operate as a visitors center while also functioning as a hub for small business development.
The lobby will remain open to the public four days a week from 9:00 a.m. to 4:00 p.m., with a one-hour closure for lunch, maintaining its role as a welcoming visitors center and community resource. Behind the lobby, the existing office space will be reconfigured into desk suites that businesses can use as their primary workspace and physical business address. These suites will include access to free Wi-Fi and basic printing services, reducing overhead costs and allowing businesses to focus on growth.
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A key feature of the program will be a rotating resource desk dedicated to partner organizations such as the Small Business Development Center (SBDC), Workforce Development (WFD), and other service providers. These partners will offer hands-on support, including assistance with business planning, financial guidance, and technical support, ensuring that participating businesses are building strong and sustainable foundations. In addition to supporting incubator participants, these partners will also be available to assist other local businesses and Chamber members, expanding the overall impact of their services across the broader business community.
To further support collaboration and professionalism, the back offices will be converted into a conference room and a smaller meeting room. These shared spaces will be available for businesses to host meetings, presentations, and client engagements, enhancing their ability to operate effectively.
The overall goal of the program is to provide full wraparound services that guide businesses from early development through to readiness for their own brick-and-mortar locations. By combining affordable workspace, expert support, and shared resources, the program aims to foster a strong pipeline of successful local businesses and contribute to the long-term economic vitality of Coachella. Bi-Annual Business and Education Fair – No Charge
The Greater Coachella Valley Chamber of Commerce is will continue the annual Business and Education Fair in partnership with the City of Coachella to connect local businesses with business resources and higher education opportunities. The only request is to continue to hold the event at the library at no charge. Coachella Publication - $10,000 per issue
This is recommended to launch as a bi-annual publication like the La Quinta Gem or the City of Desert Hot Springs called The Springs Insider. It would be mailed out to all residents and businesses in the City of Coachella. The city would get 10 pages in the publication and could put out pertinent information on public works updates, events, city info and more. Could also be used to required mailer information from the city to save cost such as state recycling information etc. This is a great way to show transparency and keep residents and businesses up to speed on what’s going on in the city. This could also be shifted to monthly, quarterly or annually.
Total Contract Amount Option 1: $64,000
Total Contract Amount Option 2: $151,500
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FISCAL IMPACT:
Depending on the contract option selected, the fiscal impact could fall between $64,000 and/or $151,500.
OPTION 1
Visitor Center.....................................................................................$20,000 Business Support Services.................................................................$6,000 State of the City/Business Awards.....................................................$12,500 Holiday Parade...................................................................................$500 Tacos, Tequilas & Chavelas Festival.................................................$15,000 Biannual Job & Education Fair..........................................................$0 Coachella Publication ........................................................................$10,000 TOTAL ..............................................................................................$64,000 OPTION 2
Visitor Center/Business Incubator.....................................................$80,000 Business Support Services.................................................................$6,000 State of the City/Business Awards.....................................................$25,000 Holiday Parade...................................................................................$500 Tacos, Tequilas & Chavelas Festival.................................................$30,000 Biannual Job & Education Fair..........................................................$0 Coachella Publication ........................................................................$10,000 TOTAL ..............................................................................................$151,500 ALTERNATIVE(S):
1. Approve a Professional Services Agreement in the amount of $64,000 (Option 1) for the Greater Coachella Valley Chamber of Commerce for fiscal year 2026-2027; or
2. Approve a Professional Services Agreement in the amount of $151,500 (Option 2) for the Greater Coachella Valley Chamber of Commerce for fiscal year 2026-2027; ATTACHMENT(S):
1. 2026-2027 Professional Services Agreement
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-1- PROFESSIONAL SERVICES AGREEMENT
CITY OF COACHELLA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, County of Riverside, State of California ("City") and THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE, a CORPORATION, with its principal place of business at 45149 SMURR STREET, SUITE A, INDIO, CA 92201 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing and offering BUSINESS SUPPORT services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the BUSINESS AND SPECIAL EVENT SUPPORT SERVICES project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional BUSINESS SUPPORT consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" and Exhibit “B” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
a. The Chamber shall a. Proactively represent the City of Coachella to potential business and industry which will add to the tax base of the City. b. Encourage tourist interest in Coachella and promote tourism through the Visitor Center with destination visitors and local residents. The Chamber will provide visitor information
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-2- PROFESSIONAL SERVICES AGREEMENT
services for the benefit of its residents as well as all business, retail, restaurant, hotel and other related establishments.
c. Establish, coordinate and operate various "Business Services and Events, Tourism and Cultural Activities" including business development, Tourism Events, and Cultural Celebrations as described in Exhibit "A", attached hereto and incorporated herein by this reference. d. Provide quarterly reports to the City Council on economic development and Chamber activities
3.2 Purpose
a. The purpose of this agreement is to enter into a partnership between the City of Coachella and the Greater Coachella Valley Chamber of Commerce for the purpose of undertaking the planning and implementation of economic development, marketing and business development services and providing assistance to retain business and generally strengthen and expand the business climate and economic opportunities in the City of Coachella.
b. The City will provide such assistance and guidance as may be required to support the objective set forth in this Agreement and will provide the funding and in-kind services for the services and activities set forth in this agreement. c. The Chamber will provide professional and qualified staff and volunteers that will work to disseminate appropriate information to existing and prospective businesses and community members and operate within agreed upon hours.
3.2.1 Term. The term of this Agreement shall be from JULY 1, 2026 to JUNE 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.3 Compensation.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed _____________________ ($XX,XXX) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason
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-3- PROFESSIONAL SERVICES AGREEMENT
whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 Responsibilities of Consultant.
3.4.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.4.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.4.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.4.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
BRANDON MARLEY, PRESIDENT + CEO.
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-4- PROFESSIONAL SERVICES AGREEMENT
3.4.5 City's Representative. The City hereby designates its CITY MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement.
Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.4.6 Consultant's Representative. Consultant hereby designates BRANDON MARLEY, PRESIDENT + CEO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.4.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.4.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.4.9 Period of Performance.
3.4.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such
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-5- PROFESSIONAL SERVICES AGREEMENT
Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.4.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.4.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.4.10 Laws and Regulations; Employee/Labor Certification.
3.4.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.4.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.4.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business
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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.4.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.4.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.4.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.4.11 Insurance.
3.4.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.4.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
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(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.4.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.4.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.4.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.4.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.4.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
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3.4.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.4.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.4.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.4.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.4.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional
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insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.5 Labor Code Requirements.
3.5.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.5.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.5.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
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or any subconsultant.
3.5.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.7 Indemnification.
3.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that
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arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.8 General Provisions.
3.8.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.8.2 Independent Contractors and Subcontracting.
3.8.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.8.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.8.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE 45149 Smurr Street
Indio, CA 92201
ATTN: Brandon Marley, President + CEO
City: CITY OF COACHELLA
53990 Enterprise Way
Coachella, CA 92236
ATTN: City Manager
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.8.4 Ownership of Materials and Confidentiality.
3.8.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.8.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.8.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible
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or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.8.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.8.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.8.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.8.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.8.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.8.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party
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reasonable attorneys’ fees and all costs of such action.
3.8.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.8.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.8.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.8.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.8.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.8.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.8.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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3.8.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.8.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.8.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.8.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.8.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.8.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
Item 25.
-17- PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COACHELLA AND
THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF COACHELLA THE GREATER COACHELLA VALLEY
CHAMBER OF COMMERCE
By:
Its: President and CEO
Printed Name: Brandon Marley
Approved By:
CITY MANAGER
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
_______________________________
City Clerk
Item 25.
Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"
Business Services, Events, Cultural Activities, and Tourism [BUSINESS SERVICES]
The GCVCC shall be a business advocate by promoting the economic interests of the City through advocacy and business marketing.
Visitor Center - Direct, staff and run the City's Visitor Center. Hours of operation are Wednesday through Friday, 10:00 AM to 3:00 PM. Closed for lunch 12:00 PM to 12:30 PM.
Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, when possible.
Business Referral Network- The Chamber will continue to maintain a database of its member businesses in the City of Coachella, and expand upon it by engaging outreach to non-member and member businesses alike to regularly acquire contact information for local businesses.
Provide information about Economic Development opportunities, programs and resources. Housing Information - Supply and make on hand information from the City and local property management companies information regarding local housing. Business License Information - Supply and make on hand information from the City regarding acquiring business license.
Public Outreach - Supply and make on hand information from the City regarding General Plan, City Business Initiatives/Programs.
Digital Campaigns - Support Local Restaurant, Hospitality or Other Relevant Business, to include social media and other digital platforms.
[EVENTS]
Coachella State of the City and Business Awards Gala - Plan, Market and Execute event on behalf of the City. City will offer input and guidance on event agenda, working in cooperation with the Mayor of Coachella. Chamber will provide stage platform with shade tent. Chamber will retain operational control, including purchasing decisions, price points and revenues. Support the City's Holiday Christmas Parade -Assist City staff with sourcing twelve (12) drivers for the Annual Holiday Parade.
Tacos and Tequila Festival - Plan, cross-promote, and execute the event. The Chamber and City will collaboratively agree on admission pricing. The City may reduce admission pricing to the public if it is agreeable to subsidizing the difference. The Chamber will coordinate ten to twelve (10-12) vendors, prize money, permits, insurance, ticketing, security, facilitate judging process and county health permits. Chamber retains all revenue from ticket and group (sponsorship) sales with the ability to set admission rates. Biannual Job & Education Fair – The Chamber and the City will work collaboratively on securing a venue such as the Library where this flagship event could be held.
Item 25.
Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B"
SCHEDULE OF SERVICES
[VISITOR CENTER]
The GCVCC will staff a full-service Visitor Center for residents and non-residents looking to connect with City of Coachella businesses. The Visitor Center is a resource hub for referrals to local businesses, community events, opportunities, City services, Consulate services, and Chamber resources.
Deliverables
Option 1 (Visitors Center Only): $20,000
This would leave the Visitors Center as is, open 3 days a week 10-3 Option 2 (Visitors Center/Business Incubator): $80,000 This incubator program is a collaborative effort between the City of Coachella and the Chamber, designed to support early-stage and growing businesses through accessible workspace, guidance, and resources. The Chamber facility will serve a dual purpose, continuing to operate as a visitors center while also functioning as a hub for small business development.
The lobby will remain open to the public four days a week from 9:00 a.m. to 4:00 p.m., with a one-hour closure for lunch, maintaining its role as a welcoming visitors center and community resource. Behind the lobby, the existing office space will be reconfigured into desk suites that businesses can use as their primary workspace and physical business address. These suites will include access to free Wi-Fi and basic printing services, reducing overhead costs and allowing businesses to focus on growth.
A key feature of the program will be a rotating resource desk dedicated to partner organizations such as the Small Business Development Center (SBDC), Workforce Development (WFD), and other service providers. These partners will offer hands-on support, including assistance with business planning, financial guidance, and technical support, ensuring that participating businesses are building strong and sustainable foundations. In addition to supporting incubator participants, these partners will also be available to assist other local businesses and Chamber members, expanding the overall impact of their services across the broader business community.
To further support collaboration and professionalism, the back offices will be converted into a conference room and a smaller meeting room. These shared spaces will be available for businesses to host meetings, presentations, and client engagements, enhancing their ability to operate effectively.
The overall goal of the program is to provide full wraparound services that guide businesses from early development through to readiness for their own brick-andmortar locations. By combining affordable workspace, expert support, and shared resources, the program aims to foster a strong pipeline of successful local businesses and contribute to the long-term economic vitality of Coachella.
Item 25.
Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT
[BUSINESS SUPPORT SERVICES]
$6,000
The GCVCC will host and produce resources to support entrepreneurial interests, professional development and development for business, workforce and industry. The Chamber will serve the local business community by producing resources, listening sessions, workshops, education, and networking/marketing opportunities. As the City's go-to resource for all things business, the Chamber will act as an extension of the City's Economic Development team. And, will further plan, coordinate, and foster regular and ongoing business engagement with the local business community through site visits, “connection” calls, business surveying, resource guides, and strategic communications.
Deliverables
The Chamber shall have an onsite business support center providing informational resources of particular interest to the business community, is open during the following hours of operation: Tuesday - Friday, 9 AM – 4:00 PM. Offices may be closed on the few occasions that the Chamber is hosting a special event and daily for lunch 12:00 PM – 1:00 PM. Additionally, anytime the Visitor Center office is going to be closed or unstaffed, the GVCC must notify the Director of Economic Development via email message at least 24 hours in advance, if possible.
The Chamber will also provide digital resources and make them available when applicable.
The Chamber shall respond to all requests and/or referrals regarding new or existing business that require assistance. All queries will be responded to within 48 business hours.
The Chamber shall make outreach to new businesses who have begun to do business in the City of Coachella (if/as the City provides a list of newly licensed businesses) monthly.
The Chamber will offer a business education series in person or via zoom in both English and Spanish. This includes introduction to doing business in Coachella. The Chamber shall provide assistance, direction, and resources to new and existing businesses as requested.
Support updates to Chamber materials and resources to include Spanish business resources and education
Support Industry Roundtable meetings hosted at the Chamber for local industry and business development. This includes the convening of CBO's for improved coordination and deployment of services through the City of Coachella.
SPECIAL EVENTS
[STATE OF THE CITY EVENT]
The Greater Coachella Valley Chamber of Commerce has historically produced an annual State of the City event with sponsorship from the City of Coachella. As the format, festivity and production of special events continues to evolve, the Chamber aims to offer the City of
Item 25.
Exhibit “B”-4 PROFESSIONAL SERVICES AGREEMENT
Coachella a basic event package with upgrade opportunities to enhance the event's design.
Event planning will include:
Pre-arranged check in meetings
Enhancement/Upgrade Options
Potential rate adjustments due to inflation
Base Package Includes:
Event Planning, Coordination, & Day of Event Production Vendor Coordination & Management
Graphic Design & Invitation Design (does not include printed invitations) Standard Marketing through Chamber Network
Invitation & Registration Management
Breakfast or Luncheon Event
Business Awards
Basic Stage Design (podium, microphone, flag display, & foliage) The base package does not include printed invitations. Standard marketing efforts through the Chambers’ network is limited to-blasts, calendar invitations, web listings, and social media sharing. The base package accounts for a morning or mid-day event featuring a breakfast or lunch component. It does not include dinner events or upgraded menus above market price banquet menus. Stage design is limited to a podium, microphone, flag display, and foliage. The base package may be further customized with additions or upgrades to the City's liking. Upgrades, additions, or enhancements beyond the base package are not included in the costs of the base package. Upgrades, additions, and/or enhancements will result in additional charges as accrued.
Such upgrades, additions and/or enhancements may include (but are not limited to): AV enhancement, special arrangements for outdoor accommodations, upgraded dining, and paid advertising.
Option 1: $12,500
Option 2 : $25,000
All that is within option one, but in addition will handle all stage and AV needs including the stage and awning. The city would still create and provide its pre-recorded video message presentation.
[BIANNUAL JOB & EDUCATION FAIR] - NO CHARGE
The Greater Coachella Valley Chamber of Commerce will host biannual Job and Education Fairs in partnership with the City of Coachella, to connect local residents with career, training, and higher education opportunities. Held twice a year, the event will bring together employers, trade schools, colleges, and workforce development organizations to support economic mobility and community growth. This initiative aims to strengthen Coachella’s workforce pipeline while providing valuable resources for both job seekers and students.
Item 25.
Exhibit “B”-5 PROFESSIONAL SERVICES AGREEMENT
[TACOS, TEQUILA, & CHAVELAS EVENT]
The Chamber will plan, coordinate, market and execute this special event designed to help entrepreneurs and small business operators connect with the local community. The event will provide participating restaurants/caterers with tools to help them market themselves and to connect local residents with these local businesses.
