El Centro City Council
March 19, 2024

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, MARCH 19, 2024
City Hall Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by March 19, 2024.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=85062570854 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Sylvia Marroquin City Manager: Cedric Ceseña
Mayor Pro-Tem: Edgard Garcia City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Martha Cardenas-Singh
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.

Agenda City Council of the City of El Centro March 19, 2024 City of El Centro Page 2

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation by the City pursuant to Govt. Code Section 54956.9(d)(4) - City challenge to possible LAFCO approval of PMHD expansion.

EXISTING LITIGATION
The City Council will recess to closed session to consider existing matters in City of El Centro v. Local Agency Formation Commission.

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK:

PLEDGE OF ALLEGIANCE:

INVOCATION:

Agenda City Council of the City of El Centro March 19, 2024 City of El Centro Page 3
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:35 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Captain Ernesto Ruedas, California Highway Patrol would like to formally introduce himself to City Council and staff

2. Douglas Hisel, Operations & Safety Supervisor, CUHSD, Presentation of a Pedestrian Safety/Safe Routes to School Survey.
6:35-6:40 CONSENT AGENDA:

3. Approve Warrant Registers for February 2024

4. Approve Payroll Registers for the Month of February 2024

5. Approve Treasurer's Report for the month of February 2024.

6. Approval of City Council Minutes of March 5, 2024.
6:40-7:15 NEW BUSINESS:

7. Discussion and any Necessary Action Regarding the Acceptance of 2023 Housing Element Annual Report.

PRESENTATION: Angel Hernandez, Director of Community Development RECOMMENDATION:

Staff recommends that the City Council accept the City’s Annual Housing Element Progress Report on the Implementation of the Housing Element and direct that the report be submitted to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

Agenda City Council of the City of El Centro March 19, 2024 City of El Centro Page 4

8. 2023 Solid Waste Contract Compliance Audit
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

1. Approve FY'24 budget amendment as presented

2. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING AN AGREEMENT FOR PROFESSIONAL

SERVICES BETWEEN THE CITY AND HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING SERVICES.

9. Approval of consulting agreement with Landmark Consulting, Inc. for geotechnical services
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

1. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH LANDMARK CONSULTANTS, INC FOR PROFESSIONAL SERVICES RELATING TO THE POLICE STATION PROJECT.

2. Authorize the use of Police bond funds as presented.

LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

10. Imperial and Villa Local Emergency Update.

11. Received and referred to Community Development Department, Application for Alcoholic Beverage License- Sizzler USA Restaurants Inc. 707 N. Imperial Ave, El Centro, CA 92243-1913.

12. Southern California Gas Company (SOCALGAS) Notice of Request to Increase Rates for the Hydrogen Blending demonstration Projects Application No. A.22-09-006.
7:15-7:40 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:40-7:50 CITY MANAGER REPORT:

Agenda City Council of the City of El Centro March 19, 2024 City of El Centro Page 5

ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6311) DOC ID: 6311
Captain Ernesto Ruedas, California Highway Patrol would like to formally introduce himself to City Council and staff 1 Packet Pg. 6
City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6294) DOC ID: 6294
Douglas Hisel, Operations & Safety Supervisor, CUHSD,
Presentation of a Pedestrian Safety/Safe Routes to School Survey.

ATTACHMENTS:
• Central Union High School (1) (PDF)
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Attachment: Central Union High School (1) (6294 : Presentation by Douglas Hisel, Central Union High School District)

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Attachment: Central Union High School (1) (6294 : Presentation by Douglas Hisel, Central Union High School District) City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6297) DOC ID: 6297
Warrant Registers for February 2024
CITY MANAGER’S RECOMMENDATION:

Approve Warrant Registers for February 2024
FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• February 2024 (PDF)
3 Packet Pg. 22

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Attachment: February 2024 (6297 : Warrant Registers - February 2024) City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Cristhian A. Zambrano
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6307) DOC ID: 6307
Approval of Payroll Registers for the Month of February 2024 CITY MANAGER’S RECOMMENDATION:

Approve Payroll Registers for the Month of February 2024 ATTACHMENTS:
• PAYROLL REGISTERS FEBRUARY 2024 (PDF)
4 Packet Pg. 86

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Attachment: PAYROLL REGISTERS FEBRUARY 2024 (6307 : Payroll Registers for the Month of February

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Attachment: PAYROLL REGISTERS FEBRUARY 2024 (6307 : Payroll Registers for the Month of February City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Nora Salas
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6308) DOC ID: 6308
Treasurer's Report for February 2024
CITY MANAGER’S RECOMMENDATION:

Approve Treasurer's Report for the month of February 2024.

ATTACHMENTS:
• Treasurer's Report February 2024 (PDF)
5 Packet Pg. 98

CITY OF EL CENTRO
TREASURER’S REPORT

SCHEDULE OF INVESTMENTS
FEBRUARY 2024
Market
Value
Maturity Rate
Par IPcutl YIM Cost

GENERAL ACCOUNT
U.S. Sm’ingt pad CD's
Comerica Bk Dallas Tex 200339FE4
First FinI BK3202ISKR6
JPMorgan Chase BK N 46656MQE4
MemberSource CR UB Huston 58600MAD5
US BK Natl Assn 90355UCM5
03/28/24 $
02/14/25 $
09/27/24 J
03/13/24 $
02/07/25 $
235.000 5250
235.000 4.850
235.000 5700
245.000 5.450
235.000 4.950

5.250 $

4.860 S

5.700 $

5.450 $

4.970 $
235.000 $
235,000 $
235,000 $
245,000 S
235.000 S
234,953
234,577
235,080
245,007
234.022
1,185,000 1,185,000 1,183,640
U.S. Corporate Obligations
Valley Natl Bk Passaic N J 919853HT1
American Exp Natl Bank 02589ACN0
Grcenstate Cr Un North Liberty 39573LBJ6
Sallie Mae Bk Murray Utah 7954506Z3
Texas Exchange Bk Crowley 8824ITLS7
Toyota FinI Svgs Bk Hend Nv 89235MLG4
Synchrony Bank 87I64XA22
Mountain Amer Fed Cr Un West 62384RAQ9
All in Fed Cr Un Delaville A 0I664MAH9
Affinity Fed Cr Un 00832KBU2
Kemba Financial Credit Union 48836LAV4
Metro Cr Un Chelsea Mass 59161YBH8
Subtotal
03/08/24
05/13/24
06/17/24
07/08/24
07/30/24
08/12/24
09/03/24
10/15/24
10/31/24
11/15/24
11/25/24
03/11/25
S 245,000
245,000
245,000
245,000
245,000
245.000
245.000
245.000
245,000
245,000
245,000
245,000
5050 5.050
0 029 0.030
0450 0460
0 550 0 560
0 500 0.510

0.600 0.610

0.550 0.560

4.760 4.760

5.700 5680

5.800 5.780

5.150 5.150

5.650 5.610
S 245.000
245.000
245,000
245,000
245.000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
S 244,976
243,782
241,526
240,928
240,247
239,951
239,473
244,473
245,782
246,044
245,056
246,600
S s $
$ s s
$ s s
s s $
$ s $
s s s
s s s
s s s
s s s
s s s
s s s
2,940,000 2,940,000 2,918,837
U.S. Government Obligations
FHLMCMTN3134GY6V9
Federal Home Loan Bks 3130ARE72
Federal Home Loan Bks 3130AND72
Federal Home Loan Bks 3130ALYE8
FHLMCMTN3I34GXFC3
Federal Home Uan Bks 3130AMZM7
FNMA3I35GA4R9
Federal Home Uan BIk 3130AQRP0
Federal Home Loan Bks 3130ANLX6
FHLMCMTN3I34GY4Z2
Federal Home Loan Bks 3130AMV74
Federal Home Loan Bks 3I30ALZX5
FHLMCMTN3I34GX6B5
Federal Home Loan Bks 3130APV69
FHLMCMTN 3134GY4Y5
Federal Home Loan Bks 3130AMBY7
Federal Farm Cr Bks 3133EPG90
Federal Home Loan Bks 3130APZ8I
Federal Home Loan Bks 3130AR3B5
Federal Home Loan Bks 3130AMGV8
Federal Home Loan Bks 3130AM2B7
Federal Home Loan Bks 3130AMQU9
Federal Home Loan Bks 3130AXCS5
Federal Farm CR Bks 3133EP2P9
Federal Home Uan Bks 3130AYQG4
Federal Home Loan Bks 3130AM2F8
Subtotal
$ 5.050 5.050 $

1.500 1.500 S

0.430 0.430 S

0.450 0.450 S

0.350 0.360 S

0.500 0.510 S

0.420 0.430 $

1.400 1.430 $

0.500 0.510 $

5.000 5.000 $

0.400 0.410 $

0.520 0.540 $

5.375 5.390 $

1.000 1.030 S

5.200 5210 $

0.550 0.570 $
5450 5.460 $

1.250 1.290 $

1.780 1.770 S

0.625 0.650 $

0.625 0 650 $

0.625 0.650 $

5.600 5.600 S

5.260 5.260 $

5.250 5.260 S
I 125 1210 S
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
$ 749,783
748,335
743,768
743,790
738,840
737,475
732,788
735,435
731,618
749,505
729,353
727,440
748,388
727,800
747,945
725,055
749,033
727,155
736,380
716,865
719,070
717,293
750,443
749,453
749,130
694,965
03/22/24
03/28/24
04/29/24
04/29/24
06/14/24
07/15/24
08/23/24
08/23/24
08/26/24
08/28/24
09/30/24
10/29/24
11/15/24
11/25/24
11/26/24
11/26/24
11/29/24
12/16/24
02/25/25
02/26/25
04/29/25
06/16/25
09/26/25
11/13/24
01/29/26
04/29/26
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
s $
s s
s s
s s
s s
$ s
$ s
$ $
s s
s $
s $
s s
s s
$ s
$ $
s $
s s
s s
$ s
s s
s s
s s
s s
s $
$ s
19,500,000 19,500,000 19,127,100
Other Investments
Cash Equiv.

