Agenda packet — El Centro City Council, June 18, 2024

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, JUNE 18, 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 June 18, 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=82859769848 Optional dial-in number: 1 (669) 444-9171
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
Interim Mayor ProTem:Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Edgard Garcia
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.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION
Agenda City Council of the City of El Centro June 18, 2024 City of El Centro Page 2

CITY COUNCIL CLOSED SESSION

EXISTING LITIGATION
Closed Session pursuant to Govt. Code Section 54956.9(d)(1): Aaron Reel v. City of El Centro (case update).

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)(2) - 2 cases.

CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 054-310-037.

Agency negotiators: City Manager and Community Services Director Negotiating party:

Rove Engineering
Under negotiation: price and terms

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 June 18, 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. :6:15-6:30 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Proclamation - Alzheimer's and Brain Awareness Month June 2024.

2. Imperial Valley LGBT Resource Center - Pride Month
6:35-6:40 CONSENT AGENDA (ITEMS 3-9):

3. Approve Warrant Registers for the Month of May 2024

4. Approve Payroll Registers for the Month of May 2024.

5. Approval of Treasure's Report for the month of May 2024.

6. Approval of City Council Minutes of June 4, 2024.

7. Acceptance of Mrs. Sedalia Sanders resignation from the Personnel Appeals Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.

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

THE CITY OF EL CENTRO, CALIFORNIA, REJECTING BIDS FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT FACADE IMPROVEMENT
PROGRAM.

9. Adopt Resolution 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING AN AGREEMENT WITH FIVE
COMPANIES: MICHAEL BAKER INTERNATIONAL (MBI), RICK

ENGINEERING, CHAMBERS GROUP, RECON ENVIRONMENTAL AND

HARRIS & ASSOCIATES FOR AS-NEEDED ENVIRONMENTAL
CONSULTING SERVICES.

Agenda City Council of the City of El Centro June 18, 2024 City of El Centro Page 4
6:40-7:00 NEW BUSINESS:

10. Transportation Development Act Program - Claims
PRESENTATION: Karla Chaparro, Director of Finance
RECOMMENDATION:

Authorize the filing of the fiscal year 2023-2024 claims with Imperial County Transportation Commission (ICTC) for Public Transportation pursuant to:

1. Article 8(e) of the Public Utilities code for bus benches/shelter in the amount of $18,962, 7th/State Street bus terminal in the amount of $55,000, and for the regional maintenance and upkeep for benches/shelter in the amount of $25,000 for a grand total of $98,962.

2. Article 3 of the Public Utilities code for bicycle and pedestrian facilities in the amount of $40,592.

11. Discussion and Necessary Action Regarding the Award of Bid and Authorizing the Execution of a Contract for the Emergency Replacement of Electrical Conduits and Associated Pumps at Bucklin Park.

PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

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

CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE EMERGENCY REPLACEMENT OF ELECTRICAL CONDUITS AND ASSOCIATED PUMPS AT BUCKLIN PARK.

LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

12. Old City Library Electrical Emergency Repairs

13. Received and referred to Community Development Department, Application for Alcoholic Beverage License-El Centro Travel Center, LLC. 550 Wake Ave # B El Centro, CA 92243-9721
7:00-7:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:30-7:40 CITY MANAGER REPORT:

Agenda City Council of the City of El Centro June 18, 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: 06/18/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6416) DOC ID: 6416
Proclamation - Alzheimer's and Brain Awareness Month June 2024.
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City Council of the City of El Centro Meeting: 06/18/24 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 # 6420) DOC ID: 6420
Imperial Valley LGBT Resource Center - Pride Month
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City Council of the City of El Centro Meeting: 06/18/24 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 # 6423) DOC ID: 6423
Warrant Registers for the Month of May 2024
CITY MANAGER’S RECOMMENDATION:

Approve Warrant Registers for the Month of May 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:
· May 2024 (PDF)
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Packet Pg. 107 Attachment: May 2024 (6423 : Warrant Registers for the Month of May 2024) City Council of the City of El Centro Meeting: 06/18/24 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 # 6422) DOC ID: 6422
Approval of Payroll Registers for the Month of May 2024.

CITY MANAGER’S RECOMMENDATION:

Approve Payroll Registers for the Month of May 2024.

ATTACHMENTS:
· PAYROLL REGISTERS MAY 2024(PDF)
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Packet Pg. 133 Attachment: PAYROLL REGISTERS MAY 2024 (6422 : Payroll Registers for the Month of May 2024) City Council of the City of El Centro Meeting: 06/18/24 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 # 6421) DOC ID: 6421
Approval of Treasurer's Report for the month of May 2024.

CITY MANAGER’S RECOMMENDATION:

Approval of Treasure's Report for the month of May 2024.

ATTACHMENTS:
· TREASURER'S REPORT MAY 2024 (PDF)
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CITY OF EL CENTRO

TREASURER'S REPORT

SCHEDULE OF INVESTMENTS
MAY 20Z4
Market
Value
Maturity
Dale
Rate
Par lEsnll YJM Cost

GENERAL ACCPUNI
U.S. Savings and CD’s
First FinI BK32021SKR6
Goldman Sachs 38150VST7
JPMorgan Chase BK 46656M4V0
JPMorgan Chase BK N 46656MQE4
US BK Natl Assn 903SSUCM5
Valley NaUBK 9198S3LE9
02/14/25 $
01/16/25 S
04/17/25 S
09/27/24 $
02/07/25 $
01/16/25 S
235,000 4.850
240,000 5.100
235,000 5.400
235,000 5.700
235,000 4.950
240.000 5.150
1,420,000