Option 1 : $15,000
The chamber will continue to work alongside the city on this event. They will handle getting all food vendors, handling all permits and licensing. They will also coordinate and secure all judges. Prize money will be given to first and second place of $1,500 and $750. An award will also be given as the people’s choice award. Booking the bar and handling all sponsorships for the event.
Option 2: $30,000
In addition to the items listed above the chamber will also take on all tenting, AV and Lighting for stage, entertainment as well as overall marketing. The city will still be responsible for fencing and general Public Works items such as road closures. [ANNUAL HOLIDAY PARADE]
The Chamber will help support this City event by providing twelve (12) volunteer drivers and general promotion and marketing of the event.
Deliverables:
The Chamber will help support this City event by providing twelve (12) volunteer drivers for the parade, to accommodate City Council and staff.
Rate: $500
[REPORTS AND INFORMATION]
The Chamber shall at such time and in such form as the City may require, furnish the City periodic reports, including an accounting for the expenditures of the City funds, as it may request pertaining to the services rendered pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, or for any other matters covered by this agreement.
Item 25.
Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "C"
COMPENSATION AND RATES OF SERVICES
OPTION 1
Visitor Center.............................................................................................$20,000 Business Support Services ........................................................................$6,000 State of the City/Business Awards .............................................................$12,500 Holiday Parade ..........................................................................................$500 Tacos, Tequilas & Chavelas Festival .........................................................$15,000 Biannual Job & Education Fair...................................................................$0 Coachella Publication.................................................................................$10,000 TOTAL .......................................................................................................$64,000 *The cost of the Biannual Job & Education Fair is waived for FY 25-26 OPTION 2
Visitor Center/Business Incubator..............................................................$80,000 Business Support Services ........................................................................$6,000 State of the City/Business Awards .............................................................$25,000 Holiday Parade ..........................................................................................$500 Tacos, Tequilas & Chavelas Festival .........................................................$30,000 Biannual Job & Education Fair...................................................................$0 Coachella Publication.................................................................................$10,000 TOTAL .......................................................................................................$151,500
Item 25.
STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Lincoln Bogard, Finance Director
SUBJECT: Consideration of Cannabis Business Tax Rate Adjustment – Prospective Reduction of Cultivation Tax Rate from Three Percent (3%) of Gross Receipts to Ten Dollars ($10) per Square Foot of Cultivation Space, Effective July 1, 2026
STAFF RECOMMENDATION:
That the City Council receive and file this staff report, provide direction to staff regarding the cannabis business tax rate, and take the following actions:
1. Approve a prospective change to the cannabis business tax rate for cultivation from three percent (3%) to ten dollars ($10) per square foot, effective July 1, 2026, to better fit the existing ordinance and regional jurisdictions.
2. Direct staff to return to the City Council at the July 8, 2026 Regular Meeting with an appropriate resolution implementing any Council-approved rate change.
EXECUTIVE SUMMARY:
Resolution No. 2022-22, adopted by the City Council on February 23, 2022, established a declining cannabis business tax rate schedule for cultivation operations: four percent (4%) of gross receipts in 2022, three percent (3%) in 2023, and two percent (2%) beginning in 2024 – provided that overall cultivation tax collections had not decreased from 2021 tax year levels. Because cultivation tax collections declined below 2021 levels, the conditional reduction to 2% did not take effect in 2024, and the 3% rate has remained in effect pursuant to the terms of the resolution.
BACKGROUND:
The City of Coachella levies a cannabis business tax on licensed cannabis operators conducting business within the City limits, pursuant to Chapter 4.31 of the Coachella Municipal Code (“Municipal Code”). Chapter 4.31 was added to the Municipal Code through the Cannabis Tax Measure, which was placed on the November 8, 2016 General Municipal Election ballot by Resolution No. 2016-36 and approved by a majority vote of the People. Chapter 4.31 authorizes the City Council to set cultivation tax rates by resolution at a maximum of fifteen dollars ($15) per
Item 26.
square foot, and retail/wholesale rates at a maximum of six cents ($0.06) per dollar of gross receipts.
On February 23, 2022, the City Council adopted Resolution No. 2022-22, setting cannabis business tax rates for cultivation, retail, manufacturing, distribution, and testing operations. For cultivation (indoor and outdoor), Resolution No. 2022-22 established the following schedule of gross receiptsbased tax rates (in lieu of a square-footage-based rate):
1. $0.04 per dollar of gross receipts for reporting periods beginning January 1, 2022 (Q1 2022);
2. $0.03 per dollar of gross receipts for reporting periods beginning January 1, 2023 (Q1 2023); and
3. $0.02 per dollar of gross receipts for reporting periods beginning January 1, 2024 (Q1 2024), provided that overall cultivation tax collections have not decreased from 2021 tax year levels.
If this condition was not met in 2024, the resolution provided that the $0.02 rate would go into effect in the first tax year where the preceding tax year’s cultivation tax collections meet or exceed the 2021 collection amount.
Because overall cultivation tax collections declined below 2021 tax year levels, the conditional reduction to $0.02 (2%) did not take effect beginning January 1, 2024. The $0.03 (3%) rate has therefore remained in effect and continues to apply to all cannabis cultivation operators in the City.
DISCUSSION/ANALYSIS:
Prospective Rate Reduction – Staff Recommendation. Staff recommends that the City Council approve a prospective reduction of the cannabis business cultivation tax rate from three percent (3%) to ten dollars ($10) per square foot of canopy space, effective July 1, 2026. This action is consistent with the City Municipal Code Chapter 4.31 and reflects the practical reality of the regional jurisdictions.
Regional Context – Coachella Valley Cultivation Tax Comparison. Staff reviewed available cannabis cultivation tax rates for Coachella Valley jurisdictions. Findings are presented in the table below. Importantly, the City of Coachella’s cultivation tax is structured as a percentage of gross receipts, while most neighboring jurisdictions impose a per-square-foot tax on cultivation space.
These are fundamentally different tax bases and are not directly comparable; however, the comparison provides useful context regarding the regional regulatory environment.
Jurisdiction Tax Basis Current Rate Notes
City of Coachella % of Gross Receipts 3% (current) Proposed: 2% eff. 7/1/2026; per Res. 2022-22
Cathedral City Per Square Foot $10.00/sq ft Reduced from $15/sq ft (2023) Palm Desert Per Square Foot $10.00/sq ft Reduced from $13/sq ft (2023) Desert Hot Springs Per Square Foot $5.75/sq ft Reduced from $10.20/sq ft (2024) Palm Springs Per Square Foot Up to $10.00/sq ft Cannabis Overlay Zone: $5/sq ft; rate set by resolution
Item 26.
City of Indio N/A N/A Cultivation not permitted; retail dispensaries only
La Quinta N/A N/A Cannabis businesses not permitted
Rancho Mirage N/A N/A Cannabis businesses not permitted Indian Wells N/A N/A Cannabis businesses not permitted
The table above illustrates that the City of Coachella’s gross receipts-based approach to cultivation taxation is unique among Coachella Valley cities that permit cultivation. Neighboring cities have generally trended toward lower per-square-foot rates in recent years in response to industry pressures. The proposed reduction from 3% of gross receipts to $10 per square foot aligns with that broader regional trend and with the City’s own original long-term rate target established in 2022.
Next Steps. Should the City Council provide direction to reduce the cannabis business tax rate, staff will return to the City Council at the July 8, 2026 Regular Meeting with an appropriate resolution implementing the approved rate change.
ALTERNATIVES:
1. Alternative 1 (Staff Recommended): Approve a prospective reduction of the cannabis business cultivation tax rate from three percent (3%) gross receipts to ten dollars ($10) per square foot of canopy space, effective July 1, 2026, consistent with the long-term policy intent of Municipal Code Chapter 4.31. Direct staff to return with an appropriate implementing resolution at the July 8, 2026 Regular Meeting.
2. Alternative 2: Maintain the cannabis business cultivation tax rate at three percent (3%) pending satisfaction of the revenue-based condition established in Resolution No. 2022-22.
3. Alternative 3: Reduce the cannabis business cultivation tax rate to two percent (2%) with understanding that the revenue-based condition established in Resolution No. 2022-22 occurred during a peak year.
4. Alternative 3: Direct staff to return to the City Council at a future meeting with a quantified fiscal impact analysis of a rate reduction prior to taking final action.
FISCAL IMPACT:
A prospective reduction of the cannabis business cultivation tax rate from three percent (3%) to two percent (2%) of gross receipts or ten dollars ($10) per square foot of canopy space, effective July 1, 2026, would reduce annual cannabis tax revenues to the City’s General Fund by an amount equal to one percentage point (1%) applied to the total gross receipts of cannabis cultivators subject to the tax, or to a rate consistent with Municipal Code and regional jurisdictions. The precise annual fiscal impact will depend on the volume and gross revenue of taxable cannabis cultivation activity in subsequent fiscal years and cannot be definitively quantified at this time. Staff will present an estimated revenue impact analysis alongside any implementing resolution to be considered at the July 8, 2026 Regular Meeting.
Item 26.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative 1: Approve a prospective reduction of the cannabis business cultivation tax rate from three percent (3%) gross receipts to ten dollars ($10) per square foot of canopy space, effective July 1, 2026, consistent with the long-term policy intent of Municipal Code Chapter 4.31. Direct staff to return with an appropriate implementing resolution at the July 8, 2026 Regular Meeting.
Item 26.
STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Lincoln Bogard, Finance Director
SUBJECT: Approval of a Software License and Professional Services Agreement with ClearGov, Inc. for Budgeting, Financial Reporting, and Transparency Solutions STAFF RECOMMENDATION:
That the City Council adopt a resolution authorizing the City Manager to execute a Software License and Professional Services Agreement with ClearGov, Inc. for cloud-based budgeting, financial reporting, and transparency solutions, in a total not-to-exceed amount of $296,217 over a three-year term commencing July 1, 2026.
EXECUTIVE SUMMARY:
The Finance Department recommends approval of a Software License and Professional Services Agreement with ClearGov, Inc. to implement a cloud-based financial management platform encompassing budgeting and planning, financial reporting and disclosure, and public transparency tools. ClearGov will replace the City’s current spreadsheet-intensive processes with an integrated, automated solution that connects the full budget lifecycle—from preparation through adoption and annual reporting—in a single synchronized environment.
The proposed agreement covers a three-year term commencing July 1, 2026, with a one-time setup fee of $40,200 and annual subscription fees beginning at $78,530 in Year 1, subject to a 5% annual escalator. The total not-to-exceed contract value over the three-year term is $296,217. Funding for Year 1 is included in the proposed FY 2026-27 budget.
BACKGROUND:
The City of Coachella is in the process of transitioning to a new Enterprise Resource Planning (ERP) system and fiscal year 2026-27 budget adoption was considered tonight. The Finance Department currently relies on a fragmented combination of spreadsheets and disconnected tools to manage the annual budget cycle, prepare the Annual Comprehensive Financial Report (ACFR), and communicate financial information to the City Council and the public.
Item 27.
This approach creates significant operational risk. Manual data reconciliation is time-consuming and error-prone; spreadsheet-based environments are susceptible to version-control issues and formula errors; and the City’s current processes do not efficiently support the level of public transparency and financial storytelling expected of modern municipalities. The City’s ACFR has historically been issued as late as April 30, representing a significant delay beyond best-practice timelines.
Following a review of available solutions, staff engaged ClearGov, Inc., a Delaware corporation headquartered in Maynard, Massachusetts, and a leading provider of financial management software purpose-built for local governments. ClearGov’s platform serves hundreds of local government agencies across the United States and offers an integrated suite covering the full financial cycle from budgeting through public reporting and community engagement. Consistent with the City’s purchasing policy, staff utilized the NCPA Omnia Partners cooperative purchasing contract (Contract No. 01-165) as the competitive procurement vehicle for this acquisition.
ClearGov subsequently offered the City pricing below the published cooperative contract rates, resulting in a direct agreement that is approximately $22,296 less than the three-year cooperative contract pricing quoted through authorized reseller Vertosoft ($318,513 cooperative quote versus $296,217 negotiated direct agreement).
DISCUSSION/ANALYSIS:
The proposed agreement authorizes the City to license and implement three integrated product suites within the ClearGov platform:
1. Budgeting and Planning Suite. This suite provides tools for operational budgeting, capital budgeting, personnel budgeting, strategic planning, capital project tracking, and digital budget book production. Departmental staff can submit budget requests through the platform, enabling the Finance Director to manage the full budget cycle from baseline development through City Council adoption and mid-year amendments. The Digital Budget Book module is designed to help the City qualify for a Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. The multi-year personnel budgeting module will help forecast the true cost of filled and vacant positions, including benefits, and support labor negotiation planning.
2. Financial Reporting and Disclosure Suite (Disclosure Studio). This module automates the preparation of the ACFR and Popular Annual Financial Report (PAFR) by connecting directly to the City’s financial data. Report templates are aligned with GASB standards and GFOA reporting criteria. The platform includes role-based access controls, version history, and ADA-compliant output. Staff anticipates that this tool will allow the City to significantly accelerate the ACFR issuance timeline from the current April issuance target to December, recovering approximately four months of staff capacity annually that is currently consumed by manual reconciliation and report assembly.
Item 27.
3. Transparency Suite. ClearGov’s Transparency module provides a public-facing portal that automatically translates the City’s financial data into visual, interactive dashboards accessible to residents, the City Council, and other stakeholders. This feature supports the City’s commitment to open governance and community trust by presenting complex financial information in a format accessible to non-technical audiences.
Procurement Method. The City utilized the NCPA Omnia Partners cooperative purchasing contract (Contract No. 01-165) as the competitive basis for this procurement, consistent with the City’s purchasing policy governing cooperative contracts. The use of an established cooperative purchasing agreement satisfies competitive bidding requirements by leveraging a previously competitively bid national contract. ClearGov negotiated pricing directly with the City that is below the cooperative contract rates, providing an estimated savings of approximately $22,296 compared to the three-year pricing quoted through the cooperative contract’s authorized reseller.
Agreement Terms and Protections. The proposed Software License and Professional Services Agreement was reviewed with participation from the City Attorney’s office and includes the following key protections for the City: (1) a 24-month software warranty following Go-Live; (2) a non-appropriation clause protecting the City in the event future funding is not appropriated; (3) a termination-for-non-renewal provision requiring 30 days’ written notice prior to the commencement of the next annual billing cycle; (4) indemnification and intellectual property infringement protections in favor of the City; and (5) data confidentiality obligations binding upon ClearGov. The Provider’s Proposal dated May 6, 2026 is incorporated as Exhibit “A,” and City Insurance Requirements are attached as Exhibit “B.”
Security and Compliance. ClearGov’s platform is SOC 2 Type 2 certified and hosted on Amazon Web Services and Microsoft Azure infrastructure with a target service uptime of 99.99%. Security controls include encryption in transit and at rest, role-based access controls, multi-factor authentication, and continuous 24x7 monitoring. The platform is designed to support ADA/WCAG 2.1 AA accessibility compliance for public-facing outputs.
ALTERNATIVES:
1. Approve the agreement as presented and authorize the City Manager to execute the Software License and Professional Services Agreement with ClearGov, Inc. in a total not-to-exceed amount of $296,217 over three years. This is the recommended alternative.
2. Approve the agreement with modifications. The City Council may direct staff to negotiate changes to specific contract terms prior to execution. This alternative may delay implementation and could affect the proposed July 1, 2026 commencement date.
3. Deny the agreement and direct staff to issue a formal Request for Proposals (RFP) for financial management software. This alternative would delay implementation, require additional staff resources to conduct a competitive procurement process, and would not address the City’s near-term budget cycle and ACFR preparation needs.
4. Take no action. The City would continue relying on existing spreadsheet-based processes for budgeting and financial reporting. This alternative does not address identified operational risks and would leave the City without a path to improve ACFR timeliness or enhance public financial transparency.