Local Agency Investment Fund
Subtotal
$ 5,100,994 0.010
S 67,566,758 4.122
0010 $ 5,100,994 $ 5,100,994
4122 $ 67,566,758 $ 67,566,758
72,667,752 72,667,752 72,667,752
Subtotal 96,292,752 96,292,752 95,897,328
Bonds

0.010 $ 1,928,488 $ 1,928,488

0.010 $ 6,660,444 $ 6,660,444

0.010 $ 36,942,057 $ 36,942,057
45,530,990 45,530,990
Series B - 2007 Redevelopment
2021 Series A ● Library Bond Project
2023 Series A - Police Station Project
S 1,928,488 0.010
S 6,660,444 0.010
S 36,942,057 0.010
45,530,990
Total 141,823,742 141,823,742 141,428318

5.a
Packet Pg. 99
Attachment: Treasurer's Report February 2024 (6308 : Treasurer's Report For February 2024)

CITY OF EL CENTRO
TREASURER’S REPORT

SCHEDULE OE INVESTMENTS
FEBRUARY 2024
Prior Fiscal
Year YTD
Same Period
This Fiscal
Month YTD
Interest Received
Other Investments 110,994
LAIF
Total
553,380
L786.342
2,339,723
223,173
683.031
110,994 906,204
Balance
01/31/24
Balance
Change 02/29/24
Monthly Activity
General Accounts
U.S. Savings and CD's
U.S, Corporate Obligations
U.S. Government Obligations
Cash Equiv. & Other Investments
LAIF
960,000.00
3,185,000.00
23,250,000
1,012,085
67,566,758
225,000.00
(245,000.00)
(3,750,000.00)
4,088,909.12
1,185,000.00
2,940,000
19,500,000
5,100,994
67,566,758
95,973,843 318,909 96,292,752
Trustee Accounts
Series B - 2007 Redevelopment
Library 2021 Bond Project
El Centro Police 2023 Bond Project
S 1,928,488
6,660,444

36.942,057
45,530,990
1,928,480
6,660,416

36.809.923
45,398,819

28.29 132,134
132,171
Total $ 141,372,662.16 $ 141,823,741.89
I hereby certify that this report reflects the pooled investments of the City of El Centro and is in conformity with the Investment Policy of the City as adopted by the City Council on February 21,2001.

A copy of this Policy is available at the Office of the City Clerk. In the opinion of the undersigned, the City's expenditure requirements for the following six months, can be met from projected revenues and maturities of Investments listed herein.

Karla Chaparro *
Director of Finance

5.a
Packet Pg. 100 Attachment: Treasurer's Report February 2024 (6308 : Treasurer's Report For February 2024) Cityof El Centro
Treasurer's Report
Summary of Investments
as of 02/29/2024
Investment Unrealized
gain/loss Net increase
decrease
Market Value
end of Period
percent
of total
income
CosVPar to-date (*)(**)
1 U.S. Savings and CD's 1,185,000 (1360) $ 1,183,640 1% 2 U.S Corporate Obligations $ 2,940,000 (21,163) S 2,918,837 3% U.S. Government Obligati $ 19,500,000 S (372,900) $ 19,127,100 20% $ 5,100,994 5% 4 Cash Equiv. & Other Inve; 5,100,994
5 LAIF $ 67,566,758 $ 67,566,758 70%
Total $ 96,292,752 S (395,423) $ 95,897,328 100%
(*) Investments 1 through 5
Investments are held to maturity redemption is at cost rendering no loss.

5.a
Packet Pg. 101 Attachment: Treasurer's Report February 2024 (6308 : Treasurer's Report For February 2024) City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6304) DOC ID: 6304
Approval of City Council Minutes of March 5, 2024.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of March 5, 2024.

ATTACHMENTS:
• 03-05-2024 Regular CC Minutes (PDF)
6 Packet Pg. 102
Book 37

JOINT REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY COUNCIL AS SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY/

SUCCESSOR HOUSING AGENCY

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, MARCH 5, 2023 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, March 5, 2024 at 11:34 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans

CLOSED SESSION PUBLIC COMMENT
None

CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Garcia, to adjourn into closed session for:

ANTICIPATED LITIGATION:

A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation by the City pursuant to Govt. Code Section 54956.9(d)(4).

POSSIBLE LITIGATION:

A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation against the City pursuant to Govt. Code Section 54956.9(d)(2) - Claim of Elizandro Vargas.

EXISTING LITIGATION:

The City Council will recess to closed session to consider existing matters in City of El Centro v. Local Agency Formation Commission and Brownlee v. City of El Centro.

Motion unanimously carried.

Closed Session concluded at 1:30 p.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a joint regular session on Tuesday, March 5, 2024, 2024 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans

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Packet Pg. 103 Attachment: 03-05-2024 Regular CC Minutes (6304 : Approval of City Council Minutes) Book 37

Pledge of Allegiance to the flag of the United States of America was led by Council Member Cardenas-Singh and Invocation was given by Council Member Carter.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session.

PUBLIC COMMENTS
Public comment was received by Guillermo Hernandez.

PRESENTATION AND ANNOUNCEMENTS BY MAYOR

1. Central Union High School Cheerleading Team won the CIF-San Diego Championship in the Co-Ed Non-Tumbling Division. Certificate accepted by Joshua Wise, CUHDS Athletic Director.

2. Central Union High School Girls Varsity Soccer Team finished runner-up in their CIF-San Diego Section Division III Championship. First time in school history. Certificate accepted by Joshua Wise, CUHDS Athletic Director.

CONSENT AGENDA (ITEMS 3-8)
Moved by Garcia, second by Cardenas-Singh, approving consent items # 3-8.

3. Approval of City Council Minutes of February 20, 2024.

4. Accepted Mr. Armando Lopez resignation from the Library & Community Services Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.

5. Approved the execution of a Contract Change order #4 in the amount of $247,398.15 and approve a revised budget as presented for the 2023 Streets Overlay Project.

6. Adoption of Resolution No. 24-10, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO DECLARING AND AUTHORIZING THE DISPOSAL OF OBSOLETE AND SURPLUS CITY PROPERTY BY AUCTION.

7. Adoption of Resolution No. 24-11, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A CASE SKID STEET LOADER FOR THE PUBLIC WORKS STREETS DIVISION.

8. 1. Approval of a Budget Amendment request for additional funding from the Enterprise funds.

2. Adoption of Resolution No. 24-12, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A 2023 FOR F750 LOAD KING DUMP TRUCK FOR THE WASTEWATER TREATMENT PLANT.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

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Packet Pg. 104 Attachment: 03-05-2024 Regular CC Minutes (6304 : Approval of City Council Minutes) Book 37

NEW BUSINESS

9. Moved by Cardenas-Singh, second by Carter, adoption of Resolution No. 24-13, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING THE UPDATED SANITARY SEWER SYSTEM MANAGEMENT PLAN (SSMP).

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

10. Presentation by Adriana Nava, Community Services Director, discussion and necessary action related to proposals received for Community Development Block Grant (CDBG) Program Year 2024-2025.

Summary of Recommended Activities
Name of Organization Program Description Amount Requested Recommended Allocation
Community Services Dept. - Fair Housing
Program
Promote Fair Housing Activities
*Required Activity $ 47,250 $ 47,250
Catholic Charities - Senior Nutrition Program Food delivery to homebound seniors. Recommendation that 80% of allocation be utilized for purchase of food. $ 20,000 $ 20,000 Catholic Charities - Homeless Day Center Day center designed to cater to the homeless. Center will provide shelter, bathrooms and showers, laundry,
and supportive services.
$ 20,000 $ 10,000
Sure Helpline Center - Safe Haven Sheltering of Domestic Violence victims, counseling, crisis intervention, legal services
$ 42,600 $ 5,130
El Centro PAL Recreational programs & activities including soccer, boxing, martial arts, golf, fishing, bowling, tutoring, and mentoring.
$ 10,000 $ 5,130
Capital Improvement Project (TBD) Construction costs for ongoing sidewalk program $ 271,715 $ 271,715 Community Services Dept. Lead Based Paint $ 5,000 $ 5,000 Community Services Dept. Asbestos Removal $ 10,000 $ 10,000 Community Services Dept. Sidewalks in support of Housing Rehabilitation $ 10,000 $ 10,000 Community Development Dept. Code Enforcement Program $ 82,500 $ 82,500 Community Services Dept. Program Administration $ 116,681 $ 116,681 TOTAL $ 635,746 $ 583,406
Council discussed several options for the allocation of the funds and came to a conclusion of the recommended activities to fund.

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Packet Pg. 105 Attachment: 03-05-2024 Regular CC Minutes (6304 : Approval of City Council Minutes) Book 37

Moved by Oliva, second by Carter, to fund SURE Helpline in the amount of $5,130, PAL $5,130 and construction cost for ongoing sidewalk program in the amount of $271,715 in Capital Improvement Projects. Directing staff to request the financials from SURE Helpline for the second meeting in April and if we do not receive the financials, we will move the amount allocated to SURE Helpline to another agency.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

11. Motion by Oliva, second by Marroquin, to ratify a Letter of Support requested by Southern California Association of Governments (SCAG) for Regional Early Action Planning (REAP).

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None
City Council recessed and convened as the Successor Agency to the Redevelopment Agency at 7:34 p.m.

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
PRESENT: Agency Members: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter Agency Secretary Wyles, Executive Director Manager Ceseña, Agency Counsel Martyn Evans

12. Presentation by Abraham Campos, Public Works Director/City Engineer, discussion and related action regarding the granting of easement to Imperial Irrigation District for the Jacaranda Apartments Project.

Moved by Oliva, second by Garcia, approval of a grant of easement in favor of Imperial Irrigation District and direct the City Manager to execute the grant of easement and necessary supporting documents.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
Successor Agency to the Redevelopment was adjourned at 7:39 p.m. Moved by Cardenas-Singh, second by Oliva to reconvene as City Council.

LEGISLATIVE
None

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.

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Packet Pg. 106 Attachment: 03-05-2024 Regular CC Minutes (6304 : Approval of City Council Minutes) Book 37

CITY MANAGER REPORT
Reported on activities.

ADJOURNMENT
With no further business the meeting was adjourned at 7:51 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor

6.a
Packet Pg. 107 Attachment: 03-05-2024 Regular CC Minutes (6304 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Report
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
ACTION ITEM (ID # 6229) DOC ID: 6229
Discussion and any Necessary Action Regarding the
Acceptance of 2023 Housing Element Annual Report.

CITY MANAGER’S RECOMMENDATION:

Staff recommends that the City Council accept the City’s Annual Housing Element Progress Report on the Implementation of the Housing Element and direct that the report be submitted to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development FISCAL IMPACT:

Not Applicable
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 6: Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Not Applicable
BACKGROUND:

The City of El Centro 2021-2029 Housing Element was adopted by the City Council on February 1, 2022, and certified by the California Department of Housing and Community Development on April 11, 2022. The Housing Element establishes the City’s strategy for meeting community housing needs for the period 2021-2029 and is one of nine integral and interrelated elements of the City of El Centro General Plan.

State law requires that every jurisdiction prepare an annual progress report on the status and progress in implementing the jurisdiction's Housing Element. The Housing Element Annual Progress Report is prepared by City staff using forms provided by the California Department Housing and Community Development. It must be presented in a public meeting before the City Council prior to being sent to the State. While charter cities are exempted from preparing the Annual Progress Report, all cities must submit one to qualify for housing related funding programs.

DISCUSSION:

This year’s Annual Progress Report accounts for the second full calendar year of the 6th Cycle Regional Housing Needs Assessment (RHNA) period beginning on January 1, 2023 and ending on December 31, 2023. Below are the highlights from the Report for this period:
7 Packet Pg. 108
Action Item (ID # 6229) Meeting of March 19, 2024
HOUSING UNITS ISSUED BUILDING PERMITS DURING CALENDAR YEAR 2023 New Units in 2023
Single Family Homes 0
Accessory Dwelling Units (ADU) 44
Multi-Family Units 126
Mobile Home 0
Total Units 170
REGIONAL HOUSING NEEDS ASSESSMENT GOALS 2021-2029
Income Level RHNA Allocation
2021-2029
2021* 2022 2023 RHNA Goal
Remaining
Very Low ≤ 50%
AMI
1001 32 4 96 869
Low 51% to 80%
AMI
490 33 31 48 378
Moderate 81% to
120% AMI
462 9 3 26 424
Above Moderate >
120% AMI
1489 5 0 0 1484
Total Units 3,442 79 38 170 3,155
*2021 RHNA Period is from 6/30/2021 to 12/31/2021
Exhibit A provides a summary of the city’s progress towards RHNA. Please note that HCD requires the tracking of all applications throughout all stages, credit for RHNA goals in 2023 are only given for building permits issued between January 1, 2023 to December 31, 2023. Exhibit B provides the progress in implementing the programs identified in the 2021-2029 Housing Element.

CONCLUSION:

Staff recommends that the City Council accept the City’s Annual Housing Element Progress Report on the Implementation of the Housing Element and direct that the report be submitted to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

ATTACHMENTS:
• Exhibit A - RHNA Table (PDF)
• Exhibit B - Housing Element Programs (PDF)
7 Packet Pg. 109
Jurisdiction El Centro ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - 24 - - - - - - - - Non-Deed Restricted 3 5 4 96 - - - - - - Deed Restricted - 24 - - - - - - - -
Non-Deed Restricted 6 3 31 48 - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 4 5 3 26 - - - - - -
Above Moderate 1,489 4 1 - - - - - - - - 5 1,484
3,442
17 62 38 170 - - - - - - 287 3,155
5 67
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 501 - - 96 - - - - - - 96 405
378
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 424
132
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 38 Moderate
1,001
490 462
Please contact HCD if your data is different than the material supplied here 112
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
869

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Packet Pg. 110
Attachment: Exhibit A - RHNA Table (6229 : Acceptance of 2023 Housing Element Annual Report) Jurisdiction El Centro
Reporting Year 2023 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1 Adequate Sites for RHNA
Update the Zoning Ordinance to address the replacement requirements, implement the MU-1 and MU-2 Overlay designations of the Land Use Element, maintain & monitor the residential sites inventory to ensure adequate sites remain to accommodate the RHNA throughout the RHNA period, and provide sites inventory information online and update at least annually. 2024
Rezoning of properties identified for Mixed Use in the General Plan was completed in December 2022. Staff is preparing an interactive GIS map showing the RHNA sites inventory that were included in the Housing Element for public use.

2. Monitor Residential Capacity (SB166 No Net Loss)
Develop and implement a formal evaluation procedure pursuant to Government Code Section 65863 2022 In progress as part of Phase II of the Zoning Ordinance Update.

3. By-Right Approval of Projects with 20 Percent Affordable (AB1397) Develop and implement a formal evaluation procedure pursuant to Government Code Section 65863 2022 In progress as part of Phase II of the Zoning Ordinance Update.

4. Accessory Dwelling Units
Amend the Zoning Ordinance to clarify the definition of ADUs, establish parking standards consistent with State law, and ensure regulations for singlefamily dwellings conform to State law allowing ADUs and Jr. ADUs. By 2023 develop incentives to facilitate ADU production, and facilitate the construction of 40 ADUs over eight years. 2023
The Zoning Ordinance was amended in 2022 and clarified the local requirements for ADUs consistent with State law. In 2023, staff also streamlined the approval of ADUs by consolidating Planning and Building reviews in to one process. Staff is preparing permit ready ADU Plans. In 2023, there were 44 ADU or JADUs constructed.

5. Facilitate Affordable and Special Needs Housing Production Encourage and facilitate affordable and special needs housing by collaborating with Affordable and Special Needs Housing Developers.

Ongoing
In 2022, the City approved the transfer of property to Chelsea Investment Corporation for the construction of 96 units of which a portion will be constructed for residents with special needs.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

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Attachment: Exhibit B - Housing Element Programs (6229 : Acceptance of 2023 Housing Element Annual Jurisdiction El Centro
Reporting Year 2023 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

6. First-Time Homebuyer Program
Maintain contact information for
affordable housing developers and special needs service providers for the purposes of soliciting their involvement in development projects in El Centro. Provide links to CalHFA programs on City website by the end of 2022 and annually pursue available funding programs to deliver homebuyer assistance
Ongoing In 2023, no applicants qualified for the first time homebuyer program.

7. Zoning Code Amendments
Update the zoning code for changes to Density Bonus, Emergency and Transitional Housing, Low Barrier Navigation Center, Supportive Housing, Farmworker Housing, Employee Housing, Open Space Requirements, SB 35 Streamlined Approval, and Residential Care Facilities.