Item 27.
FISCAL IMPACT:
The total not-to-exceed contract value over the three-year term is $296,217.00. This represents a savings of approximately $22,296 compared to the equivalent three-year pricing under the NCPA Omnia Partners cooperative contract (Contract No. 01-165), which was quoted at $318,513. The cost schedule under the negotiated direct agreement is as follows:
Year 1 (July 1, 2026): One-time setup fee of $40,200 plus annual subscription of $78,530, for a first-year total of $118,730. Year 2 (July 1, 2027): Annual subscription of $86,579. Year 3 (July 1, 2028): Annual subscription of $90,908. Software licensing fees include a 5% annual escalator.
Funding for Year 1 costs ($118,730) is included in the requested FY 2026-27 annual budget.
Funding for subsequent years is subject to annual appropriation by the City Council, consistent with the non-appropriation provisions of the agreement.
RECOMMENDED ALTERNATIVE(S):
Alternative No. 1 – Adopt a resolution authorizing the City Manager to execute the Software License and Professional Services Agreement with ClearGov, Inc. in a total not-to-exceed amount of $296,217.00 over three years, and authorize the City Manager to approve non-substantive amendments as may be necessary.
Item 27.
Software Proposal
Prepared On
May 6th, 2026
Prepared For
Lincoln Bogard,
Coachella, CA
Prepared By
Kirsten Holle
ClearGov, Inc.
[email protected]
1 (561) 203-8614
ClearGov Software Proposal 1
Item 27.
April 23rd, 2026
Lincoln Bogard
Finance Director
City of Coachella, CA
53990 Enterprise Way
Coachella, CA 92236
Dear Lincoln,
On behalf of ClearGov, I am pleased to provide you and your team with this proposal for the City of Coachella’’s vision for a more streamlined budgeting and financial reporting process.
As you navigate the transition to your new ERP and move toward your June budget adoption, the primary goal of this partnership is to transform your most manual, time-consuming financial processes into a streamlined, automated operation.
This proposal is designed to deliver a high-impact Return on Investment (ROI) across Coachella’s finance department by focusing on these key areas:
● Accelerated Audit Cycle: By utilizing ClearGov to automate data mapping you can eliminate months of manual reconciliation. Our goal is to help you move from an April 30th ACFR issuance to December, reclaiming four months of staff capacity every year.
● Elimination of Manual Pain: ClearGov’s cloud solution replaces spreadsheet-heavy budget and reporting processes with a centralized system. ● Mitigating Risk for Error: Relying on a single source of truth eliminates the version-control issues and broken formulas inherent in a spreadsheet-based environment. Automated data validation ensures your financials remain accurate and consistent, protecting the integrity of your audit and budget. ● Better Transparency: This suite transforms static numbers into a dynamic, visual narrative. By providing the City Council and residents with clear, accessible insights into city spending, you foster community trust and showcase Coachella’s commitment to modern, open governance.
We have refined the annual investment in the $70k range, ensuring the total cost stays well within your budgeted expectations while future-proofing Coachella's financial future.
Best regards,
Kirsten Holle
ClearGov, Inc.
[email protected]
1 (561) 203-8614
ClearGov Software Proposal 2
Item 27.
Table of Contents
Executive Summary........................................................................................................................................6 Solutions Overview: Budgeting & Planning Suite............................................................................... 7 Solutions Overview: Financial Reporting & Disclosure Suite.........................................................15 Solutions Overview: Engagement Suite................................................................................................17 Technical & Security Overview................................................................................................................. 20 Investment Summary................................................................................................................................... 21 ClearGov Software Proposal 3
Item 27.
ClearGov Software Proposal 4
Item 27.
Executive Summary
Behind every community striving to thrive lies an unseen struggle: dedicated finance professionals trapped in an antiquated, fragmented financial cycle. Lacking modern, integrated tools, these teams are forced to juggle massive spreadsheets and manually reconcile disconnected data late into the night.
Managing the finance cycle isn’t just time-consuming; it’s high stakes. A single error in a sea of spreadsheets doesn't just derail a project—it erodes public trust. This pressure is compounded by the constant demand for professional, compliant reporting and public transparency. Teams scramble to assemble data and content from disconnected sources, and this "manual hand-off" creates a high-risk environment where errors are difficult to trace and institutional knowledge is easily lost.
This proposal outlines a transition from these manual silos to a unified Financial Cycle Management ecosystem. ClearGov is designed to bridge the modernization gap by establishing a continuous data thread that connects your planning, budgeting, reporting, and more into a single, synchronized environment.
By partnering with ClearGov, you’ll achieve:
Expanded Operational Capacity
Automating repetitive processes and streamlining workflows allows your team to shift from manual data maintenance to strategic financial leadership.
Absolute Data Integrity
By eliminating manual "hand-offs" between disconnected tools, you ensure that internal decisions and public-facing reports remain in perfect sync.
Enhanced Community Trust
Translating complex financial data into interactive, visual narratives builds deeper stakeholder understanding and gains support for strategic priorities.
Institutional Continuity
Moving to a modern, connected platform preserves your team’s expertise so that workflows and financial logic remain intact through every staff transition.
ClearGov Software Proposal 5
Item 27.
Solutions Overview: Budgeting &
Planning Suite
ClearGov Software Proposal 6
Item 27.
Operational Budgeting
Forget wrangling spreadsheets and emails. Lead with confidence.
Streamline the budget process from baseline to adoption through amendments.
Visualize metrics in a powerful dashboard
Dive into your budget data with our interactive
dashboard that updates in real-time to reflect
edits to your budget as they’re made.
Track budget versions with ease
Gain a complete view of all your funds, edit l
one item and sub-line item details, and save
versions of your budget as it progresses.
Flexible options for multi-year budgeting
Plan for annual, biennial, or multi-year budget
cycles with accurate end-of-year projections
and efficient future forecasts.
Strengthen collaboration across teams
Invite team members to submit funding
requests easily and centralize all justification
notes, attachments, and more.
View changes in an audit trail
Know who changed what and when. Our
audit trail captures all changes to create a
comprehensive historical record.
Create reports effortlessly
Easily create, customize, and export tailored
reports for a comprehensive view of your
budget.
ClearGov Software Proposal 7
Item 27.
Capital Budgeting
From ideas to ribbon cuttings, make every project count.
Take the guesswork out of capital budgeting with tools to get you effortlessly from request to approval.
Visualize metrics in a powerful dashboard
Our dashboard centralizes all your capital
budgeting needs, creating in-depth insights
into capital requests.
Streamline budget requests
Process capital requests from department
heads efficiently with forms that
automatically feed your dashboard.
Use scoring to prioritize requests
Let department heads score and rank
requests based on any criteria you see fit –
even align requests with your strategic plan.
Plan for every budget scenario
Build different scenarios and watch graphs
adjust in real-time to determine the optimal
combination of capital requests.
Create reports effortlessly
Use our preformatted reports or build custom
reports to export data as a spreadsheet or
PDF to share your budget.
View changes in an audit trail
Know who changed what and when. Our
audit trail captures all changes to create a
comprehensive historical record.
ClearGov Software Proposal 8
Item 27.
Personnel Budgeting
No more headcount headaches. Budget with precision.
From salaries to benefits, plan for the true costs of every position with confidence and efficiency.
Visualize metrics in a powerful dashboard
Experience a holistic perspective of your
staffing statistics and effortlessly compare
salary and benefits budget scenarios.
Track filled and unfilled positions
View the total compensation for each filled
and unfilled position, including wages,
benefits, and additional pay.
Streamline position requests
Efficiently manage new position requests
from departments and instantly see how each
position affects the budget.
Plan for vacancies efficiently
Create and fill vacant positions on specified
dates easily and include these in your various
budget scenarios.
Demystify union negotiation planning
Set up units and create multi-year scenario
plans to analyze the impact of salary and
benefit adjustments.
Create multi-year forecasts
Create scenarios forecasting into the future
and manage your budget by dollar amount
or percentage adjustments.
ClearGov Software Proposal 9
Item 27.
Digital Budget Book
Polished budget books without the publishing pain.
Easily create award-winning budget books that effectively tell your financial story.
Produce web, mobile, and PDF versions
Create a polished budget book that can be
presented in multiple formats effortlessly to
exceed public expectations for optimal viewing.
Customize content and pages
Build a beautiful book with flexible pages that
are easy to use, ADA-compliant, and fully
customizable — no designer needed.
Follow a GFOA Budget Award checklist
Meet and exceed the criteria for the GFOA
Distinguished Budget Presentation Award with
an interactive checklist to follow.
Save time with auto-generated content
Key content is generated automatically —
creating a customizable framework that
enhances data comprehension for users.
Strengthen departmental collaboration
Invite team members to easily add content to
their assigned sections to streamline
collaboration and improve efficiency.
Leverage automatic data updates
Revenue and expense data are updated
automatically as your budget changes, so you
don’t have to manually.
ClearGov Software Proposal 10
Item 27.
Strategic Planning
Plans that guide decisions, not gather dust.
Map the future of your community with plans that connect goals to action and drive real results.
ClearGov Software Proposal 11
Visualize metrics in a powerful dashboard
Experience effortless tracking of progress with
an intuitive dashboard that ensures your team
stays informed and updated.
Streamline the creation process
Create plans faster with a framework built on
market best practices for defining focus areas,
setting goals, and outlining action items.
Strengthen collaboration across teams
Assign staff to parts of your plan to distribute
the workload efficiently and ensure seamless
communication throughout each project.
Track progress in real-time
Leverage our ready-to-use metrics and KPIs
for actionable insights and real-time tracking
of your plan’s progress.
Communicate budget allocations
View your budget through the lens of your
strategic plan to easily see how your plan is
being funded across accounts.
Publish your plan online or as a PDF
Exceed public expectations for optimal
viewing with a professionally polished plan
published in multiple formats effortlessly.
Item 27.
Capital Project Tracking
Keep capital projects on track and on budget.
Replace project chaos with clarity through centralized tracking, collaboration, and reporting tools.
Keep Residents Informed
Publish timelines, financials, maps, and updates
on ADA-compliant Public Project Pages that
sync in real time to keep residents informed.
Streamline Internal Workflows
Automatically sync project details to reduce
manual work, improve communication, and
keep your team aligned with accurate,
up-to-date information.
Stay on Top of Spending
Track budgets versus actuals for every phase,
visualize trends, and identify potential overruns
early to maintain financial control.
Visualize Project Timelines
Create interactive Gantt charts to monitor
progress, identify delays, and share clear,
actionable schedules for better collaboration.
Centralize Collaboration
Streamline workflows by assigning roles,
automating reminders and providing teams
with centralized updates for improved
alignment.
Share Project Announcements
Use color-coded banners on Public Project
Pages to communicate critical updates,
minimize disruptions, and maintain a historical
record for transparency.
ClearGov Software Proposal 12
Item 27.
Solutions Overview: Financial
Reporting & Disclosure Suite
ClearGov Software Proposal 13
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Financial ReportingDisclosure Studio
Financial reports that withstand audits and win approval.
Reduce your workload and increase confidence with automated ACFRs, PAFRs, and recurring financial reports.
Keep reports consistent
Build statements, notes, schedules, and
narrative on one shared data foundation, so
updates stay aligned across every report.
Refine reports with live preview
Create, review, and update reports directly in
the platform. Tables, charts, and narrative stay
connected to reduce rework.
Control access and track changes
Manage access with role-based permissions and
approvals. Track changes with version history so
auditors can see what changed, when, and why.
Roll reports forward year over year
Reuse report structures and content to reduce
setup time while preserving historical context
and institutional knowledge.
Align with GASB and GFOA
Follow report structures aligned with GASB
standards and use proven templates designed
to support GFOA review expectations.
Publish ADA-ready reports
Create professional reports with accessible
layouts built in, so compliance is supported
throughout the reporting workflow.
ClearGov Software Proposal 14
Item 27.
Solutions Overview: Engagement
Suite
ClearGov Software Proposal 15
Item 27.
Transparency
Build public trust with data that informs, not overwhelms.
Engage the public with a turn-key transparency center that tells the story behind the numbers.
Auto-generate compelling content
ClearGov generates powerful visuals to
populate your pages automatically, based on
your budget data and public sources.
Demystify your financial data
Present data using compelling infographics
that are simple for anyone to understand —
even if they aren’t a finance expert.
Showcase demographics effortlessly
Share the characteristics of your population in
a way that’s easy to understand, adds context
to your budget, and attracts businesses.
Give departments a platform to shine
Invite department heads to create their own
dashboards to share their story, highlight
performance metrics, and more.
Enhance pages with custom charts
Dynamic charts are automatically populated
using your data — and you’ll have full access
to a robust chart builder to create more.
Drive citizen engagement
Encourage constituents to comment on your
ongoing activities or ask questions on a
platform where you can control the dialogue.
ClearGov Software Proposal 16
Item 27.
ClearGov Software Proposal 17
Item 27.
Technical & Security Overview
ClearGov delivers a secure, reliable, and compliant platform built for the public sector. Our infrastructure, security controls, and compliance programs are designed to protect sensitive government data and meet the demands of modern public finance.
Cloud Hosting & Infrastructure
ClearGov runs primarily on Amazon Web Services (AWS), with select components in Microsoft Azure. This hybrid cloud footprint leverages enterprise-grade cloud capabilities to maintain consistent security controls and operational practices across environments. Our architecture is designed for redundancy and resilience, using geographically dispersed regions and multi-availability-zone patterns to support automatic failover, workload stability, and elastic scaling during peak demand.
Operating within isolated virtual network environments (AWS VPC and Azure virtual networking), ClearGov uses restricted routing, tightly controlled access paths, and continuous telemetry to support secure operations. Systems use standardized configuration and change-control practices to maintain consistent baselines and reduce drift over time.
Security Controls
● Encryption in transit and at rest (TLS 1.2+ and AES-256) ● Web application firewall (WAF) and DDoS mitigation
● Role-based access controls (RBAC) with least-privilege enforcement ● Single Sign-On (SSO) via SAML 2.0 / OpenID Connect (Microsoft Entra, Okta, OneLogin, & others)
● Multi-Factor Authentication (MFA) support
● Immutable audit trail with full change history and version rollback ● Continuous 24x7 monitoring and real-time anomaly alerting ● Annual independent penetration testing and vulnerability assessments Compliance & Certifications
● SOC 2 Type 2 certified (Security, Confidentiality, Availability) ● AICPA Trust Services Criteria framework, aligned with ISO 27001 ● AWS & Azure infrastructure is certified: SOC 2, ISO 27001, FedRAMP High, DoD IL5 ● U.S. data residency compliance is maintained across all environments ● SOC 2 report available under NDA
Resilience & Availability
● Documented Business Resilience & Recovery Plan aligned with SOC 2 and ISO 27001 practices
● Multi-availability-zone architecture with redundancy and automated failover ● Continuous replication for critical services, plus daily encrypted database backups with regular restoration testing
● Maintenance is designed to avoid downtime where possible; any required planned outages are communicated in advance
● Target service uptime of 99.99%, measured over a defined period (excluding scheduled maintenance
ClearGov Software Proposal 18
Item 27.
ClearGov Software Proposal 19
Item 27.
Investment Summary
Set-up Services (One-time Investment)
Service Description Investment
ClearGov Setup Services ● Full activation and setup
● Expert data onboarding
● Personalized client training
$40,200
Solutions (Recurring) - Bundle Discount
Software Description Investment
Disclosure Studio
Budget Cycle Management
Transparency
● ACFR
○ GFOA Checklist
○ ADA Compliance
● Personnel, Operating, Capital
& Capital Project Tracking
● Budget Book
○ GFOA Checklist
○ ADA Compliance
● Transparency
$ 24,500
$54,030
3 Year License Scheduling for Project
Billing Date(s) Subscription (Recurring) Setup (One-time) Total Investment Jul 1, 2026 $ 78,530 $40,200 One-time Setup
Annual Subscription Fee
Jul 1, 2027 $86,579 Annual Subscription Fee
Jul 1, 2028 $90,908 Annual Subscription Fee
*Software licensing includes 5% annual increase
ClearGov Software Proposal 20
Item 27.