Ongoing
Phase I of the Zoning Code Update was completed in December 2022 and included the majority of the proposed changes identified in the Housing Element. Phase II is currently underway and will address open space requirements for multifamily residential projects.

8. Water and Sewer Service Priority for Affordable Housing Develop and establish a formal procedure to grant water and sewer priority to developments with units affordable to lower-income households within one year of adoption of the 2021-2029 Housing Element. 2024 Not Started

9. Coordination with Social Services Agencies
Continue to evaluate on an annual
basis allocation of CDBG funds to social service agencies to benefit El Centro residents, and attempt to assist 250 special needs and lower income residents annually.

Ongoing In the fiscal year ending 2023, CDBG funds served 754 residents.

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Packet Pg. 112
Attachment: Exhibit B - Housing Element Programs (6229 : Acceptance of 2023 Housing Element Annual Jurisdiction El Centro
Reporting Year 2023 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

10. Rental Assistance
Continue to contract with the IVHA to administer the Housing Choice Vouchers Program and assist an average of approximately 900 extremely low and very low income households annually during the planning period, promote the Housing Choice Vouchers program on City website and partner with its fair housing service provider to educate the community on the new source of income protection.

Ongoing The Imperial Valley Housing Authority issued over 930 housing vouchers to assist extremely low and very low income households in El Centro.

11. Conservation of Existing and Future Affordable Units Monitor Units at Risk, Work with Potential Purchasers, Tenant Education, and Assist Tenants of Existing Rent Restricted Units to Obtain Section 8 Voucher Assistance.

Annually The City has not lost any affordable housing due to conversion to market rate in 2023.

12. Housing Rehabilitation Loan Program
Assist two low income homeowners annually with rehabilitation loans, one low income homeowner annually with lead-based paint reduction, one low income homeowner annually with asbestos testing and removal, and annually pursue other funding sources (e.g., CalHome) to expand housing rehabilitation assistance.

Annually In 2023, one applicant was awarded funding for the housing rehabilitation loan program.

7.b
Packet Pg. 113
Attachment: Exhibit B - Housing Element Programs (6229 : Acceptance of 2023 Housing Element Annual Jurisdiction El Centro
Reporting Year 2023 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

13. Code Enforcement
Continue to implement the applicable sections of the El Centro Municipal Code. Inform eligible owners about the City’s Home Improvement Loan Program, Conduct code enforcement on 150 units annually, Adopt the most recent version of the California Building Code by 2022 and update every three years according to the State Building Code update schedule.

Ongoing
In 2023, 275 Code Enforcement cases were closed on housing related complaints. The Code Enforcement Officer distributes information pamphlets to potentially eligible homeowners about the City's Housing Rehabilitation Loan Program.The 2022 Californai Building Code was adopted by the City on July 18, 2023.

14. Fair Housing Services
Complete meaningful actions noted in Table 50 of page 106 to affirmatively further fair housing issues. Contributing factors identified includes: Insufficient Fair Housing Testing and Limited Outreach Capacity, Patterns of concentration as well as disparate access to opportunities/ resources for communities in the center of the City, and communities with disproportionate housing needs, like cost burdens, overcrowding, and substandard housing conditions, are concentrated in the census tracts in the center of the City.

Ongoing
The City is in the process of completing a housing conditions survey that will provide data on areas with concentrated levels of poorly maintained housing. Also the city will be updating their Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan in 2024.

General Comments

7.b
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Attachment: Exhibit B - Housing Element Programs (6229 : Acceptance of 2023 Housing Element Annual City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Authorization
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6271) DOC ID: 6271
2023 Solid Waste Contract Compliance Audit
CITY MANAGER’S RECOMMENDATION:

1. Approve FY'24 budget amendment as presented

2. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY AND HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING SERVICES.

FISCAL IMPACT:

If approved, the cost to perform the audit is $56,375 from General Fund. CR&R will reimburse to the City for the cost of the audit per section 8.2.8 of the agreement.

Fiscal Year 2024 Budget Request:

Net zero cost to General Fund. Initial $56,375 from General Fund prior to reimbursement from CR&R.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 2, Environmental Sustainability & Infrastructure. Action 2.9, Ensure compliance with State and solid waste and recycling requirements.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Staff verified consultant has an active status with the California Secretary of State.

Business License will be requested prior to issuing the Notice to Proceed.

BACKGROUND:

The City entered into an Amended and Restated Agreement for Integrated Solid Waste Management Services with CR&R on April 5, 2022.

HF&H assisted the City in the negotiation of the Amended and Restated Agreement with CR&R and with the review of the annual rate increase requests from CR&R. The new agreement included language to allow the City to audit CR&R to ensure compliance with Contract terms.

DISCUSSION:

In accordance with Section 8.2.8 of the Agreement, the City may conduct an audit of CR&R at any time. Per the agreement, CR&R will reimburse to the City up to fifty-five thousand ($55,000) for the 2022 audit, and shall be increased annually by two and one half percent (2.5%).

The audit period will be calendar year 2023.
8 Packet Pg. 115
Action Item (ID # 6271) Meeting of March 19, 2024
The scope of the audit may include the following:

1. Customer service levels and billing

2. Verification of diversion rate

3. Tonnage

4. Receipts

5. Fee payments

6. Compliance with terms of the Agreement

7. Complaint log

8. Compliance with Mandatory Commercial Recycling, Mandatory Commercial Organics Recycling, and SB 1383
This audit is mainly focused on items 1 through 6 listed above.

CONCLUSION:

1. Approve FY'24 budget amendment as presented

2. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY AND HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING SERVICES.

ATTACHMENTS:
• Resolution 00074023 (PDF)
• Partially Executed Agreement 031124_Redacted (PDF)
8 Packet Pg. 116
02/2024/cdz/A24-0030/Reso/HF&HConsultantsLLC 1
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AN AGREEMENT FOR PROFESSIONAL

SERVICES BETWEEN THE CITY AND HF&H CONSULTANTS,

LLC FOR SOLID WASTE CONSULTING SERVICES
WHEREAS, the City of El Centro (the “City”) entered into an Agreement for professional services with Hilton, Farnkopf & Hobson, LLC for waste management consulting services originally approved under Resolution No. 06-82; and
WHEREAS, Hilton, Farnkopf & Hobson, LLC is now HF&H Consultants, LLC (the “Consultant”); and
WHEREAS, Hilton, Farnkopf & Hobson, LLC assisted the City in a competitive procurement of solid waste services in 2007 and 2022, which resulted in the current agreement with CR&R Incorporated; and
WHEREAS, the City consistently has contracted with the Consultant over the years to perform rate increase analyses and reviews of the CR&R’s rate increase requests; and WHEREAS, the Consultant also has assisted the City with amendments to the CR&R-City contract; and
WHEREAS, the City and the Consultant entered into an Agreement for professional services for solid waste management consulting services approved under Resolution No. 20-36 to assist with the current Amended and Restated Agreement between the City and CR&R and that Agreement includes a provisions for a solid waste contract compliance audit of CR&R; and WHEREAS, the contract is exempt from competitive bidding pursuant to City Code Section 2-177(a)(1) Items which may only be contracted from a sole source and pursuant to City Code Section 2-177(a)(2) Contracts for professional services; and WHEREAS, it is necessary for the City Council of the City of El Centro, California (“the City Council”) to approve an Agreement with the Consultant for solid waste contract compliance audit services; and
WHEREAS, the City Council finds that its approval of said Agreement is in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council hereby approve the Agreement.

3. That the City’s City Manager is hereby authorized to sign the Agreement

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Packet Pg. 117 Attachment: Resolution 00074023 (6271 : 2023 Solid Waste Contract Compliance Audit) 02/2024/cdz/A24-0030/Reso/HF&HConsultantsLLC 2
on behalf of the City, a copy which is on file in the Office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2024.

CITY OF EL CENTRO
By __________________________
Sylvia Marroquin, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 24- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

8.a
Packet Pg. 118 Attachment: Resolution 00074023 (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 119 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 120 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 121 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 122 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 123 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 124 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 125 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 126 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 127 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 128 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 129 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 130 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 131 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 132 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 133 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 134 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 135 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 136 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 137 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 138 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 139 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 140 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 141 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 142 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 143 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit)

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Packet Pg. 144 Attachment: Partially Executed Agreement 031124_Redacted (6271 : 2023 Solid Waste Contract Compliance Audit) City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Agreement
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 6293) DOC ID: 6293
Approval of consulting agreement with Landmark
Consulting, Inc. for geotechnical services
CITY MANAGER’S RECOMMENDATION:

1. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

LANDMARK CONSULTANTS, INC FOR PROFESSIONAL SERVICES RELATING TO

THE POLICE STATION PROJECT

2. Authorize the use of Police bond funds as presented.

FISCAL IMPACT:

1. No impact to the general fund.

2. Police bond funds in the amount of $127,150.00 are requested for this contract.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal No. 2 - Environmental Sustainability & Infrastructure - Action 2.8 Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts and Goal No. 3 - Community Health, Safety & Welfare.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA. Consultant has performed various satisfactory city consulting services BACKGROUND:

The new City police station project construction has begun. City engineering has identified the need for additional geotechnical testing services as part of the Police department construction.