1602 Village Market Blvd SE, Suite 320
Leesburg, VA20175 USA
Cage Code: 7QV38
UEI Number Y7D5MXRU2839
DUNS# 080431574
Federal Tax ID: 81-3911287
Business Size: Small Business
Date: 5/12/2026, 2:25 PM
Phone: 571 707-4130
Fax: 571-291-4119
Email: [email protected]
Vertosoft Contact: Leo Burns
Phone:
Email: [email protected]
Vertosoft Quote for Gravity - City of Coachella, CA
Contract: NCPA Omnia: 01-165
Quote #: Q-23384
Expires On: 6/30/2026
Ship To
Logan Bogard
City of Coachella, CA
,
Quote For:
Name:
Company: City of Coachella, CA
Email:
Phone:
PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF Net 30 Electronic Check/ACH/Credit Card
Year 1 (7/1/2026 - 6/30/2027)
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
CG_Imp ClearGov Implementation: Full activation and setup, Expert data onboarding, Personalized client training
1.00 $43,225.81 $43,225.81
CG_Sub ClearGov Software Subscription: ACFR, GFOA Checklist, ADA Compliance, Personnel, Operating, Capital, & Capital Project Tracking; Budget Book, GFOA Checklist, ADA Compliance,
Transparency
1.00 $84,440.86 $84,440.86
Year 1 (7/1/2026 - 6/30/2027) TOTAL: $127,666.67
Item 27.
Year 2 (7/1/2027 - 6/30/2028)
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
CG_Sub ClearGov Software Subscription: ACFR, GFOA Checklist, ADA Compliance, Personnel, Operating, Capital, & Capital Project Tracking; Budget Book, GFOA Checklist, ADA Compliance,
Transparency
1.00 $93,095.70 $93,095.70
Year 2 (7/1/2027 - 6/30/2028) TOTAL: $93,095.70
Year 3 (7/1/2028 - 6/30/2029)
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
CG_Sub ClearGov Software Subscription: ACFR, GFOA Checklist, ADA Compliance, Personnel, Operating, Capital, & Capital Project Tracking; Budget Book, GFOA Checklist, ADA Compliance,
Transparency
1.00 $97,750.54 $97,750.54
Year 3 (7/1/2028 - 6/30/2029) TOTAL: $97,750.54
TOTAL: $127,666.67
Item 27.
General Terms & Conditions
Statement of Work
Taxes
Term & Termination
ClearGov and Customer mutually agree to the ClearGov Service activation and onboarding process set forth in the attached statement of Work. Please note that ClearGov will not activate and/or implement services for any Customer with outstanding balance past due over 90 days for any previous subscription services.
The Service Fees and Billing amounts set forth above in this ClearGov Service Order DO NOT include applicable taxes. In accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, ClearGov shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to ClearGov demonstrating Customer's exemption from such taxes.
Subject to the termination rights and obligations set forth in the ClearGov BCM Service Agreement, this ClearGov Service Order commences upon the Order Date set forth herein and shall continue until the completion of the Service Period(s) for the Service(s) set forth herein. Each Service shall commence upon the Start Date set forth herein and shall continue until the completion of the applicable Service Period.
Appropriations Customer shall have the option to terminate this ClearGov Service Order in advance of any annual renewal in the event that the aoolicable aooropriatinq body does not aooropriate fonds for such upcominq renewal oeriod.
The signature herein affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this Agreement ClearGov Service Order and also acknowledges that you have read and agree to the terms and conditions set forth in the ClearGov BCM Service Agreement found at the following URL: httP.://www.ClearGov.com/terms-and-conditions. This Service Order incorporates by reference the terms of such ClearGov BCM Service Agreement.
Item 27.
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CITY OF COACHELLA
SOFTWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT
This Software License and Professional Services Agreement (“Agreement”) is made by and between the City of Coachella, a municipal corporation organized under the laws of the State of California with its principal place of business at 53990 Enterprise Way, Coachella, CA 92236 ("City") and ClearGov, Inc., a Delaware Corporation, with its principal place of business at 2 Mill & Main Place, #630, Maynard, MA 01754 (“Provider”) on this 1st day of July, 2026 (“Effective Date”). City and Provider may be individually referred to as “Party” and collectively as the “Parties”.
RECITALS
A. Provider is the owner of its proprietary software that the City has selected to use for the City’s budgeting and financial reporting processes (“Software”).
B. Provider desires to grant to City and City desires to obtain from Provider a nonexclusive license to use the Software and obtain the services in accordance with the terms and on the conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Use of the Software. Provider shall provide City with the Software and Services, which are described in the Provider’s Proposal and attached hereto as Exhibit “A” and incorporated herein by reference. The specifications, performance and functionality of the Software shall comply in all respects with the requirements set forth in the Provider Proposal and any documentation for the Software. The City shall have a fully paid license to use the Software for its operations, subject to the payment of the license fees set forth in Exhibit “A.”
2. Services. Provider shall further provide City with implementation, installation, project management, and training services in connection with the implementation of the Software as further described in Exhibit “A.”
3. Document Format and Accessibility Requirements. ClearGov acknowledges the importance of providing accessible technology to public sector users and is actively working toward substantial conformance of the ClearGov Service with the applicable Level AA success criteria and conformance requirements of the Web Content Accessibility Guidelines version 2.1 (“WCAG 2.1 AA”). Upon request, ClearGov shall provide Customer with a current Voluntary Product Accessibility Template (“VPAT”) or similar accessibility conformance documentation describing the accessibility features and status of the ClearGov Service.
ClearGov maintains an accessibility program that includes periodic review and evaluation of the ClearGov Service for accessibility improvements. If ClearGov becomes aware of a material accessibility issue affecting the ClearGov Service, ClearGov will use commercially reasonable efforts to evaluate and address such issue in accordance with its severity, technical feasibility, and product development roadmap. Nothing in this section shall be construed as a representation or warranty that the ClearGov Service is fully conformant with WCAG 2.1 AA at all times, nor shall any accessibility issue constitute a material breach of this Agreement unless otherwise expressly stated herein. ClearGov will prioritize remediation of accessibility issues that materially impair use of core functionality by end users.
The City retains responsibility for ensuring that its web functionality, web pages, mobile applications, and web-accessible documents comply with WCAG 2.1 AA or higher. Provider
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agrees to indemnify and defend the City against all claims, lawsuits, complaints, challenges, and legal action against the City as a result of Provider’s failure to ensure its products meet compliance of ADA accessibility standards, including, at minimum, WCAG 2.1 AA or the required accessibility standard as amended by the U.S. Department of Justice.
4. Project Schedule. Provider shall provide the Software in a prompt and timely manner.
Any delays or changes in implementing the Software shall be subject to the terms of Section 8.
5. Compensation.
a Subject to paragraph 5(b) below, the City shall pay for the Software, including the related Services, in accordance with the 3-year license subscription schedule set forth in Exhibit “A.”
b In no event shall the total amount paid for the Software, including related services, rendered by Provider under this Agreement exceed the sum of Two Hundred Ninety-Six Thousand Two Hundred and Seventeen Dollars and 00/100 ($296,217.00) unless there is a change in the scope of the Services and such change is reflected in the execution of a written amendment pursuant to Section 7 of this Agreement.
c Payment to Provider shall be considered as full compensation for all personnel, materials, supplies, and equipment used in performing the Services. d City’s failure to discover or object to any unsatisfactory work or billing prior to payment will not constitute a waiver of City’s right to request Provider to correct such work or billings or seek any other legal remedy.
6. Maintenance and Support Services. Following the warranty period for the Software, Provider has agreed to make maintenance and support services for the Software available to City in accordance with the terms of the Provider Proposal, which is attached hereto as Exhibit “A.” The Software Support and Maintenance Provisions contain mutually agreed upon pricing for such services, which pricing shall remain in effect for so long as City makes the payments set forth in Exhibit “A.”
7. Contract Documents. The following documents shall govern the performance of the Scope of Work and the terms and conditions for the provision of the Software and Services (collectively, the “Contract Documents”):
a This Agreement;
b Provider Proposal (Exhibit “A”); and
c City Insurance Requirements (Exhibit “B”).
In the event of any conflict between the terms and conditions of the Contract Documents, the Contract Documents shall govern in accordance with the foregoing order of priority with this Agreement acting as the master agreement.
8. Additional Work. If changes in the Project and the Contract Documents seem merited by Provider or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Provider with a statement of the estimated changes in the Provider Proposal. An amendment to the Agreement shall be prepared by the City and executed by both
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parties before any change becomes binding upon City. Provider acknowledges that any material amendment to the Contract Documents, particularly with respect to the schedule of charges in the Provider Proposal, may be subject to approval by the City Council. Such amendment shall not render ineffective or invalidate unaffected portions of the Contract Documents.
9. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Provider and made available at all reasonable times during the Agreement period and for four (4) years from the date of final payment under the Agreement for inspection by the City.
10. Notice to Proceed. The obligations of Provider to commence performance shall by triggered by Provider’s receipt of notice from the City to proceed. Thereafter, Provider shall proceed in accordance with the Project Schedule. The Notice to Proceed shall set forth the date of commencement of the Project Schedule.
11. Delays in Performance.
a Neither the City nor Provider shall be considered in default of the Contract Documents for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance under the Contract Documents. It is not intended by the parties that any such delay shall extend for a period in excess of sixty (60) days.
12. Confidentiality. Provider understands and agrees that, in the performance of the work or services under this Agreement may involve access to City data or information that is Confidential Information. Provider agrees to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third-parties other than its employees, agents, or authorized subcontractors who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. Provider and any subcontractors or agents shall use Confidential Information only in accordance with all applicable local, state and federal laws restricting the access, use and disclosure of Confidential Information and only as necessary in the performance of this Agreement. Provider’s failure to comply with any requirements of local, state or federal laws restricting access, use and disclosure of Confidential Information shall be deemed a material breach of this Agreement, for which City may terminate the Agreement. Provider agrees to advise and require its respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. Provider will not disclose any Confidential Information of City except as compelled by a court or administrative body or required by any law or regulation. Provider will give notice if any disclosure request is received for City’s Confidential Information, so City may file an objection with the relevant court or administrative body.
13. Compliance with Law.
a In carrying out its obligations under the Contract Documents, Provider shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local
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government, including but not limited to Cal/OSHA requirements and requirements for verification of employees' legal right to work in the United States. b If required, Provider shall assist the City, as requested, in obtaining and maintaining all permits required of Provider by federal, state and local regulatory agencies.
14. Warranty
a. Software Warranty. Provider warrants that the Software will conform in all material respects to the Functional Requirements for a period of twenty-four (24) months (“Warranty Period”) following the date upon which the Software has completed user acceptance testing and is placed in use by City in a live production environment (“Go-Live”). Provider agrees to correct or replace, at no charge, any nonconformity of which it receives notice during the Warranty Period. In addition, Provider warrants that any customization and/or error correction to the Software will conform in all material respects to the Functional Requirements. This warranty is void if the City or any other third party intentionally changes or modifies the Software without the permission of Provider.
b. Malware. Provider warrants that the Software shall not contain any lock, counter, CPU reference, virus, worm, or other malware or device capable of halting operations or erasing or altering data or programs. Provider further warrants that neither it, nor its agents, employees, or subcontractors shall insert any shutdown device following delivery of the Software (or any hardware) or Services. c. Service Warranty. Provider warrants that all Services provided under this Agreement will be performed in a professional, competent and workmanlike manner in accordance with the requirements of the Project Schedule. City shall notify Provider in writing of any breach of this warranty no later than ninety (90) days following Go-Live. Provider shall further provide a sufficient number of properly trained and competent staff to carry out the Services in a skilled and professional manner consistent with the best practices in the software industry and in compliance with the Project Schedule.
d. Remedies. Provider covenants that it will make corrections of program malfunctions or errors which are reported in writing to Provider during the Warranty Period and which are necessary for the Software to conform to the warranties set forth in Section 13 of this Agreement. City agrees to allow Provider the opportunity to make repeated efforts within a thirty (30) day time period to correct programming errors or malfunctions as warranted in this Agreement. Provider agrees that program malfunctions that result in an inoperable system resulting in a financial impact to the City, or inefficient work-around, will be given its highest priority with the problem corrected as soon as practicably possible, consistent with a high priority item under the Software Support and Maintenance Provisions, using its most experienced and knowledgeable resources. Provider will strive to have any and all malfunctions resolved within no more than five calendar days.
15. Acceptance Testing; Final Acceptance. All Software and Services shall be subject to acceptance testing by City to verify, to its reasonable satisfaction, that each deliverable conforms to the requirements of a particular phase or milestone as set forth in the Exhibit “A” hereto or with respect to the Software, that it conforms to the Functional Requirements in all material respects
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and does not contain errors. City and Provider will agree on a reasonable testing methodology for the Software. Acceptance testing will not begin for any deliverable until sufficient data, as reasonably determined by City, has been converted and loaded into the Software or component thereof to enable City to test the functionality of the Software or any component thereof in a test environment that approximates a live production environment. If City determines that any Software deliverable or Services do not conform with the foregoing requirements, City shall promptly deliver to Provider a notice of non-conformity, and Provider shall work diligently to correct all nonconformities free of charge to City by issuing one or more error corrections or reperforming the defective Services. Each error correction shall be subject to additional acceptance testing by City. Notwithstanding the acceptance of any deliverable by City, such deliverable shall remain subject to the warranty obligations of Provider for the entire Warranty Period. “Final Acceptance” shall occur ninety (90) days after Go-Live provided that the Software is operating properly in accordance with all of the Functional Requirements and there are no material warranty issues that adversely impact the ability of City to operate the Software.
16. Assignment and Subcontractors. Provider shall not subcontract, assign or transfer this Agreement or any rights under or interest in the Contract Documents without the written consent of the City, which may be withheld for any reason at the sole discretion of the City. Nothing contained herein shall prevent Provider from employing independent contractors, as well as employees, to provide Services as Provider may deem appropriate, provided, however, that Provider shall remain fully responsible for such independent contractors.
17. Independent Contractor.
a Provider enters into this Agreement as an independent contractor and not as an employee of the City. The Provider shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Provider are employees, agents, contractors or subcontractors of the Provider and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Provider by any such employees, agents, contractors subcontractors, or any other person resulting from performance of this Agreement.
b Provider agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research.
18. Integration. The Contract Documents represent the entire understanding of the City and Provider as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement.
19. Title to Software. Provider represents and warrants that it is the sole owner of the Software or, if not the owner, that it has received all legally required authorizations from the owner to license the Software as contemplated herein, has the full power to grant the rights required by this Agreement, and that neither the Software, nor its use in accordance with the Contract Documents, will violate or infringe upon any patent, copyright, trade secret, or any other property rights of another person or City.
20. Infringement and Performance Breach Remedies. If it is claimed that any work furnished by Provider, whether first developed by Provider for the City or not, infringes any intellectual property right or is otherwise unlawful, Provider agrees to defend or settle any such claim or suit
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at Provider’s expense and to indemnify and hold the City harmless from any losses, damages or harm, including attorney’s fees and legal expenses, incurred as a result of such claim. Without the City’s prior written approval, Provider shall not accept any liability on the City’s behalf for the infringement, nor shall Provider reach a settlement that from the City perspective impairs the value or usefulness of the work that is the subject of the infringement claim. Provider will also pay all damages and costs that by final judgment, settlement or other resolution are assessed against the City due to such alleged or proven infringement and reimburse the City for any direct damages suffered by the City as a result of the infringement claim, including but not limited to attorney’s fees. Should Provider find, or be found, to have infringed on any intellectual property rights, Provider will procure; (i) a right for the City to continue using the applicable Software or Work Product, (ii) a solution to mitigate the infringement, or (iii) a product to replace the infringing product that provides the functionality and complies with the specifications contained in the Contract Documents. The City shall not incur any additional costs related to the aforementioned remedies.
21. Termination
a. Termination for Default. Subject to the right to cure contained in Section 21.b., the City may terminate this Agreement in whole or in part, at any time that the City determines that Provider is in material default of its obligations under the Contract Documents. Termination for default is effective on the date specified in the City’s written notice of default. Should Provider fail to cure a default, then in addition to any other remedies provided by law or the Contract Documents, Provider shall compensate the City’s actual costs to obtain substitute performance. A termination for default shall be deemed a termination for convenience if the termination for default is later found to be without justification.
b. Cure. Provider shall have a period of thirty (30) days following a written notice of default to either cure such default or if such default cannot be cured within such period, to provide evidence satisfactory to City, in its sole discretion, that Provider is taking action to cure such default.
c. Non-Renewal. City may terminate this Agreement by providing written notice to Provider of such termination thirty (30) days prior to the commencement of the next annual billing cycle.
d. Termination for Non-Appropriation. City’s payment obligation under this Agreement extends only to funds appropriated annually by City’s governing body for the purpose of this Agreement. For each succeeding fiscal period covered by this Agreement, City’s applicable department responsible for this Agreement agrees to include in its budget request appropriations sufficient to cover the annual financial obligations under this Agreement. However, City’s governing body has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. If City is appropriated insufficient funds to continue annual payments under this Agreement, City may terminate this Agreement effective upon the last day of the fiscal year for which funds were appropriated. Upon termination under this paragraph, Provider shall be entitled to compensation for all services rendered prior to the effective termination date. Provider’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This Section controls against any and all other provisions of the Agreement.
e. Software License. If there is a termination for any reason, the City shall have the right to elect to (i) retain and use any Software for which City has paid the license fee to
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Provider; or (ii) return and discontinue use of such Software in exchange for a refund of such license fee.
22. Indemnification. Provider shall indemnify, defend (with counsel approved by City), and hold harmless the City, its officers, officials, agents, and employees (collectively, the “Indemnitees”) from and against any and all claims, damages, demands, liability, costs, losses and expenses, (all of the foregoing collectively “Claims”), including without limitation court costs and reasonable attorneys’ fees, which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, Provider’s performance of services pursuant to this Agreement, including without limitation, Claims arising on account of injury to or death of persons or damage to property. City does not and shall not waive any rights against Provider which City may have pursuant to this Section because of Provider’s provision of insurance policies required by this Agreement. Provider’s obligations to defend and indemnify the City shall survive the expiration or termination of this Agreement.
Provider shall not be required to indemnify City for Claims arising from the sole negligence or willful misconduct of the Indemnitees.
23. Conflicts of Interest.
a. Provider covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any present interest, nor shall they acquire any interest, direct or indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of its Services hereunder. b. Provider shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City’s Contract Administrator determines in writing that Provider’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Provider also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Agreement, City determines and notifies Provider in writing that Provider’s duties under this Agreement warrant greater disclosure by Provider than was originally contemplated. Provider shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
24. Liability of Contractor. Provider shall be responsible for performing the services under this Agreement in a manner which is consistent with the generally-accepted standards of the Provider’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Provider or its employees, agents, contractors or subcontractors.
25. Insurance.
a. Provider will comply with the “Insurance Requirements” of City which are attached hereto as Exhibit “B” and included as a part of this Agreement. b. No limitation on liability contained in the Contract Documents shall apply to any third party claim for personal injury or wrongful death arising from the negligent acts or willful misconduct of either party, its agents or assigns. Furthermore, no limitation on liability applicable to Provider shall apply to any third party claim that the Software infringes upon the intellectual property rights of another party, nor to the obligation
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of Provider to deliver the Software and Services in accordance with the Scope of Work and Provider’s warranty obligations.
26. Laws, Venue, and Attorneys’ Fees. This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in a state or federal court situated in the County of Riverside, State of California.
27. Documents. Provider shall deliver to City no less than one (1) full set of documentation, manuals, and training materials for the Software. City shall have the right to copy such documents and materials for its own internal use of the Software.
28. Project Manager. Provider shall assign a qualified Project Manager prior to or upon commencement of implementation. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered in person or sent via commercial overnight delivery or by certified mail, addressed to each party at the address set forth below or such other address for which a party has given notice in accordance with this section. Notice will be effective upon receipt, or within five (5) days of delivery.
City:
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
ATTN: Finance Director
Provider:
ClearGov, Inc.
2 Mill & Main Place, #630
Maynard, MA 01754
ATTN: Project Manager
30. City Not Obligated to Third Parties. City shall not be obligated or liable for payment hereunder to any party other than the Provider.
31. Non-Discrimination. Provider shall not discriminate in any way against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition or marital status in connection with, or related to, the performance of this Agreement.
32. Prohibited Interests. Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement. Further, Provider 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 Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, 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.
33. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
34. Counterparts. This Agreement and any exhibits, amendments or renewals hereto may be executed in a number of counterparts, and each counterpart signature, when taken with the other
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counterpart signatures, is treated as if executed upon one original of this Agreement or any amendment or renewal. A signature by any party to this Agreement provided by facsimile or electronic mail is binding upon that party as if it were the original.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF COACHELLA
APPROVED BY:
Gustavo J. Romo
City Manager
ATTESTED BY:
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CLEARGOV, INC.
APPROVED BY:
Michael Mattson
Chief Revenue Officer
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EXHIBIT A
SOFTWARE SERVICES
Provider’s Proposal, dated May 6, 2026 is hereby incorporated into this Agreement by reference. The Proposal is on file with the City for inspection.
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EXHIBIT B
INSURANCE REQUIREMENTS
1. Insurance. Provider shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Provider shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of Coachella, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Provider’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Provider shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Contractual Liability with respect to this Contract (7) Broad Form Property Damage
(8) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 11 85, CG 20 10, or CG 20 26, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
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c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Provider shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
35. Provider certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
36. To the extent Provider has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Provider shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Provider shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Provider shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Provider. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Provider shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
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g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required
Prior to execution of the Agreement, the Provider shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Provider shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Provider shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Provider shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. If such coverage is cancelled or reduced, Provider shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
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(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Provider’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the Effective Date of this Agreement. Provider shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Provider shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the Effective Date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Provider or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Provider hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Provider from liability in excess of such coverage, nor shall it limit the Provider’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Provider, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Provider pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Provider or City will withhold amounts sufficient to pay premium from Provider payments. In the alternative, City may cancel this Agreement.
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(iii) The City may require the Provider to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Provider shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Provider, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
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CITY OF COACHELLA
ELECTED/APPOINTED OFFICIALS, BOARDS, COMMITTEES AND COMMISSIONS
LOCAL APPOINTMENTS LIST
CALENDAR YEAR 2026
ELECTED OFFICIALS
City Council Meetings are held on the second and fourth Wednesday of each month in the Council Chamber of City Hall, beginning at 6:00 p.m.
ELECTED OFFICIALS TERM EXPIRES
Mayor Dr. Frank Figueroa November 2026
Councilmember
Councilmember
Denise Delgado
Stephanie Virgen
November 2028
November 2026
Councilmember Juan M. Martinez November 2026
Councilmember Yadira Perez November 2028
City Clerk Angela M. Zepeda November 2028
City Treasurer Mayra Perez November 2028
APPOINTED OFFICIALS
City Manager Gustavo Romo
City Attorney Ryan Guiboa
In compliance with the requirements of the Maddy Act, Government Code 54972, the following local appointments list shows all boards, commissions, and committees which are appointed by the legislative body of the local agency and the dates of their terms of office.
COACHELLA PLANNING COMMISSION – (Meets on the first and third Wednesday of each month at 6:00 p.m. at the Coachella Council Chambers of City Hall located at 1515 Sixth Street, Coachella.) The City Planning Commission shall consist of five regular members and one alternate member. Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Vanessa Ordorica Councilmember Dr. Figueroa June 25, 2025 December 2026 Isela Murillo (Chair) Councilmember Virgen March 8, 2023 December 2026 Eva Lara Mayor Pro Tem Delgado February 26, 2025 December 2028 Oscar Fonseca (Vice Chair) Mayor Hernandez February 26, 2025 December 2026 Alyssa Torres Councilmember Perez June 25, 2025 December 2028 Stephanie Ambriz (Alternate) Mayor Dr. Figueroa June 10, 2026 December 2026
Item 28.
City of Coachella Page 2
Committee Membership – 2026
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY (HEALTH AND SAFETY CODE SECTION 34179-34181): – (Meetings held as needed.) The Oversight Board was created pursuant to California State law that dissolved the Coachella Redevelopment Agency, along with all 400 redevelopment agencies in California, on February 1, 2012. That law, known as AB X1 26, required the City of Coachella, as the successor agency to the Coachella Redevelopment Agency, to create a new Oversight Board to oversee certain fiscal management of former Agency funds and assets.
Oversight Boards direct the staff of the Successor Agency, have fiduciary responsibilities to holders of enforceable obligations, approves actions of the Successor Agency and establishes the Recognized Payment Obligation Payment Schedule. It takes a majority of the Oversight Board to constitute a quorum and to vote to take action.
The California Redevelopment Dissolution Laws mandated the dissolution of the 25 existing Oversight Boards within the County of Riverside and the creation of a single Consolidated Oversight Board overseeing all 25 successor agencies within the County commencing on July 1, 2018.
QUALIFICATIONS APPOINTEE ORIGINAL
APPOINTMENT
TERM EXPIRES
Authority to represent the Successor Agency
before the Countywide Oversight Board, the
Riverside County Auditor-Controller, the State
Controller, the California Department of
Finance, or any other public body with regards to
the Successor Agency business with the
Countywide Oversight Board.
Gabriel Martin
City Manager
December 8, 2021 Open
COACHELLA PARKS AND RECREATION COMMISSION – (Meets on the third Tuesday of each month at 4:30 p.m. in the upstairs conference room at the Coachella Council Chambers of City Hall located at 1515 Sixth Street, Coachella.)
The Coachella Parks and Recreation Commission shall consist of five regular members and one alternate member.
Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Andrew Gallegos Mayor Hernandez April 26, 2023 December 2026 Marcos Granados Jr. (Vice C)
J. Carlos Ayala (Alternate)
Councilmember Virgen
Mayor Hernandez
April 26, 2023
April 26, 2023
December 2026
December 2026
Rosalio Avila (Chair) Councilmember Dr. Figueroa February 26, 2025 December 2026 Jesus Nunez Mayor Hernandez February 26, 2025 December 2026 Victor Alcantara Councilmember Delgado February 26, 2025 December 2028
Item 28.
City of Coachella Page 3
Committee Membership – 2026
CULTURE AND ARTS COMMISSION – (Meetings called as needed at the Council Chambers of City Hall located at 1515 Sixth Street, Coachella.)
The Culture and Arts Commission shall consist of five regular members. Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Clara Nieblas
Juan Ponce Ramos
Councilmember Virgen
Councilmember Dr. Figueroa
July 26, 2023
July 26, 2023
December 2026
December 2026
Armando Lerma Mayor Hernandez February 26, 2025 December 2026 Oralia “Yaya” Ortiz
Irene N. Rodriguez
Javier Figueroa (Alternate)
Mayor Hernandez
Mayor Hernandez
Mayor Hernandez
February 26, 2025
March 12, 2025
March 12, 2025
December 2026
December 2026
December 2026
YOUTH ADVISORY COMMISSION – (Meets on the second Monday of each month at 4:30 p.m. at the Council Chambers of City Hall located at 1515 Sixth Street, Coachella.) The Youth Advisory Commission shall consist of ten regular members. All members of the commission must live within the City of Coachella and be enrolled in high school. The term of a commissioner is one year from August to June; mirroring the local school district's school year. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Sewa Meza (Chair) Full Council September 10, 2025 June 2026 Daila Juarez-Andrade (Vice Chair) Full Council September 10, 2025 June 2026 Isabel Martinez (Secretary) Full Council September 10, 2025 June 2026 Meraly Rodriguez Full Council September 10, 2025 June 2026 Kayla Castillo-Cabrera
Kenia Avalos
Jade Meza
Yamileth Cabrera-Gutierrez
Yarely Morales-Hinojosa, Alt.
Valerie Aguirre
Valeria Romero
Amanda Flores-Rojas
Brandon Antunez Lopez
Emily Samano Felix
Full Council
Full Council
Full Council
Full Council
Full Council
Full Council
Honorary
Honorary
Honorary
Honorary
September 10, 2025
September 10, 2025
September 10, 2025
September 10, 2025
September 10, 2025
January 28, 2026
September 10, 2025
September 10, 2025
January 28, 2026
January 28, 2026
June 2026
June 2026
June 2026
June 2026
June 2026
June 2026
June 2026
June 2026
June 2026
June 2026
Item 28.
City of Coachella Page 4
Committee Membership – 2026
COUNCIL SUB-COMMITTEES
Building/Code Enforcement/Public Safety Sub-Committee – (Meetings called as needed) Denise Delgado, Councilmember
Dr. Frank Figueroa, Mayor (Alternate)
City Manager
Development Services Director
City Engineer
Police Chief
Battalion Chief
Finance Director
Permit Technician (Support Staff)
Code Enforcement
Economic Development/Planning Sub-Committee – (Meetings held on the 1st Thursday of each month at 5:00 p.m. in the Council Chambers of City Hall located at 1515 Sixth Street, Coachella) Denise Delgado, Councilmember
Stephanie Virgen, Councilmember
City Manager
Development Services Director
Economic Development Director
Finance Director
Senior Citizens Advisory Sub-Committee – (Meetings called as needed, if held, on the 3 rd Wednesday
of the month at 1:00 p.m.)
Vacant
Stephanie Virgen, Councilmember
Public Works Director
Senior Center Coordinator (Support Staff)
Engineering/Public Works/Water-Sewer Sub-Committee – (Meetings called as needed.) Denise Delgado, Councilmember
Stephanie Virgen, Councilmember
City Manager
Development Services Director
Economic Development Manager
Finance Director
Utilities Department Assistant (Support Staff)
Sister City Sub-Committee – (Meetings called as needed.) Vacant
Dr. Frank Figueroa, Mayor
City Manager
Economic Development Manager
Item 28.
City of Coachella Page 5
Committee Membership – 2026
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS – Dark during the months of March, July, August, October and December* at CVWD Steve Robbins Administration Building Training Room, 75515 Hovely Lane East, Palm Desert, CA
Executive Committee – (Meetings held on last Monday* at 4:00 p.m.) Frank Figueroa, Mayor, Member
Denise Delgado, Councilmember (Alternate)
City Manager, Staff
CVAG COMMITTEES – (Continued)
Transportation Committee (TC) – (Meetings held on 1
st Monday* at 10:00 a.m.)
CVWD Steve Robbins Administration Building Training Room, 75515 Hovely Lane East, Palm Desert, CA
Vacant, Member
Stephanie Virgen, Councilmember (Alternate)
City Engineer, Staff
Homelessness Committee – (Meetings held on 3rd Wednesday* at 10:00 a.m.) CVWD Steve Robbins Administration Building Training Room, 75515 Hovely Lane East, Palm Desert, CA
Yadira Perez, Councilmember, Member
Dr. Frank Figueroa, Mayor (Alternate)
Economic Development Manager, Staff
Development Services Director, Staff (Alternate)
Energy/Sustainability Committee – (Meetings held on 2nd Thursday of each month at 12:00 noon) at CVWD Steve Robbins Administration Building Training Room, 75515 Hovely Lane East, Palm Desert, CA
Stephanie Virgen, Councilmember, Member
Denise Delgado, Councilmember (Alternate)
Assistant to the City Manager, Staff
Public Safety – (Meetings held on 2nd Monday* at 9:00 a.m.) CVWD Steve Robbins Administration Building Training Room, 75515 Hovely Lane East, Palm Desert, CA
Dr. Frank Figueroa, Mayor
Denise Delgado, Councilmember
City Manager, Staff
Police Chief
Battalion Chief
Item 28.