DISCUSSION:

Landmark Consulting has provided a consulting services quote to perform the work and staff recommends approval of the proposal and agreement. The contract cost is accounted in the bond construction budget.

CONCLUSION:

1. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

LANDMARK CONSULTANTS, INC FOR PROFESSIONAL SERVICES RELATING TO

THE POLICE STATION PROJECT

2. Authorize the use of Police bond funds as presented. 9 Packet Pg. 145
Resolution (ID # 6293) Meeting of March 19, 2024
ATTACHMENTS:
• Resolution 00074206 (PDF)
• FINAL 00074235 (PDF)
9 Packet Pg. 146
03/2024/cdz/A24-0039/Reso/AgreementwithLandMarkConsultantsInc.

PDProject
RESOLUTION NO. 24 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH LANDMARK CONSULTANTS, INC

FOR PROFESSIONAL SERVICES RELATING TO THE

POLICE STATION PROJECT
WHEREAS, the City of El Centro (the “City”) has contracted with the Landmark Consultants, Inc (the “Consultant”) for professional services relating to the Police Station Project (“Project”); and
WHEREAS, the contract is exempt from competitive bidding pursuant to City Code Section 2-177(a)(1) Items which may be contracted from a sole source and pursuant to City Code Section 2-177(a)(2) Contracts for professional services; and WHEREAS, it is necessary for the City Council of the City of El Centro, California (the “City Council”) to approve and Agreement with the Consultant for professional services; and WHEREAS, the City Council finds that its approval of said Agreement is in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council, does hereby approve the Professional Services Agreement between the City and Landmark Consultants, Inc.

3. That the City Manager is hereby authorized to sign said Agreement on behalf of the City, a copy which is on file in the Office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2024.

CITY OF EL CENTRO
By _____________________
Sylvia Marroquin, Mayor

9.a
Packet Pg. 147 Attachment: Resolution 00074206 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Reso/AgreementwithLandMarkConsultantsInc.

PDProject
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 24- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

9.a
Packet Pg. 148 Attachment: Resolution 00074206 (6293 : Police Station Project - Geotechnical Testing Services)

AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
LANDMARK CONSULTANTS, INC.

FOR PROFESSIONAL SERVICES RELATING TO THE

POLICE STATION PROJECT

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Packet Pg. 149 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 2 of 19

AGREEMENT BETWEEN THE CITY OF EL CENTRO AND LANDMARK
CONSULTANTS, INC., FOR PROFESSIONAL SERVICES RELATING TO THE

POLICE STATION PROJECT
THIS AGREEMENT (“Agreement”) is made and entered into by the City of El Centro, (the “City”) and Landmark Consultants, Inc., (“Contractor”) for the Contractor to provide geotechnical testing and observation services at the El Centro Police Station located at 150 N. 11th Street (the “Services”) relating to the Police Station Project (the “Project”).

RECITALS
WHEREAS, the City wants to retain the services of a professional firm to provide the Services. The Contractor has the expertise, experience and personnel necessary to provide the Consulting Services for the Project; and
WHEREAS, the City and the Contractor (individually, the “Party” or a “Party;” collectively, the “Parties”) want to enter into an agreement whereby the City will retain the Contractor to provide, and the Contractor shall provide, the Consulting Services for the Project; and
WHEREAS, the provisions of City Code Section 2-177(a)(2), provide an exception from competitive bidding for professional services, specifically when such services are best obtained from a single source or based upon the training and experience of the personnel; and WHEREAS, City staff requested a proposal from Contractor and Contractor submitted a responsible proposal for such services indicating that is has the requisite personnel and experience, and is capable of providing the deliverables for as the City as set out in proposal dated February 21, 2024 attached and incorporated as Exhibits A and B; and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:

ARTICLE I

CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.

1.1 Scope of Services.

The scope of services will include conducting a field testing and laboratory testing and other related services. The Project is more fully described in the proposal submitted on February 21, 2024, attached to and made part of this Agreement as Exhibits “A and B.”

1.2 Task Administrator.

9.b
Packet Pg. 150 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 3 of 19 The Public Works Department is the task administrator for this Agreement. The Contractor shall provide the Consulting Services under the direction of the Public Works Director or designee (the “Director”). The Director will communicate with the Contractor on all matters related to the administration of this Agreement and the Contractor’s performance of the Consulting Services rendered hereunder. When this Agreement refers to communications to or with the City, those communications will be with the Director unless the Director or the Agreement specifies otherwise.

1.3 City Modification of Scope of Services.

The City may, without invalidating this Agreement, order changes in any task by altering, adding to or deducting from the Consulting Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the Consulting Services, the Contractor shall so notify the City. If appropriate, an equitable adjustment to the Contractor’s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing; the City’s approval shall come from the City Council.

1.4 Written Authorization.

Prior to performing any Consulting Services in connection with the Project, the Contractor shall obtain from the City a written authorization to proceed. The Contractor shall advise the City in writing immediately of any anticipated change in any task, fee schedule or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve the Contractor from its duty to render all Consulting Services in accordance with applicable laws and accepted industry standards.

1.5 Confidentiality of Services.

All Consulting Services performed by the Contractor, including but not limited to all drafts, data, correspondence, proposals, reports and estimates compiled or composed by the Contractor, pursuant to this Agreement, are for the sole use of the City, its agents and employees.

Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Contractor, at the time that it was disclosed to the Contractor by the City, (b) subsequently becomes publicly known through no act or omission by the Contractor or (c) otherwise becomes known to the Contractor other than through disclosure by the City as needed to establish a defense. Except for Subcontractors (as that term is defined in section 4.4), neither the documents nor their contents shall be released to any third party without the prior written consent of the City.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

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Packet Pg. 151 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 4 of 19 This Agreement shall be effective upon approval by the City Council and will remain in effect until the Consulting Services are completed but in no event later than two (2) years from the date of approval, whichever is earlier.

2.2 Time of Essence.

The Parties agree that time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.

2.3 Notification of Delay.

The Contractor shall immediately notify the City in writing of any delay in completion of the Consulting Services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the Project, the City may exercise its rights under sections 2.5-2.9 of this Agreement.

2.4 Delay.

If delays in the performance of the Consulting Services are caused by unforeseen events beyond the control of the Parties, such delay may entitle the Contractor to a reasonable extension of time, but such delay shall not entitle the Contractor to damages or additional compensation.

The following conditions may constitute such a delay: war, changes in law or government regulation, labor disputes, strikes, fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Contractor’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Contractor; provided, however, that (a) this provision shall not apply and the Contractor shall not be entitled to an extension of time for a delay caused by the negligent acts or omissions of the Contractor; and (b) that a delay caused by the inability to obtain materials shall not entitle the Contractor to an extension of time unless the Contractor furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction, of the inability to obtain materials.

2.5 City’s Right to Suspend for Convenience.

The City may, at its sole option and for its convenience, suspend all or any portion of the Contractor’s performance of the Consulting Services, for a reasonable period of time not to exceed six (6) months. In accordance with the provisions of this Agreement, the City will give written notice to the Contractor of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Contractor a sum equivalent to the reasonable value of the Consulting Services the Contractor has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Contractor. The City may then require the Contractor to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Contractor shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.

2.6 City’s Right to Terminate for Convenience.

9.b
Packet Pg. 152 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 5 of 19 The City may, at its sole option and for its convenience, terminate all or any portion of the Consulting Services agreed to pursuant to this Agreement by giving written notice of such termination to the Contractor. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the Consulting Services shall be effective upon receipt of the notice by the Contractor. After termination of this Agreement, the Contractor shall complete any and all additional work necessary for the orderly filing of documents and closing of the Contractor’s Consulting Services under this Agreement. For services rendered in completing the work, the Contractor shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Contractor up to the effective date of termination. After filing of documents and completion of performance, the Contractor shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Contractor’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Contractor discharges the City of all of the City’s payment obligations under this Agreement.

2.7 City’s Right to Terminate for Default.

If the Contractor fails to adequately perform any obligation required by this Agreement, the Contractor’s failure constitutes a default (“Default”). If the Contractor fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the City specifying the nature of the Default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Contractor, and any person claiming any rights by or through the Contractor under this Agreement. The rights and remedies of the City enumerated in this section 2.7 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.7 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Contractor.

2.8 Replacement of Contractor.

If the Contractor for any reason does not complete all the services contemplated by this agreement, the Contractor cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Contractor is used, modified or completed by another party of the City. Accordingly, the City agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Contractor harmless from any claim, liability or cost (including reasonable attorney’s fees and defense casts) for injury or loss arising or allegedly arising from such reuse, modification of completion made by any party to any contract documents prepare by the Contractor.

2.9 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.

If the Contractor files a voluntary petition in bankruptcy, is adjudicated bankrupt or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Contractor, immediately cancel and/or terminate this Agreement and terminate each and every right of the Contractor and any person claiming any rights by or through the Contractor. The rights and remedies of the City enumerated in this

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Packet Pg. 153 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 6 of 19 section 2.9 are cumulative and shall not limit, waive or deny any of the City’s rights under any other provision of this Agreement, nor does this section 2.9 otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Contractor.

ARTICLE III

COMPENSATION

3.1 General.

The City shall pay the Contractor for all the Consulting Services and all expenses related to performance under this Agreement in an amount not to exceed that set forth in the fee schedule attached hereto and incorporated herein as Exhibits “A and B.” The Contractor shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any task, or as additional services, based on the fee schedule.

3.2 Payment to the Contractor shall not be withheld, postponed of made contingent on the construction, completion or success of the project or upon receipt by the City of offsetting reimbursement or credit from other parties caused additional services or expenses. No withholding, deductions of offsets shall be made from Contractor compensation for any reason unless the Contractor has been found to be legally liable for such amounts.

3.3 Manner of Payment.

The Contractor shall complete all work required by this Agreement for a not-to-exceed amount of one hundred twenty-seven thousand one hundred fifty dollars and zero cents ($127,150.00).

3.3.1 Manner of Payment. The Contractor shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis.

3.4 Additional Services.

If the City requires additional Consulting Services (“Additional Services”) beyond the task, except for Additional Costs (as that term is defined in section 3.6), the Contractor will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the fee schedule. The City and the Contractor must agree in writing upon such fee prior to the Contractor beginning the Additional Services.

3.5 Changed Conditions
Should City or Contractor’s determine there is a need to reconsider provisions of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Contractor or City. Should either party call for contract renegotiation, the Contractor shall identify the changed condition necessitating renegotiation and the Contractor and the City, shall promptly and in good faith enter into renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.

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3.6 Additional Costs.

Additional costs (“Additional Costs”) are those costs that can be reasonably determined to be related to the Contractor’s negligent errors or omissions, and may include Contractor, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Contractor shall not be paid for the Consulting Services required due to the Contractor’s negligent errors or omissions, and the Contractor shall be responsible for any direct damages associated with such negligent errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Contractor. If, due to Contractor’s error, any required item or component of the project is omitted from the Contractor’s construction documents, the Contractor shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have otherwise been necessary to the project or otherwise adds value or betterment to the project. In no event will the Contractor be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONTRACTOR’S OBLIGATIONS

4.1 Industry Standards.

In addition to the Contractor’s covenants described in Article VI hereof, the Contractor agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional analysis firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. Where approval by the City, the City Manager or other representatives of the City is required, it is understood to be general approval only and does not relieve the Contractor of responsibility for complying with applicable laws, codes and good consulting practices in effect at contract execution or changes reasonably known.

4.2 Right to Audit.

4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Contractor’s and all Subcontractor’s (as that term is defined in section 4.4) premises to review and audit the Contractor’s compliance with the provisions of this Agreement (“the City’s Right”). The City’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Contractor’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.

4.2.2 Audit. The City’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Contractor is in compliance with all requirements under this Agreement.

4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to examine books, records, documents

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Packet Pg. 155 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 8 of 19 and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred or anticipated to be incurred.

4.2.2.1.1 Accounting Records. The Contractor shall maintain complete and accurate records in accordance with generally-accepted accounting practices in the industry. The Contractor shall make available to the City for review and audit all Project related accounting records and documents and any other financial data. Upon the City’s request, the Contractor shall submit exact duplicates of originals of all requested records to the City.

4.2.3 City’s Right--Binding on Subcontractors. The Contractor shall include the City’s Right as described in section 4.2, in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors (as that term is defined in section 4.4).

4.3 Insurance.

The Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

4.4 Subcontractors.

The Contractor’s hiring of or retaining any third parties (singularly, “a Subcontractor” or “the Subcontractor;” in the plural, “Subcontractors” or “the Subcontractors”) to perform services related to the Project (“the Subcontractor Services”) is subject to prior approval by the City. The Contractor shall list on the subcontractors list all Subcontractors known to the Contractor at the time this Agreement is entered. If at any time after this Agreement is entered into the Contractor identifies a need for additional Subcontractor Services, the Contractor shall give written notice to the City of the need, at least forty-five (45) days before entering into a contract for such Subcontractor Services. The Contractor’s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Contractor may request that the City reduce the forty-five (45) day notice period. The City agrees to consider such requests in good faith.

4.4.1 Subcontractor Contract. All contracts entered into between the Contractor and a Subcontractor shall contain the information as described in sections 4.6, 4.7 and, 4.10.2 as well as any other information, terms and conditions required elsewhere in this Agreement to be included in said agreements) and shall also provide as follows:

4.4.1.1 For each Subcontractor, each Subcontractor shall disclose or obtain insurance policies which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. Each Subcontractor shall obtain, and the Contractor shall require the Subcontractor to obtain, all policies described in Exhibit C.

4.4.1.2 The Contractor is obligated to pay the Subcontractor, for Contractor- and City-approved invoice amounts, out of amounts paid by the City to the Contractor, not later than fourteen (14) working days from the Contractor’s receipt of payment from the City. Nothing in this paragraph shall be construed to impair the right of the Contractor and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among

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Packet Pg. 156 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 9 of 19 themselves.

4.4.1.3 In the case of a deficiency in the performance of Subcontractor Services, the Contractor shall notify the City in writing of any withholding of payment to the Subcontractor, specifying: (a) the amount withheld, (b) the specific cause under the terms of the subcontract for withholding payment, (c) the connection between the cause for withholding payment and the amount withheld and (d) the remedial action the Subcontractor must take in order to receive the amount withheld. Once the Subcontractor corrects the deficiency, the Contractor shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Contractor’s receipt of the City’s next payment.

4.4.1.4 In any dispute between the Contractor and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

The Contractor agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Contractor and a Subcontractor should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.

4.4.1.5 The Subcontractor is bound to the same requirements as the primary Contractor for assurances to the City regarding non-discrimination covenants set forth in section 4.6.

4.5 Contract Activity Report.

The Contractor shall submit statistical information to the City as requested in the City’s contract activity report (“the Contract Activity Report”). The statistical information shall include the amount of subcontracting provided by firms during the period covered by the Contract Activity Report. With the Contract Activity Report, the Contractor shall provide an invoice from each Subcontractor listed in the report. The Contractor agrees to issue payment to each firm listed in the Report within fourteen (14) working days of receiving payment from the City for Subcontractor Services.

4.6 Non-Discrimination Requirements.

The Contractor shall not discriminate on the basis of race, gender, gender identity, gender expression, religious creed, national origin, color, sexual orientation, age, disability (mental and physical) including HIV and AIDS, ancestry, medical condition (cancer and genetic characteristics), genetic information, marital status, gender identity, military or veteran status or sex (which includes pregnancy, childbirth and medical conditions related thereto) or any other protected status or association with such protected status in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. The Contractor shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. The Contractor understands and agrees that violation of this clause shall be considered a material breach of this Agreement and may result in contract termination, debarment or other sanctions. This language shall be in contracts between the Contractor and any Subcontractors, vendors and suppliers.

4.7 Drug-Free Workplace.

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Packet Pg. 157 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 10 of 19 The Contractor agrees to ensure a drug-free workplace. The Contractor shall certify to the City that it will provide a drug-free workplace by submitting a Contractor certification for a drug-free workplace form.

4.7.1 Contractor’s Notice to Employees. The Contractor shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.

4.7.2 Drug-Free Awareness Program. The Contractor shall establish a drug-free awareness program to inform employees about all of the following:

4.7.2.1 The dangers of drug abuse in the work place.

4.7.2.2 The policy of maintaining a drug-free work place.

4.7.2.3 Available drug counseling, rehabilitation and employee assistance programs.

4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.

4.7.3 Posting the Statement. In addition to section 4.7.1 above, the Contractor shall post the drug-free policy in a prominent place.

4.7.4 Subcontractor’s Agreements. The Contractor further certifies that each contract for Subcontractor Services for this Project shall contain language that binds the Subcontractor to comply with the provisions of section 4.7 of this Agreement. The Contractor and any Subcontractors shall be individually responsible for their own drug-free work place program.

4.8 Americans with Disabilities Act Statement.

The Contractor shall certify that any construction documents and specifications meet current Title 24 of the California Code of Regulations, known as the California Building Standards Code (“Title 24”) requirements and the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”) and are in general compliance with the Americans with Disabilities Act of 1990. When a conflict exists between Title 24 and ADAAG, the most restrictive requirement shall be followed.

The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The City acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations.

The Contractor will use his or her reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes ordinances and regulations as they apply to the project. The Contractor, however, cannot and does not warrant or guarantee

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Packet Pg. 158 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 11 of 19 that the City’s project will comply with interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project.

4.9 Product Endorsement.

The Contractor acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.