City of Coachella Page 6
Committee Membership – 2026
Technical Planning Sub-Committee – (Meetings held on 3rd Tuesday* at 11:00 a.m.) Development Services Director, Staff
Senior Planner, Staff (Alternate)
Transportation Technical Advisory Sub-Committee – (Meetings held on 4th Monday* at 10:00 a.m.) City Engineer, Staff
Public Works Director, Staff (Alternate)
Solid Waste and Recycling Technical Working Group – (Meetings are held quarterly on 2nd Monday at 3:00 p.m.)
Public Works Director, Staff
Environmental/Regulatory Program Manager, Staff (Alternate) JPA/ Coachella Valley Conservation Commission (CVCC) – (Meetings held on 2nd Thursday of each month at 10:30 a.m.) Dark each March, August, October and December.
Vacant, Member
Dr. Frank Figueroa, Mayor (Alternate)
SUNLINE TRANSIT AGENCY – (Meetings are held on 4th Wednesday of each month at noon in the Board Room, 32505 Harry Oliver Trail, Thousand Palms) The Board goes dark the month of August and November.
Denise Delgado, Councilmember, Member
Yadira Perez, Councilmember (Alternate)
COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT BOARD – (Meetings are held every 2nd Tuesday of each month at 6:00 p.m. at the District's Ben Laflin Administration Building, 43-420 Trader Place, Indio. Trustees are appointed for a fixed term of either two (2) or four (4) years, Dr. Frank Figueroa, Mayor (Term Expires February 2026)
Public Works Director, Staff
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION – (Meetings held on 3 rd Wednesday of each
month at 4:00 p.m. in the Multi-Purpose Conference Room, Demuth Community Center, 3601 E. Mesquite Ave., Palm Springs, CA, The City representative(s) may be council members, community members or staff.) Yadira Perez, Councilmember (Term Expires December 31, 2026) RIVERSIDE COUNTY TRANSPORTATION COMMISSION – (Executive Meetings are held at 9:00 a.m. on the 2
nd Wednesday of each month; and the Budget and Implementation meetings are held at 9:30 a.m. on the 4th Monday of each month at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside. Video teleconferencing is available from Palm Desert City Hall.) Denise Delgado, Councilmember, Member – Commission & Budget and Implementation
Item 28.
City of Coachella Page 7
Committee Membership – 2026
City Engineer, Staff, TAC Member
Public Works Director, Staff, TAC (Alternate)
PUBLIC ENTITIES RISK MANAGEMENT AUTHORITY (PERMA) – (Meetings at the DoubleTree Resort 67-967 Vista Chino, Cathedral City. Held quarterly, 1st Thursday of last month of each quarter.) Human Resources Manager, Staff, Bill Pattison Interim City Manager, Member, Finance Director, Staff (Alternate)
ABANDONED VEHICLE AUTHORITY – (Meetings held quarterly. Date and location for next meeting are announced at each meeting. Locations hosted by different cities.) Finance Director, Member
Code Compliance Manager (Alternate)
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS – General Assembly – (Meetings are held At least once every year (usually in April or May).
Denise Delgado, Councilmember, Voting Delegate
COACHELLA/INDIO WASTE TRANSFER STATION JOINT POWERS AUTHORITY – (Meetings held at as needed, at Coachella City Hall located at 1515 Sixth Street, Coachella.) Vacant, Board Member
Dr. Frank Figueroa, Mayor (Alternate)
Public Works Director, Staff
WASTE MANAGEMENT CONTRACT AMENDMENT - AD HOC COMMITTEE – (Held as needed.) Vacant
Stephanie Virgen, Councilmember
NPDES TASK FORCE – (Meetings held first Wednesday of each month at 10 a.m.) Environmental/Regulatory Program Manager, Member
Sanitary Superintendent, Member
CHAMBER OF COMMERCE LIAISON – (Meetings held as needed) Yadira Perez, Councilmember
Dr. Frank Figueroa, Mayor
Assistant to the City Manager, Staff
Executive Assistant, Staff
Item 28.
City of Coachella Page 8
Committee Membership – 2026
JOINT WATER POLICY ADVISORY COMMITTEE MEETING – (As needed at CVWD’S Coachella office, 85-995 Avenue 52, Coachella, Rummonds Training Room.)
Vacant, Member
Dr. Frank Figueroa, Mayor (Alternate)
Utilities Manager, Staff
COACHELLA VALLEY ANIMAL CAMPUS COMMISSION – (Meetings held on 1 st Thursday, every two
months at 9:30 a.m. at the 1000 Palms Community Center, 31189 Robert Road, Thousand Palms, CA 92276) Dr. Frank Figueroa, Mayor, Member
Yadira Perez, Councilmember (Alternate)
City Manager, Staff
UTILITY USERS CITIZENS OVERSIGHT COMMITTEE – (Meetings held at [time] on the [day] of each month.) Meetings will be held at [location and address] Member
Staff
COACHELLA VALLEY MOUNTAINS CONSERVANCY – (Meetings held at 3:00 p.m. on the 2nd Monday of February, May, August and November in the City of Palm Desert Administrative Conference Room, 73-510 Fred Waring Drive, Palm Desert. Terms are for 2-years. Appointees must be either the Mayor or a Councilmember.)
Denise Delgado, Councilmember, Member (Term Expires December 2026 – 2-year term) Dr. Frank Figueroa, Mayor (Alternate)
Development Services Director, Staff, non-member
VISIT GREATER PALM SPRINGS JOINT POWERS AUTHORITY – (Six (6) Meetings are held yearly on Fridays, 8:00 am to 10:30 am.) [Locations and Dates TBD] Dr. Frank Figueroa, Mayor, Member
Denise Delgado, Councilmember (Alternate)
Item 28.
STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Andrew Simmons, P.E., Director of Public Works/City Engineer SUBJECT: Authorize the City Manager to sign and execute the Fourteenth Amended and Restated Memorandum of Understanding Between the City of Coachella and the Sports Leagues, and establish field use fees for the 26/27 sports season.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to sign and fully execute the Fourteenth Amended and Restated Memorandum of Understanding Between the City of Coachella and the Sports Leagues and negotiate non substantiative changes as needed.
Adopt and reaffirm the language in section 7 of the MOU establishing the requirement to pay field use fees, and determine applicable field use fees for the 26/27 sports season. Staff recommends reinstituting field use fees at a rate of 50% for all Sports League partners for the 26/27 season.
BACKGROUND MOU:
The City of Coachella maintains and operates sports fields at Bagdouma Park and Rancho Las Flores Park, including soccer fields, football fields, baseball fields and softball fields. The City has entered into a Memorandum of Understanding (MOU) with multiple sports leagues for the rules, use and management of the sports fields.
The sports leagues that currently participate in the MOU include Coachella Youth Baseball & Softball Association (hereinafter "CYBSA"), Coachella Valley Soccer League ("CVSL"), Coachella Youth Sports Association — Soccer (hereafter "CYSA-S") and Coachella Little Arabs Youth Football (hereinafter "CLAYF").
The Thirteenth amendment to the MOU was signed by all parties on July 10th of 2024 which covered the 2024 and 2025 sports seasons. The MOU and was automatically extended for a one year period in accordance with Section 10 of the MOU, on July 1st of 2025 for the 2025/2026 sports seasons.
Item 29.
On May 19th of 2026, A presentation to discuss possible changes to the MOU was publicly discussed at the regularly scheduled Parks and Recreation Commission meeting. The comments from the public and from the Commissioners were considered and a final draft of the modified MOU has been produced. The Final draft of the MOU has been received and reviewed by the City Attorneys to conform with legal requirements therein.
On June 16th of 2026, the Parks and Recreation Commission voted to approve the MOU and provide a recommendation to City Council for formal adoption with an edit to the field use distribution between CVSL and CYSA-S. Both the original draft MOU and the Parks and Recreation Commission edits are presented herein. The edits include the usage of field #3 at Bagdouma Park during the spring soccer season.
BACKGROUND FIELD USE FEES:
The City of Coachella has adopted field use fees per the user fee studies conducted on a periodic basis. Field use fees are currently set at $8 per hour per field and an additional $18 per hour per field is charged for park lights, if the field is reserved after sundown. Prior to the the 2021/2022 sports seasons, the City Council had traditionally established field use fees for our league partners at 50% of the regular user fees. In response to economic pressure due to Covid and reduced participation in sports, the City Council waived all fees for the Sports leagues for the 21/22 season.
This decision was then reaffirmed in both 2022 and 2024.
DISCUSSION/ANALYSIS MOU:
The Fourteenth Amended MOU is attached for reference and all changes to the previous document are highlighted in RED. The primary changes proposed within the final draft include, but are not limited to:
Recitals and sections 2 “Access to City Park Areas by Sports Leagues”: Additional field use days have been allocated to CYBSA in section 2.1 to account for their all-star season which extends until late August. Schedule modifications and field allotments have been modified in sections 2.2 and 2.3 to better align the soccer league schedules with required maintenance schedules so that maintenance will have less impact on the playable seasons. Section 5 – “General Liability Insurance and Business License”: The previous section 5 has been stricken in its entirety and is replaced with legal conforming language as approved by the City attorneys.
Section 6 – “Record Keeping”: Section 6,8 has been updated to ensure better record keeping between all parties.
Section 9 – “Code of Conduct and Enforcement”: The previous section 9 has been stricken in its entirety and is replaced with legal conforming language as approved by the City attorneys.
Section 10 – “Term”: the Term of the agreement has been updated to last for 5 years instead of 1 year.
Exhibits: Both Exhibits showing the park use areas have been updated.
Item 29.
At the June 16th Parks and Recreation Commission meeting, staff presented a draft MOU that included a recommendation to revert back to the field distribution that was present prior to 2021, which includes CYSA having sole access to the soccer fields at Bagdouma and CVSL having sole access to the fields at Las Flores. CYSA has expressed concerns for years that when soccer field # 3 at Bagdouma was taken away from them, that it has caused conflict between the leagues and reduced their programming capacity. CVSL has expressed concerns that the distribution of fields between the two leagues is not equal since Bagdouma has more soccer fields than Las Flores.
The Staff recommendation presented to the Parks and Recreation Commission on June 16th, 2026 and publicly discussed at the City Council meeting during previous meetings is to have the two separate soccer league providers perform all of their operations at the two separate parks. This provides better management and organization for City staff and prevents conflict among the leagues regarding shared field use. The original edits to the thirteenth amendment are shown in red, and the proposed edits to the draft MOU suggested by the Parks and Recreation Commission are shown below in blue:
2.2. CVSL shall have access to the areas of Rancho Las Flores Park described as areas C1, C2 and C3 in Exhibit 2 and area D in Exhibit 1, as permitted by the issued annual/monthly Facility Use Permit. The available uses of these areas during season play are as follows:
1) July 15th to December 1st : Exhibit 2 areas C1, C2 and C3; 2) January 15 to June 1st: Exhibit 2 areas C1, C2, and C3 And Exhibit 1 area C3.
2.3. CYSA-S shall have access to the areas of Bagdouma Park described as areas C in Exhibit 1 and as reflected in the issued annual/monthly Facility Use Permit. The available uses of these areas during season play are as follows:
1) July 15th to December 1st : Exhibit 1 areas C1, C2, C5. C6; 2) January 15th to June 1st : Exhibit 1 areas C1, C2, C3, C4, C5, C6 ; It should be noted that no changes have been made or proposed to section 7, regarding user fees.
Per the existing and adopted MOU as signed by all the sports league partners and the City of Coachella, Sports leagues are required to pay regular sports field use fees. It has been noted that City Council has waived all sports field use fees since 2022. Prior to 2022, The City Council had waived 50% of the sports field use fees. It should also be noted that the City Council has the sole authority to approve fee waivers at this time.
It is recommended to retain the language in section 7 that requires the payment of sports field user fees. In each year of the contract the sports leagues may petition the City Council at that time for a fee reduction or a fee waiver. However, it is recommended that this decision should be decided on an annual basis by the City Council.
Item 29.
The above changes were all discussed at previous public meetings and have been reviewed by the City Attorneys. As such, it is recommended that the City Council approve the Fourteenth Amended Memorandum of Understanding Between the City of Coachella and the Sports Leagues.
DISCUSSION/ANALYSIS FIELD USE FEES:
Per section 7 of the approved 13th amended MOU and the proposed 14th amended MOU, all Sports Leagues are required to pay regular facility use fees. However, it has been past practice of the City Council to waive a portion or all of the Sports Field User fees at the beginning of each season. It is recommended to keep the adopted language in section 7 of the MOU intact and continue the practice of the sports leagues soliciting for a partial fee waiver at the start of each season. This allows the City Council to weigh the user fees, annual budget needs and community needs on an annual basis. Section 7 of the MOU reads as follows:
7. User Fees. The Sports Leagues must pay the approved user fees for their use of City facilities. All uses must be permitted and codified per an issued Facility Use Permit.
7.1 All Facility Use Permits will reflect the total sports season use costs. Each Sports League will have the option to 1) pay all fees prior to the start of its sports season 2) pay fees on a month to month basis or 3) establish up to three payment installments in order to pay the complete amount owed for use of the City facilities during its sports season (the last installment payment cannot be scheduled later than thirty-one (31) days before the end of the sports season).
7.2 Should the Sports League lapse in any one of its arranged payment installments a Notice of Correction will be issued and the Sports League will be provided fourteen (14) days to pay the agreed payment otherwise the Sports League's Facility Use Permit will be revoked until the full payment due is made.
City Staff has evaluated the total cost of ownership for the sports fields and determined that it is about 1.1 million dollars per year. This includes staffing, contractors, maintenance, water, electricity, equipment, lighting, and all other ancillary needs. Prior to the 2021/2022 Sports Season the City collected a combined total of about $100,000 per year from the sports leagues when charging field use rates at a reduced 50% rate. If the Sports Leagues were charged field use fees at the full rate, the anticipated combined cost to the leagues would be about $200,000 per year.
Since the fees have been fully waived for 5 continuous years, this has amounted to a total of One Million dollars in lost revenue that would be available for the proper maintenance and operations of the city’s sports field facilities.
In order to provide the best overall service to our communities and maintain all city sports facilities at the highest level, it is recommended that the City Council reinstate field use fees for the 26/27 sports season. At this time, it is recommended that the field use fees be reduced by 50% to reestablish the pre-covid rates that had been collected prior to 2021.
Item 29.
ALTERNATIVES MOU:
1. Authorize the City Manager to sign and fully execute the Fourteenth Amended and Restated Memorandum of Understanding Between the City of Coachella and the Sports Leagues as presented.
2. Authorize the City Manager to sign and fully execute the Fourteenth Amended and Restated Memorandum of Understanding Between the City of Coachella and the Sports Leagues as presented.
3. Authorize the City Manager to sign and fully execute the Fourteenth Amended and Restated Memorandum of Understanding Between the City of Coachella and the Sports Leagues with inclusion of additional edits.
4. Do not adopt the modified MOU and allow the existing Thirteenth Amended MOU to extend for an additional sports season.
5. Other.
ALTERNATIVES FIELD USE FEES:
1. Adopt and reaffirm the language in section 7 of the MOU establishing the requirement to pay field use fees, and set the collection rate at 50% for all sports leagues the 26/27 season.
2. Adopt and reaffirm the language in section 7 of the MOU establishing the requirement to pay field use fees, and waive 100% of the fees for the sports leagues 26/27 season, in continuation of the policy used for the past 5 years.
3. Modify the language of in Section 7 of the MOU and establish a set field use fee within the MOU that would be effective for the full 5 year term of the MOU.
4. Other.
ATTACHMENTS:
1. Fourteenth Amended and Restated Memorandum of Understanding Between the City of Coachella and the Sports Leagues
Item 29.
FOURTEENTH AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF COACHELLA AND THE SPORTS LEAGUES
This Memorandum of Understanding (hereinafter "MOU") is made on June 24th, 2026, by and between the City of Coachella, a California municipal corporation organized and existing under the laws of the State of California (hereinafter, "City"), Coachella Youth Baseball & Softball Association (hereinafter "CYBSA"), Coachella Valley Soccer League ("CVSL"), Coachella Youth Sports Association — Soccer (hereafter "CYSA-S") and Coachella Little Arabs Youth Football (hereinafter "CLAYF"), hereinafter also referred to individually as a "Party" or jointly as "Parties."
RECITALS
WHEREAS, the City of Coachella is a California municipal corporation organized and existing under the laws of the State of California, which provides various park facilities to its community including: Bagdouma Park, and Rancho Las Flores Park (referred to hereinafter collectively as "Parks");
WHEREAS, CYBSA is a youth sports league operating its baseball and softball sports leagues within the City of Coachella, specifically using Bagdouma Park during their sports season which runs from February 1 to May 31st and September 1st to November 30th , of each year for their practices, games, tournaments, programs and related baseball activities; WHEREAS, CVSL is a youth and adult soccer sports league operating its sports leagues within the City of Coachella, specifically using Rancho Las Flores Park, from July 15th to December 1st, and January 15th to June 1st during part of their sports season for their practices, games, tournaments, programs and related soccer activities; WHEREAS, CYSA-S is a youth and adult soccer sports league operating its sports leagues within the City of Coachella, specifically using Bagdouma Park, from July 15th to December 1st , and January 15th to June 1st, during part of their sports season for their practices, games, tournaments, programs and related soccer activities; WHEREAS, CLAYF is a youth football and cheerleading sports league operating its sports league within the City of Coachella, specifically using Bagdouma Park during its sports season which runs from July 20 to November 30, of each year for its practices, games, tournaments, programs and related football activities;
Item 29.
WHEREAS, the past use of Parks by CYBSA, CVSL, CYSA-5, and CLAYF (collectively, "Sports Leagues") have had concerns regarding which sports league has access to certain areas of the Parks;
WHEREAS, the City is interested in resolving these use and access conflicts between the Sports Leagues by entering into this MOU with the Sports Leagues using City facilities to established a mutually agreeable schedule and understanding; WHEREAS, since the Sports Leagues also charge fees for the public to join their respective sports leagues which use the Parks, the Sports Leagues have agreed to have and maintain their 501(c)(3) non-profit corporate status as of the date of this MOU and for the term of this MOU;
WHEREAS, the Sports Leagues have reached a mutual understanding that will grant the Sports Leagues access to certain mutually agreeable sections of Bagdouma Park, and/or Rancho Las Flores during their respective sports seasons under the terms of this MOU; and WHEREAS, each Sports League must: 1) apply for a facility use permit for sports season use, 2) request an invoice from the City for the individual sport league's season use fees, 3) pay/commit to a payment plan for the corresponding use fees, 4) obtain an approved facility use permit prior to being permitted field use for the season, as is allowed for by the terms of this MOU; and
WHEREAS, the Sports Leagues must submit a separate facility use permit request and obtain an approved facility use permit for any and all uses not authorized by the terms of this MOU;
WHEREAS, by entering into this MOU the City, CYBSA, CVSL, CYSA-S, and CLAYF will strengthen their relationship to provide services to the public upon a mutual understanding.
NOW, THEREFORE, the City, CYBSA, CVSL, CYSA-S, and CLAYF mutually understand and agree as follows:
1. General. The foregoing recitals are true and correct and all exhibits referred to hereinafter are hereby incorporated into and made a part of this MOU.
Item 29.
2. Access to City Park Areas by Sports Leagues. The below sections describe park access areas per league. For permitted use of these areas each league must obtain an approved Facility Use Permit for sport season play annually. All non-sport season play must be permitted separately from season league play per a separate Facility Use Permit.
2.1. CYBSA shall have access to the areas of Bagdouma Park described as area A and B in Exhibit 1 attached hereto and incorporated herein by this reference, from February 1 to May31st and September 1st to November 30th , of each year. The permitted access shall be as reflected in the issued annual/monthly Facility Use Permit
2.2. CVSL shall have access to the areas of Rancho Las Flores Park described as areas C1, C2 and C3 in Exhibit 2 and area D in Exhibit 1, as permitted by the issued annual/monthly Facility Use Permit. The available uses of these areas during season play are as follows:
1) July 15th to December 1st : Exhibit 2 areas C1, C2 and C3; 2) January 15 to June 1st: Exhibit 2 areas C1, C2, and C3
2.3. CYSA-S shall have access to the areas of Bagdouma Park described as areas C in Exhibit 1 and as reflected in the issued annual/monthly Facility Use Permit.
The available uses of these areas during season play are as follows:
1) July 15th to December 1st : Exhibit 1 areas C1, C2, C5. C6; 2) January 15th to June 1st : Exhibit 1 areas C1, C2, C3, C4, C5, C6 ;
2.4. CLAYF shall have access to the area of Bagdouma Park described as area C3 and C4 in Exhibit 1 attached hereto and incorporated herein by this reference, from July 20 to November 30, of each year. The permitted access shall be as reflected in the issued annual/monthly Facility Use Permit .
2.5. At all other times and dates not described in Subparagraphs 2.1, 2.2,
2.3, 2.4, and 2.5 above, the areas identified as in Exhibit 1 - 2 as "A", "B", "C", "Cl", "C2" “C3", “C4”, C5”, “C6”, and (hereinafter "League Areas") shall be available and open to be used and accessed by other parties and the general public. Moreover, when the League Areas are not being used by the respective Sports Leagues during their sports season, other parties and the general public shall have use and access to the League Areas .
Item 29.
2.6. None of the use and access rights granted to the respective Sports Leagues in Subparagraphs 2.1, 2.2, 2.3, 2.4, and 2.5 shall abrogate and deny the City's ability to use and access the League Areas for any and all purposes, in the City's sole and absolute discretion, which may include but are not limited for maintenance purposes, for special events, to respond to emergencies, to make improvements to the League Areas, reseed the grass at least twice annually each year in the League Areas, and to carry out other municipal and local responsibilities and duties of the City. When the City exercises its absolute and sole use and access rights described herein, the City will use all reasonable efforts to provide advance notice of its use of the League Areas and to minimize the disturbance and inconvenience this may cause the Sports Leagues.
2.7. Non-Season Play. All non-season play must be permitted separately from season league play per a separate facility use permit. No Sport League can obtain facility use permits for non-season play if it will result in issuance of permitted facility use exceeding a nine month period. Sport League facility use cannot exceed nine months between January 1stand December 315t of each calendar year; total facility use is the combined sport season play and non-sport season play per calendar year. All nonseason play requests will be evaluated individually and approved only if they can be accommodated without impacts to field conditions and existing season play field areas as identified in Section 2 of this MOU.
3. Access to the Snack Bar by Sports Leagues. For permitted use of the snack bars each league must obtain an approved facility use permit as allowed by Chapter 12.32 of the Municipal Code.
4. Non-Profit: 501(c)(3). To be eligible for use of and access to the League Areas, the Sports Leagues have agreed to have a 501(c)(3) status for their respective league organization, as named in the MOU and as currently identified by their respective 501(c)(3) number and Employment Identification Number, and to maintain that 501(c)(3) status active and current. Should the Sports League 501(c)(3) status not be in current standing (such as but not limited to: inactive, suspended or delinquent), the City will issue the Sports League a written Notice of Violation. The Sports League will have 180 days from the status to an active and current standing (as verifiable by public state and federal websites). Should the Sports Leagues not return its 501(c)(3) status to a current status by day 181 from the date of the Notice of Violation the Sports League's Facility Use Permit and facility access will be revoked until corrected.
4
Item 29.
5. General Liability Insurance and Business License. The Sports League shall be required to submit a City of Coachella Business License and proof of required insurance coverage, including certificates of insurance and required endorsements acceptable to City, prior to the start of the season, and before issuance of any Facility Use Permit.
5.1 Commercial General Liability Insurance. Each Sports League shall obtain and maintain, at its sole cost and expense, commercial general liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate, covering claims for bodily injury, personal injury, property damage, and premises/operations liability arising out of or related to the Sports League’s use of City facilities, including Bagdouma Park and/or Rancho Las Flores Park.
5.2 Additional Insured Endorsement. The City of Coachella, its elected and appointed officials, officers, employees, agents, and volunteers shall be named as additional insureds by endorsement for claims arising out of or related to the Sports League’s activities, operations, events, programs, permits, or use of City facilities.
5.3 Primary and Non-Contributory Coverage; Waiver of Subrogation. The required insurance shall be primary and non-contributory to any insurance or selfinsurance maintained by the City. Each Sports League shall provide a waiver of subrogation in favor of the City of Coachella and its elected and appointed officials, officers, employees, agents, and volunteers.
5.4 Evidence of Coverage. Each Sports League shall provide the City with certificates of insurance and all required endorsements at least thirty (30) days before the start of the applicable sports season, or by such earlier date as may be required by the City. The City may require updated proof of coverage at any time during the term of this MOU or any Facility Use Permit.
5.5 No Facility Use Without Required Insurance. No Facility Use Permit shall be issued, and no access to or use of City parks, recreational facilities, or other City property shall be permitted, unless and until the Sports League has provided the required business license, certificates of insurance, and endorsements in a form acceptable to the City. Failure to obtain or maintain the required insurance shall be grounds for immediate suspension or revocation of facility access until corrected to the City’s satisfaction.
Item 29.
5.6 Additional Coverage. The City may require additional insurance coverage, higher limits, or different endorsements based on the nature, size, duration, or risk of a particular use, event, tournament, activity, or permit.
6. Record Keeping.
6.1 The following documents must be provided to the City thirty (30) days prior to the commencement of the sports season in order to ensure no delays are experienced in permitting sport season play: copy of the league bylaws, submit form identifying its board members, file form identifying: when, where and how often the sport league holds its regular meetings, copy of the league's current 501c3 status and original issuance, current insurance documents providing the coverage referenced in Section 5. A facility use permit will not be issued without the above noted documents. If the documents are not provided to the City thirty (30) days prior to the commencement of the sports season the Sports League may experience up to a thirty (30) day delay in obtaining the required Facility Use Permit for facility access.
6.2 Forty-five (45) days after the start of the sports season each Sport League must provide the City the following information: number and names of all teams registered with the Sports League; name and city of residency and age of each registered player listed per team. If the documents are not provided to the City within the forty-five (45) days the Sport League may experience up to a thirty (30) day delay in obtaining the required Facility Use Permit for facility access.
6.3 Staff must be invited to any and all Sport League elections and be provided at least twelve (12) calendar days' notice of such an election via certified mail.
6.4 The Sports Leagues shall keep and maintain during the term of this MOU, in accordance with generally accepted accounting principles, complete books of accounts and accounting records (collectively, the "Books and Records") of all league enrollment fees, purchases and receipts of merchandise, food, beverage, inventories and all sales and other transactions from which the Sports Leagues' receipts and charges are or can be determined.
6.5 The Sports Leagues shall record all transactions, at the time each transaction is made, whether for cash or credit.
6.6 The Sports Leagues shall retain the Books and Records during the term of this MOU and for a period of at least four (4) years after the end of each calendar year thereof.
6.7 The Sports League shall present an annual End of the Year Report to the Parks and Recreation Commission.Page 666
Item 29.
6.8 Each Sports League shall timely comply with all record-keeping, reporting, notice, and submittal requirements in this Section 6 and elsewhere in this MOU. Unless this MOU requires a different method, or unless the City directs otherwise in writing, all required documents, notices, reports, forms, and other submittals shall be provided in writing by e-mail in a commonly accessible digital format or by hard copy delivered to the Public Works Director or the Public Works Director’s designee. The City may use checklists, forms, and written deadlines to help administer and confirm compliance with this MOU. Failure to timely submit required materials may result in delay, suspension, denial, or revocation of the applicable Facility Use Permit, in addition to any other remedy available to the City under this MOU, the Facility Use Permit, the Municipal Code, or applicable law.
7. User Fees. The Sports Leagues must pay the approved user fees for their use of City facilities. All uses must be permitted and codified per an issued Facility Use Permit.
7.1 All Facility Use Permits will reflect the total sports season use costs. Each Sports League will have the option to 1) pay all fees prior to the start of its sports season 2) pay fees on a month to month basis or 3) establish up to three payment installments in order to pay the complete amount owed for use of the City facilities during its sports season (the last installment payment cannot be scheduled later than thirty-one (31) days before the end of the sports season).
Should the Sports League lapse in any one of its arranged payment installments a Notice of Correction will be issued and the Sports League will be provided fourteen (14) days to pay the agreed payment otherwise the Sports League's Facility Use Permit will be revoked until the full payment due is made.
8. Financial Audit. The Books and Records shall, upon five (5) business days' prior written notice to the Sports Leagues, be open for inspection by City, its auditors or other authorized representatives.
8.1 The Sports Leagues shall be audited by a third party financial firm selected and paid for by the City of Coachella bi-annually. Prior to the audit the Sports League will provide written notification of all documents requested to complete the financial audit; the Sports League will be provided 30 days to produce requested documents. Should the documents requested not be produced within the 30 days provided facility access will be revoked until corrected. The final audit documents will be posted on the City website.
8.2 All members of Sport League boards must attend the annual 501c3 training provided by the City.
8.3 All Sport Leagues must obtain a Financial Audit score of C or higher and each Sport League's Financial Audit score much improve each year.
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9. Code of Conduct and Enforcement. The City of Coachella Municipal Code Chapter 12.32 establishes Park Use Regulations. Each Sports League, including its officers, board members, coaches, volunteers, participants, vendors, and spectators, shall comply with the City’s Municipal Code, applicable City rules and policies, all Facility Use Permit conditions, and this MOU while using City parks or City facilities.
9.1 Prohibited Conduct. Prohibited conduct includes, but is not limited to, public intoxication, possession or consumption of alcohol, fighting, threats or acts of violence, disorderly conduct, vandalism, and failure to follow lawful directions from City staff, law enforcement, code enforcement officers, or other authorized City representatives.
9.2 League Responsibility. Each Sports League shall take reasonable steps to help prevent and address violations occurring during its permitted use of City facilities.
These steps include communicating applicable park rules to coaches, volunteers, participants, and spectators; promptly notifying the City of serious incidents, including violence, threats of violence, public intoxication, or disorderly conduct; cooperating with City staff and law enforcement; and taking corrective action when requested by the City.
9.3 City Enforcement Rights. Violations may result in one or more enforcement actions or remedies, including removal from City property, issuance of citations or administrative fines where authorized by law, restricting the violator from accessing the park, suspension or revocation of a Facility Use Permit, denial of future facility use, issuance of a Notice of Violation to the applicable Sports League, or termination of this MOU as provided herein.
9.4 Individual Restrictions; League Consequences. If violations are recurring, serious, or unresolved, the City may restrict the violator from accessing City parks or facilities for the remainder of the Sports League season, or for such other period as may be permitted by law. Extended restriction periods will result in a written Notice of Violation issued by the City of Coachella Public Works Director or designee. If violations are repeated, serious, involve violence, threats of violence, public intoxication, disorderly conduct, or show that a Sports League has failed to take reasonable corrective measures, the City may also impose permit-related remedies against the Sports League, including suspension or revocation of facility access.