4.10 Conflict of Interest.

The Contractor is subject to all Federal, State and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to California Government Code sections 1090 et seq. and 81000 et seq. The Contractor shall complete one (1) or more statements of economic interest disclosing relevant financial interests as described on Exhibit D (“Contractor’s Statement of Financial Interest”) hereto which may be amended from time to time by City. Upon the City’s request, the Contractor shall submit the necessary supplementary documentation to the City.

4.10.1 The Contractor shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.

4.10.2 The Contractor and its Subcontractors having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from participating in design services, on behalf of the contractor, construction management and any other construction services related in any way to the Consulting Services without the prior written consent of the City.

4.10.3 The Contractor’s personnel employed on any task shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. In connection with any task, the Contractor shall not recommend or specify any product, supplier or contractor with whom the Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations or policies.

4.10.4 If the Contractor violates any conflict of interest laws or any of these provisions in section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Contractor to liability to the City for attorneys’ fees and all damages sustained as a result of the violation.

4.11 Levine Act Political Contributions: In addition, Contractor shall review and execute Exhibit “E”, attached and incorporated, prior to the award of this Agreement.

4.11 Mandatory Assistance.

If a third-party dispute or litigation, or both, arises out of, or relates in any way to, the Consulting Services provided under this Agreement, upon the City’s request, the Contractor and

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Packet Pg. 159 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 12 of 19 its agents, officers and employees agree to assist in resolving the dispute or litigation (“Mandatory Assistance”). The Mandatory Assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.

4.12 Compensation for Mandatory Assistance.

The City will compensate the Contractor for fees incurred for providing Mandatory Assistance as Additional Services under section 3.4. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third-party dispute or litigation, or both, to be attributable in whole, or in part, to the negligent acts or omissions of the Contractor, its agents, officers or employees, the Contractor shall repay the City. The City is then entitled to repayment of all fees paid to the Contractor, its agents, officers and employees for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

In providing the City with dispute or litigation assistance, the Contractor or its agents, officers and employees may incur expenses and/or costs. The Contractor agrees that any reasonable attorneys’ fees it may incur as a result of assistance provided under section 4.11 are reimbursable.

4.14 Retention of Records.

Contractor is required to keep all related accounting records and documents for a period of not less than five (5) years after the final reports are submitted by the City to the State Department of Housing and Community Development, as per Federal and State requirements.

Upon the City’s request, the Contractor shall submit exact duplicates of originals of all requested records to the City.

4.15 Prevailing Wages and Registration Requirements
When any of the services described herein are considered “public works” as defined by California Labor Code Section 1720 et seq., prevailing wage rates will apply if the work to be performed by the Contractor and/or subcontractor(s) will involve on-site work such as land surveying (flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials, and so forth. In that case, the Contractor shall be responsible for compliance with all applicable prevailing wage laws, as well as any and all applicable state or federal wage laws, for services under the Contractor’s contract.

California State Prevailing Wage information is available through the California Department of Industrial Relations (DIR) websites below.
· Prevailing Wage FAQ website: www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html · Prevailing Wage Determination
website: http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

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Packet Pg. 160 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 13 of 19 Wage rates for this project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Imperial County.

The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 – Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 – Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 – Penalty for Failure to Pay Overtime.

5. Section 1810 and 1811 – Working Hour Restrictions.

6. Section 1775 – Payroll Records.

7. Section 1773.8 – Travel and Subsistence Pay.

8. Section 1776 – Payroll Records.

Registration: Pursuant to Section 1771.1(a) of the Labor Code: No Contractor or Subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. Contractor and any subcontractors must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. Contractor and any Subcontractors must ensure registration with the DIR is active and in good standing.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

Once the Contractor has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files and specifications prepared in connection with or related to any task or Consulting Services shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City’s ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed. This section 5.1 shall apply whether the Contractor’s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Contractor shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications.

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Packet Pg. 161 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 14 of 19 The Co shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

Any reuse or modification of the project documents by the City shall be at the City’s sole risk and the City agrees to indemnify, defend and hold Contractor harmless from claims, damages, and expenses, including attorney’s fees, arising out of such reuse or modification by the City or by others acting through the City.

5.2 Additional Contractors or Contractors.

The City reserves the right to employ, at its own expense, such additional Contractors or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.

5.3 Employment of City Staff.

This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Contractor employs an individual who, within the last twelve (12) months immediately preceding such employment did, in the individual’s capacity as an officer or employee of the City, participate in, negotiate with or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Contractor.

ARTICLE VI

INDEMNIFICATION

6.1 Indemnification and Defense
A. Indemnity
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any City or individual that Contractor shall bear the legal liability thereof) in the performance of services under this Agreement.

Contractor’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.

B. Duty to defend
In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Contractor shall defend the City at Contractor’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and

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Packet Pg. 162 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 15 of 19 costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Contractor’s negligent acts, errors or omissions.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Contractor and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

6.3 General Indemnification Provisions.

The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement.

In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.

MISCELLANEOUS

7.1 Notices.

In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the City shall be addressed to: Abraham Campos, Director of Public Works, 1249 West Main Street, El Centro, CA, 92243, and notice to the Contractor shall be addressed to Peter E. LaBrucherie, PE, Vice President/Principal Engineer, 780 North 4th Street, El Centro, CA 92243.

7.2 Headings.

All article headings are for convenience only and shall not affect the interpretation of this Agreement.

7.3 Non-Assignment.

The Contractor shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City’s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.

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7.4 Independent Contractors.

The Contractor and any Subcontractors employed by the Contractor shall be independent contractors and not employees or agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Contractor concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Contractor shall follow the direction of the City concerning the end results of the performance.

Without receiving the Contractor’s written permission, the City agrees not to hire, retain or contract with any employee of the Contractor who performs services for the City under this Agreement for one (1) year from the date this Agreement is terminated.

7.5 Contractor and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Contractor is based on the particular professional expertise of the individuals rendering the services set forth in each task. Accordingly, portions of the described service may not be delegated to other members of the team or Subcontractors without prior written consent by the City. It is mutually agreed that Landmark Consultants, Inc., is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event Landmark Consultants, Inc., becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Contractor, to require removal of the Contractor’s employees or agents.

7.6 Covenants and Conditions.

All provisions of this Agreement expressed as conditions on the part of the City or the Contractor shall be deemed to be conditions.

7.7 Compliance with Controlling Law.

The Contractor shall comply with laws, ordinances, regulations and policies of the Federal, State and local governments applicable to this Agreement in effect at execution of the contract or changes as reasonably known. In addition, the Contractor shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

7.8 Jurisdiction, Venue and Attorneys’ Fees.

The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms or any related disputes shall be in the County of Imperial, State of California. If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys’ fees and costs as fixed by the court to be paid by the losing Party.

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7.9 Successors in Interest.

This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party’s successor in interest.

7.10 Integration.

This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents or employees, shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.

7.11 Counterparts.

This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.

7.12 No Waiver.

No failure of either the City or the Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition and term hereof shall continue in full force and effect to any existing or subsequent breach.

7.13 Severability.

The unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

7.14 Municipal Powers.

Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a charter City of the State of California.

7.15 Drafting Ambiguities.

The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

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7.16 Signing Authority.

The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

7.17 Conflicts between Terms.

If an apparent conflict or inconsistency exists between the main body of this Agreement and the exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable Federal, State, or local law, rule, regulation, order or code and this Agreement, the law, rule, regulation, order or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

7.18 Non-Appropriation.

This Agreement is based on the availability of public funding on the part of the City. In the event of unavailability or non-appropriation of funds, the City may either agree to make up the shortfall in a manner of its choosing or terminate the Agreement, without penalty, after written notice to the Contractor. Should the City elect to terminate the Agreement, it shall compensate the Contractor for the work it has performed up to the date of termination.

WITNESS WHEREOF, this Agreement is executed by the City Council of the City of El Centro, acting by and through the City Manager, authorizing such execution, and by the Contractor.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Ceseña, City Manager
I HEREBY CERTIFY I can legally bind CONTRACTOR, and that I have read all of this Agreement, this day of , 2024.

Date: _________________ By: _____________________________

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Packet Pg. 166 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2024/cdz/A24-0039/Agreement/LandMarkContractors/PDProject Page 19 of 19 I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 2024.

APPROVED AS TO FORM
Office of the City Attorney
By ________________________________
Elizabeth L. Martyn, City Attorney

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Packet Pg. 167 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) February 21, 2024
Mr. Abraham Campos, PE
City of El Centro Public Works Department
1275 W. Main Street
El Centro, CA 92243
Proposal for Geotechnical Testing & Observation Services El Centro Police Station - 150 N. 11th Street
El Centro, California
LCI Proposal No. L24-015TR1
Dear Mr. Campos:

Landmark Consultants, Inc. is pleased to provide this proposal to provide geotechnical testing and observation services associated with the new El Centro Police Station at 150 N. 11th Street in El Centro, California. We have based our estimates on the provided schedule. If the actual construction schedule increases or decreases from our estimates, our fees will change based on the following unit rates:

Field Testing (portal to portal)
Building B Pad Compaction Testing –7 days ($120/hr.) $6,720 Building A Pad Compaction Testing – 10 days ($120/hr.) $9,600 Utilities/Parking Lots/Streets Compaction Testing – 300 hours ($120/hr.) $36,000 Deep Ground Improvement/Piles– 25 days @ ($150/hr.) $30,000 Footing Inspection (Engineer) – 60 hours @ ($190/hr.) $11,400 Laboratory Testing
Maximum Density – 5 @ $300 ea. $1,500
Aggregate Base Conformance – 1 @ $1,000 ea. $1,000
Asphalt Hveem Density – 4 @ $300 ea. $1,200
Asphalt Oil Content – 4 @ $220 ea. $880
Asphalt Gradations – 20 @ @ $160 ea. $3,200
Asphalt Over Correction Factor – 1 @ $650 ea. $650
Review and Reports $25,000
Estimated Total: $127,150
A 2-hour minimum charge shall apply to all field-testing services and shall accrue in 2-hour increments portal to portal. Overtime hours (after 3 pm weekdays, over 8 hours per day, and any Saturdays) shall be invoiced at 1.5 times the normal rate per hour and double time hours (Sundays and over 12 hours per day) shall be invoiced at 2.0 times the normal rates.

Exhibit A & B

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Packet Pg. 168 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) Typically, we cannot accurately forecast the progress of the job and the number of trips required for the testing laboratory to perform the tests necessary to conform to project specifications. The fee estimate provided herein may vary (increase or decrease) depending on the contractor’s control of the work. The unit rates provided herein shall be used for the work provided by our firm. This is a unit rate proposal.

The opportunity to provide construction materials testing services is appreciated. Please contact our office with any questions or comments at (760) 370-3000.

Sincerely Yours,
Landmark Consultants, Inc.

Peter E. LaBrucherie, PE
Principal Engineer
Exhibit A & B

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Packet Pg. 169 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 1 EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or sub consultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and

9.b
Packet Pg. 170 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 2 umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’s rights of enforcement. In the event 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.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of A.M. Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees 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 sub consultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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Packet Pg. 171 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 3 Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY.

CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
a. The Retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.

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Packet Pg. 172 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 4 b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The Public Agency shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

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Packet Pg. 173 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 09/22 Consultant Agr – Exh D – Disclosure
EXHIBIT “D”
CONSULTANT’S FINANCIAL DISCLOSURE STATEMENT 1
Consultant will comply with all conflict of interest laws and regulations including, without limitations, City’s Conflict of Interest Code (on file in the City Clerk’s Office) as required by Section 4.10 of this Agreement. It is incumbent upon the Consultant to notify the City pursuant to Sections 7.1 and 7.5 of any staff changes relating to this Agreement. The City Manager has made the following determination and Consultant, by his/her signature, acknowledges said determination. 2

A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required of any officers, employees, and/or agents of Consultant. Consultant duties are as follows:
_______________________________ _____________________________________ City Manager Consultant Signature & Title
B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant may make or participate in making a governmental decision, which may have a foreseeable material effect on a financial interest. As a result, the Consultant shall be subject to the Disclosure Category “Consultant” of the City’s Conflict of Interest Code. _____________________________ _____________________________________ City Manager Consultant Signature & Title

1. Fair Political Practices Commission Section 18700.3 defines a consultant as follows:
(a) For purposes of Sections 82019 and 82048, “consultant” means an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
(D) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(E) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
(F) Grant agency approval to a plan, design, report, study, or similar item; (G) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(2) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Section 87302.

2. Disclosure by Consultants: Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the City’s adopted Conflict of Interest Code, subject to the following limitations: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and closely supervised, and, thus, is not required to comply with the disclosure requirements in the City’s adopted Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as the City’s adopted Conflict of Interest Code.

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Packet Pg. 174 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) Exhibit E
Levine Act Statement
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

This statement must be provided for the company and for each consultant who will work with the City.

City of El Centro Council Members as of the date of this RFP are as follows:

Martha Cardenas-Singh
Silvia Marroquin
Edgard Garcia
Tomas Oliva
Sonia Carter

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City of El Centro Council Member in the 12 months preceding the date of the issuance of this RFP? YES NO
If yes, please identify the Council Member:

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any City of El Centro Council Member in the three months following the award of the contract? YES NO
If yes, please identify the Council Member:

Answering yes to either of the two questions above does not preclude City of El Centro from awarding a contract to your firm. It does, however, preclude the identified Council Member from participating in the contract award process for this contract.

DATE (SIGNATURE OF CONSULTANT)
(NAME)
( NAME OF COMPANY)

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Packet Pg. 175 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2018cfo\A18-0066
Public Contract Code Section 9204
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, CITY, special CITY, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii)The Department of Transportation as to any project under the jurisdiction of that department.

The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iii) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

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Packet Pg. 176 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2018cfo\A18-0066
(iv) The Military Department as to any project under the jurisdiction of that department.
(v) The Department of General Services as to all other projects. (vi) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) "Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (B) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of

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Packet Pg. 177 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2018cfo\A18-0066
the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (2) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(3) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(4) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether thecontractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017.

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Packet Pg. 178 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) 03/2018cfo\A18-0066
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

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Packet Pg. 179 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services)

CORPORATE CERTIFICATION
OR

PARTNERSHIP INFORMATION
Name of Corporation or Partnership________________________________________________ State of Incorporation___________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date_____________________________ Contractor__________________________ Signature_________________________ Title________________________________ ATTEST:
__________________________________
Signature by
__________________________________
Title

END OF CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION

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Packet Pg. 180 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services)

DRUG/ALCOHOL TESTING REQUIREMENTS
CONTRACTOR shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

CONTRACTOR certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code sections 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Sections 701 et seq.) In addition, CONTRACTOR agrees to submit a copy of its own drug free workplace policy.

Dated_____________________________

________________________________________
CONTRACTOR’s Name
_________________________________________
CONTRACTOR’s Signature
_________________________________________
Title
- END DRUG/ALCOHOL TESTING REQUIREMENTS –

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Packet Pg. 181 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Agreement.

CONTRACTOR:

By:

Title:
- END OF WORKERS’ COMPENSATION CERTIFICATE –

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Packet Pg. 182 Attachment: FINAL 00074235 (6293 : Police Station Project - Geotechnical Testing Services) City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 6305) DOC ID: 6305
Imperial and Villa Local Emergency Update
FISCAL IMPACT:

No impact to the general fund. Potentially $1.1 million to $1.3 million in Wastewater enterprise funds.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

NA
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

On June 9, 2023, during a routine sewer main inspection, a large void was discovered in a sewer inspection hole wall at the Imperial Avenue and Villa Avenue Intersection. A large void was discovered under the intersection on the other side of said hole. Staff implemented traffic control measures to protect the area from collapsing and producing additional damage.

City Code Section 2-185.14 provides that the City Manager is authorized to task direct emergency repairs and notify the Council of that action.

A Local Emergency Proclamation was approved by the City Council on June 26, 2023.

UPDATE:

No new contracts have been issued under this emergency declaration. Final works are occurring as part of Caltrans encroachment permit closure activities, including the removal of a sewer bypass line, final paving and striping at the Imperial Avenue and Villa Avenue intersection.

The following vendors/contractors have assisted with the work. Below is rough order of magnitude figures expected for the work. Final numbers will be reported with closure of project at the revocation of the emergency declaration. We are presenting costs to the State for potential reimbursement of up to 75 percent.

Pyramid Construction - Road force main crossing - $385,000 Rove Engineering - Manhole repairs - $380,000
Rain for Rent - Sewer Bypassing system - $350,000
10 Packet Pg. 183
City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6299) DOC ID: 6299
Received and referred to Community Development
Department, Application for Alcoholic Beverage LicenseSizzler USA Restaurants Inc. 707 N. Imperial Ave, El Centro, CA 92243-1913
ATTACHMENTS:
• APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE SIZZLER USA RESTAURANTS INC (PDF) 11 Packet Pg. 184

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Packet Pg. 185 Attachment: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE SIZZLER USA RESTAURANTS INC (6299 : Application for Alcoholic

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Packet Pg. 186 Attachment: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE SIZZLER USA RESTAURANTS INC (6299 : Application for Alcoholic City Council of the City of El Centro Meeting: 03/19/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Informational
Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6306) DOC ID: 6306
Southern California Gas Company (SOCALGAS) Notice of
Request to Increase Rates for the Hydrogen Blending
demonstration Projects Application No. A.22-09-006
ATTACHMENTS:
• Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (PDF) 12 Packet Pg. 187

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Packet Pg. 188 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 189 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 190 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 191 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 192 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 193 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 194 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 195 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 196 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 197 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 198 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 199 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 200 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 201 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 202 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 203 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 204 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 205 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 206 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern

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Packet Pg. 207 Attachment: Southern California Gas Company Notice of Request to increase rates for the Hydrogen Blending Demon (6306 : Southern