9.5 No Limitation on City Authority. Nothing in this Section limits the City’s authority to enforce its Municipal Code, exercise its police powers, or take any action otherwise authorized by law.
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10. Term. This MOU shall be effective as of July 15th , 2026, and shall continue in effect until July 15th, 2031, unless earlier terminated as provided herein. This MOU shall be automatically renewed from year to year on July 1st, unless either Party gives notice to the other Parties, on or before May 1 of each year, of its intent not to renew this MOU.
11. Termination of Agreement.
11.1 Grounds for Termination. City may, by written notice to Sports Leagues, terminate this Agreement at any time for violations of the City's Municipal Code Chapter 12 Park Use Regulations and may terminate this Agreement without cause by giving written notice to Sports Leagues of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.
12. Notice. Notices under this MOU shall be given in writing, by personal delivery, or first class mail, addressed to:
For CYBSA: For CYSA-S:
President, Coachella Youth President, Coachella Youth
Baseball & Softball Association Sports Association - Soccer P.O. Box 1296 P.O. Box 1323
Coachella, CA 92236 Coachella, CA 92236
For CLAYF
President, Coachella Little
Arabs Youth Football
P.O. Box 1109
Coachella, CA 92236
For City of Coachella: For CVSL:
City Manager President
53-990 Enterprise Way 51544 Cesar Chavez St. Suite 1H
Coachella, CA 92236 Coachella, CA 92236
13. Amendments. To the extent that either of the Parties believes that the MOU should be amended, the Parties agree to negotiate on such amendments in good faith in order to further the objectives of this MOU.
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14. Complete and Final Agreement. This MOU contains the entire understanding of the Parties hereto with respect to the subject matter contained herein, and represents the complete and final expression of the Parties and supersedes any prior written or oral discussion, negotiation, understandings or agreements between the Parties.
15. Successors and Assigns; Transfer or Sale. No interest in this MOU shall be sold, assigned, pledged or alienated in any manner without the written consent of the other Parties.
This MOU shall be binding on and shall inure to the benefit of the Parties hereto and their respective successor and permitted assigns. Permitted and access to the aforementioned City facilities (Park and Snack Bar Use) is provided to the Sports Leagues by the City and cannot be transferred/given by the Sports Leagues to any other entity.
16. No Third Party Beneficiaries. This MOU is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms and understandings.
17. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same document.
18. New Party Requirements. No Sport League can be eligible to be added as a party to the Agreement unless: 1) less than two organizations are providing one of three youth sports (soccer, baseball/softball, football); 2) Sport League applicant must have at least three consecutive years in operation 3) Sport League applicant can provide the following documents for three consecutive years: active and current 501c3 status, 1023 documents, Registered with Franchise State Tax Board documents, Registered as a State Charity, financial documents including general ledger of all transactions for the same three years, applicant can provide all Financial Audit documents and obtain a score of C or better by the City assigned third party auditor
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WHEREFORE, IN WITNESS THEREOF, the City, CYBSA, CVSL, CYSA-S, CVRYFA, and CLAYF hereby execute and enter into this Memorandum of Understanding with the intent to be bound thereby through their authorized representatives whose signatures are affixed below.
CITY OF COACHELLA:
By:
City Manger
COACHELLA YOUTH BASEBALL
AND SOFTBALL ASSOCIATION
By:
Name/Title
ATTEST:
By:
Angela M Zepeda, City Clerk
COACHELLA VALLEY SOCCER
LEAGUE:
By:
Name/Title
APPROVED AS TO FORM:
By:
City Attorney
COACHELLA YOUTH SPORTS
ASSOCIATION – SOCCER
By:
Name/Title
COACHELLA LITTLE ARABS
YOUTH FOOTBALL
By:
Name/Title
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A
B C1
C2
C5
C6
C3 C4
EXHIBIT 1Bagdouma Park
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C1 C2 C3
EXHIBIT 2 Rancho Las Flores Park
Item 29.
STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Ryan Guiboa, City Attorney
SUBJECT: A Disruption Policy Pursuant to Senate Bill 707 STAFF RECOMMENDATION:
That the City Council adopt a policy addressing disruptions at Council meetings in compliance with Senate Bill 707.
EXECUTIVE SUMMARY:
Senate Bill 707 (SB 707) updates teleconferencing and accessibility requirements under the Brown Act, including new provisions related to remote participation and public access to meetings.
On or before July 1, 2026, legislative bodies must adopt a policy to address a disruption of the meeting that would prevent public participation or access and provide a two-way telephonic or audiovisual platform for public participation.
BACKGROUND:
On October 3, 2025, SB 707 was signed, bringing significant updates to the Ralph M. Brown Act by modernizing rules for public meetings and expanding public access. The Brown Act establishes requirements for open meetings of local legislative bodies. SB 707 updates provisions related to remote participation options for the public and requires a policy that addresses potential disruptions to City Council meetings.
DISCUSSION/ANALYSIS:
The proposed Disruption Policy establishes procedures for responding to interruptions in remote meeting access, including temporary recess procedures, restoration efforts, reconvening requirements, and documentation standards. Adoption of the policy ensures the City remains compliant with State law while preserving transparency and public participation during public meetings.
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The proposed Disruption Policy establishes procedures consistent with Government Code Section 54953.4. The policy provides a framework for maintaining public transparency while allowing meetings to continue in situations where technological interruptions occur despite good faith restoration efforts.
FISCAL IMPACT:
This policy does not have a direct fiscal impact.
ATTACHMENTS:
Attachment 1 – Disruption Policy pursuant to Senate Bill 707
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46700.00120\45094227.1
CITY OF COACHELLA:
POLICY REGARDING DISRUPTION OF TELEPHONIC OR INTERNET SERVICE
DURING MEETINGS
1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely.
2. Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Coachella, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.
3. Definitions
“Service Disruption” means any failure, outage, or other interruption to the City’s remote access services that prevents members of the public from participating in a City Council meeting through the remote access service.
“Disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Coachella
b. Engaging in behavior that constitutes use of force or a true threat of force. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.
“Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a twoway telephonic service. “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
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46700.00120\45094227.1
“True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
4. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City is a party.
b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City, provided that the topic of the meeting is limited to items directly related to the facility. e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.
5. Remote Public Access Generally
When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two-way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location.
If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting.
If a two-way audiovisual platform is used, the City Council shall:
a. Publicly post and provide a call-in option as well; and b. Activate any automatic captioning function that is available in the audiovisual platform.
If a two-way audiovisual platform is not provided, the City Council shall provide a two-way telephonic service.
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46700.00120\45094227.1
Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment.
6. Response to Service Disruption
If the Mayor, City Clerk, or other authorized meeting official becomes aware of a service disruption:
a. The Mayor or City Clerk shall immediately announce the service disruption to the public.
b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act. c. The recess shall last for one hour or until service is restored, whichever is earlier. d. During the recess, City of Coachella staff shall make a good faith effort to diagnose and restore the disrupted service.
7. Reconvening the Open Session
After the expiration of the hour, if service has not been restored, the Mayor or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn the meeting;
b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Coachella has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.
8. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including:
The nature and time of the service disruption;
The time the meeting was reconvened (if applicable);
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46700.00120\45094227.1
Any finding adopted pursuant to Section 7 of this policy.
9. Response to Members of the Public Disrupting a Meeting If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting either in-person or through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Mayor or City Clerk shall warn the person that he or she is disrupting the meeting and his or her failure to cease that behavior may result in his or her removal.
b. If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to:
i. mute or otherwise limit the individual’s ability to disrupt the meeting if attending through remote access services, while allowing the individual to continue to observe the meeting; or
ii. remove the individual from the meeting room if the person is attending the meeting in-person.
10.Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.
Item 30.
STAFF REPORT
6/24/2026
TO: Honorable Mayor and City Council Members
FROM: Gustavo Romo, City Manager
PREPARED BY: Andrew Simmons, P.E., Director of Public Works/City Engineer SUBJECT: Public Hearing and Adoption of Resolution No. 2026-38 Confirming the Assessment and Diagram and Ordering the Levy and Collection of Assessments for the City of Coachella Landscape and Lighting Maintenance District No. 1 through 40 for Fiscal Year 2026/2027
STAFF RECOMMENDATION:
The City Council adopts Resolution No. 2026-38:
1. Confirming the Diagram and Assessments and Ordering the Levy and Collection of Assessments for the City of Coachella Landscaping and Lighting Maintenance District 1 through 40 for Fiscal Year 2026/2027, pursuant to the provisions of Part 2 Division 15 of the California Streets and Highways Code.
2. Authorize and Direct the City Clerk to file the diagram and assessment with the Riverside County Assessor/ County Clerk-Recorder’s Office BACKGROUND:
In accordance with the “Landscaping and Lighting Act of 1972” of the Streets and Highways Code, on May 27, 2026, the City Council adopted Resolution No. 2026-30 and initiated proceedings to update the Districts for the next fiscal year declaring its Intention to Levy and Collect Assessments and Ordered the preparation of the Engineer’s Report. On May 27, 2026 the CityCouncil adopted Resolution No. 2026-31 giving Preliminary Approval of the Engineer’s and setting a time and place for the Public hearing to Levy and Collect Assessments. A map displaying the Districts is attached herewith in Attachment #2.
Resolution No. 2026-38, if approved, will confirm the assessments for the Fiscal Year 2026/2027 for the City of Coachella Landscaping and Lighting Maintenance District Number 1 through 40, shown on the attachments #1 and #2. A notice of Public Hearing was posted in the local newspaper on the attached in attachment #3.
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FISCAL IMPACT:
Approval of the assessments would have no adverse impact to the General Fund. The proposed assessments for each District has been prepared based upon the improvements and maintenance expenses necessary to maintain the common areas within each District. The revenues and expenditures are accounted for within separate 160 fund accounts within each District.
ATTACHMENTS:
1. Resolution 2026-38
2. LLMD Districts No. 1 through 40 FY 2026/2027 Consolidated Engineer’s Report
3. Public Notice
Item 31.
RESOLUTION NO. 2026-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, CONFIRMING THE ASSESSMENT AND
DIAGRAM AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE CITY OF COACHELLA LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 1 THROUGH 40 FOR
FISCAL YEAR 2026/2027, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE
WHEREAS, the City Council and the City of Coachella, California (“City Council”) has adopted Resolution No. 2026-30 on May 27, 2026 Initiating the Preparation of the Engineer’s Report Declaring Intention to Levy and Collect Assessments for Fiscal Year 2026/2027 for the City of Coachella Landscaping and Lighting Maintenance District Number 1 through 40 pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972”, being Part 2 Division 15 of the California Streets and Highways Code; and
WHEREAS, this City Council has directed the staff to prepare the Engineer’s Report, and the City Engineer has prepared and submitted the report to the City Clerk his report pursuant to law for the City Council’s consideration; and
WHEREAS, the City Council has adopted Resolution Number 2026-31 on May 27, 2026 Giving Preliminary Approval of the Preliminary Engineer’s Report for Levy of Annual Assessments for Landscaping and Lighting Maintenance Districts 1 through 40 Declaring the Intention to Levy and Collect Assessments for Fiscal Year 2026/2027 and Set a Public Hearing for Districts 1 through 40; and
WHEREAS, the City Council scheduled a Public Hearing on June 24, 2026 at 6:00 p.m. prior to confirmation of the proposed assessments for Fiscal Year 2026/2027; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella as follows:
Section 1. That above recitals area all true and correct Section 2. Following notice duly given by publication, the City Council has held a full and fair Public Hearing regarding the Levy of the Proposed Assessment within the City of Coachella Landscaping and Lighting Maintenance District No. 1 through 40 for Fiscal Year commencing on July 1, 2026 and ending June 30, 2027, to pay for the cost and expenses of maintaining and servicing existing and proposed public landscaping and storm drain facilities installed and constructed within public places in the City of Coachella, pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code. All interested persons were offered the opportunity to hear and be heard regarding protests and objections to the Levy and Collection of the Proposed Assessment against lots or parcels of real property within City of Coachella Landscaping and
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Resolution No.
2025-30 Page 2
Lighting Maintenance District No. 1 through 40. All protests and objections to the Levy and Collection of the proposed assessments for the Fiscal Year 2026/2027 commencing on July 1, 2026 and ending on June 30, 2027, area hereby overruled by the City Council.
Section 3. The City Council hereby orders the maintenance and servicing of the existing and proposed public landscape facilities installed and constructed in public places in the City of Coachella and hereby confirms the diagram and assessment set forth in the Engineer’s Report.
Section 4. The assessment is in compliance with the provisions of the “Landscaping and Lighting Act of 1972,” being Part 2 of Division 15 of the California Streets and Highways Code and with any applicable provisions of Proposition 218.
Section 5. The assessment is levied without regard to property valuation.
Section 6. The assessment is levied for the purpose of paying the costs and expenses of maintaining and servicing existing and proposed public landscaping facilities installed and constructed in public places in the City of Coachella for the Fiscal Year commencing on July 1, 2026 and ending on June 30, 2027.
Section 7. The adoption of Resolution No. 2026-38 constitutes the levy of an assessment for the Fiscal Year commencing on July 1, 2026 and ending on June 30, 2027.
Section 8. The maintenance and servicing of the public landscaping facilities shall be performed pursuant to law and the County Recorder/Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City of Coachella Finance Department.
Section 9. The City of Coachella Finance Department shall deposit all monies representing assessments collected by the County to the credit of a special fund known as Special Revenue Funds Special Assessments, City of Coachella Landscaping and Lighting Maintenance District No. 1 through 40.
Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the Riverside County, Assessor’s Office, together with a certified copy of Resolution 2026-38 upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be filed in the Office of the City Clerk, with a duplicate copy on file in the office of the City Engineer and open for public review.
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Resolution No. 2026-38
PASSED, APPROVED and ADOPTED this 24th day of June 2026. ___________________________________
Dr. Frank Figueroa
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney
Item 31.
Resolution No. 2026-38
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2026-38 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 24th day of June 2026, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 31.
Resolution No. 2026-38
Exhibit A
CITY OF COACHELLA LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 THROUGH 40 FISCAL YEAR 2026/2027
BOUNADARY MAP
Item 31.
Resolution No. 2026-38
Exhibit B
CITY OF COACHELLA LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 THROUGH 40 FISCAL YEAR 2025/2026
PROPOSED LEVY
DISTRICT NUMBER PROPOSED LEVY PER
LOT
NUMBER OF LOTS
AREA 1 $109.60 127
AREA 2 $59.76 130
AREA 3 $95.40 181
AREA 4 $94.42 66
AREA 5 $0.00 0
AREA 6 $214.28 171
AREA 7 $152.90 161
AREA 8 $25.26 138
AREA 9 $176.42 32
AREA 10 $81.86 75
AREA 11 $84.76 105
AREA 12 $264.58 76
AREA 13 $438.82 168
AREA 14 $446.12 90
AREA 15 $723.46 48
AREA 16 $825.00 554
AREA 17 $745.90 162
AREA 18 $743.92 172
AREA 19 $438.30 126
AREA 20 $791.26 81
AREA 21 $183.82 70
AREA 22 $727.66 118
AREA 23 $730.46 119
AREA 24 $909.14 291
AREA 25 $709.58 87
AREA 26 $0.00 0
AREA 27 $813.26 112
AREA 28 $794.54 171
AREA 29 $602.88 152
AREA 30 $625.00 160
AREA 31 $700.00 265
AREA 32 $640.40 250
AREA 33 $851.70 282
AREA 34 $757.94 115
AREA 35 $950.00 157
AREA 36 $716.96 108
AREA 37 $0.00 0
AREA 38 $636.74 150
505
5 AREA 39 $477.10 107
AREA 40 $558.52 155