4.870 S

5.110 S

5.400 S

5.700 S

4.960 $

5.160 S
235,000
240,000
235,000
235,000
235,000
240.000
S 234,055
$ 239,558
S 234,944
S 235,021
S 234,396
$ 239,633
1,420,000 1,417,607
U.S. Corporate Obligations
Greenstatc Cr Un North Liberty 39573LBJ6
Sallie Mae Bk Murray Utah 7954506Z3
Texas Exchange Bk Crowley 88241TLS7
Toyota FinI Svgs Bk Hend Nv 89235MLG4
Synchrony Bank 87164XA22
Mountain Amer Fed Cr Un West 62384RAQ9
All in Fed CrUn Delaville A 0I664MAH9
Affinity Fed Cr Un 00832KBU2
Kemba Financial Credit Union 48836LAV4
Metro Cr Un Chelsea Mass 59I6IYBH8
Bank of China New York City 06428FZ26
Webbank Salt Lake City Utah 947547J22
Subtotal
S 245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
235,000
245,000

0.450 0.450

0.550 0.550

0.500 0.500

0.600 0.610

0.550 0.560

4.750 4.760

5.700 5.700

5.800 5.790

5.150 5.160

5.650 5.640

5.150 5.160

5.150 5.150
$ 245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
235,000
245.000
$ 244,439
243,780
243,040
242,675
241,974
244,414
245,142
245,277
244,696
245,537
234,568
244.973
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
03/17/25
03/04/26
$ $ S
s s $
s s s
s s s
$ $ $
s s $
s s s
s s $
s $ s
$ $ s
$ $ s
2,930,000 2,930,000 2,920,515
U.& Government Obiigadons
FHLMCMTN 3134GXFC3
Federal Home Uan Bks 3130AMZM7
FNMA3135GA4R9
Federal Home Loan Blk 3130AQRP0
Federal Home Loan Bks 3130ANLX6
FHLMCMTN 3134GY4Z2
Federal Home Loan Bks 3130AMV74
Federal Home Loan Bks 3130ALZX5
FHLMCMTN 3134GX6B5
Federal Home Loan Bks 3130APV69
FHLMCMTN 3134GY4Y5
Federal Home Loan Bks 3I30AMBY7
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 3I30B0JZ3
Federal Home Loan Bks 3130AXCS5
Federal Farm CRBks 3I33EP2P9
Federal Home Loan Bks 3I30AYQG4
Federal Home Uan Bks 3130B0UY3
Federal Home Uan Bks 3130AM2F8
Subtotal
$ 748,868
746,100
741,540
743,303
741,308
749,063
737,363
735,668
748,935
734,835
748,823
733.163
733,838
740.273
725,160
724,883
722,663
749,468
749,340
748,350
748,508
748,740
698.513
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
12/16/24
02/25/25
02/26/25
04/29/25
06/16/25
09/25/25
09/26/25
11/13/25
01/29/26
04/17/26
04/29/26
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

0.350 0.350 S

0.500 0.500 S

0.420 0.420 S

1.400 1.410 S

0.500 0.510 S

5.000 5.010 $

0.400 0.410 S

0.520 0.530 $

5.375 5.380 $

1.000 1.020 S

5.200 5.210 $

0.550 0.560 $

1.250 1.280 S

1.750 1.770 $

0.625 0.650 S

5.500 5.500 $

5.600 5.600 $

5.260 5.270 $

5.250 5.260 S

5.500 5.510 S

1.125 1.210 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
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
$ $
17,250,000 17,250,000 16,998,698
Other Investments
Cash Equiv.

Local Agency Investment Fund
Subtotal
S 2.611,037 0.010
$ 68.288.692 4.332
70,899,729
O.OlO $ 2.611,037 $ 2,611,037

4.332 S 68.288.692 S 68.288,692
70,899,729 70,899,729
Subtotal 92,499,729 92,499,729 92,236,549
Bonds
Series B - 2007 Redevelopment
2021 Series A ● Libraiy Bond Project
2023 Series A ● Police Station Project
S 1,928,512 0.010
S 6,660,526 0.010
S 37,461,920 0.010
46,050,958

0.010 $ 1,928,512 $ 1,928,512

0.010 S 6,660,526 $ 6,660,526

0.010 $ 37,461,920 $ 37,461,920
46,050,958 46,050,958
Total 138,550,687 138,550,687 138,287,507

5.a
Packet Pg. 135 Attachment: TREASURER'S REPORT MAY 2024 (6421 : Treasurer's Report for the Month of May 2024)

CITY OF EL CENTRO
TREASURER’S REPORT

SCHEDULE OF INVESTMENTS
MAY 2024
Prior Fiscal
Year YTD
Same Period
Fiscal
YTD
This
Month
Interest Received
733,553 S
2,508,276
$ 93,973 S 357,519
1,123,412
Other Investments
LAIF
Total 93,973 3,241,829 1,480,931
Balance
04/30/24
Balance
Change 05/31/24
Monthly Activity
General Accounts
U.S. Savings and CD's
U.S. Corporate Obligations
U.S. Government Obligations
Cash Equiv. & Other Investments
LAIF
1,420,000
3,175,000
18,000,000
1,522,065
68,288,692
$ 1,420,000
2,930,000
17,250,000
2,611,037
68,288,692
(245,000)
(750,000)
1,088,973
$
$
92,405,756 93,973 92,499,729
Trustee Accounts
Series B - 2007 Redevelopment
Library 2021 Bond Project
El Centro Police 2023 Bond Project
8 1,928,512
6,660,526
37,461.920
46,050,958
1,928,504
6,660,499

37.332.737
45,921,740

27.37 129,183
129,218 S
Total $ 138,327,497 $ 138,550,687
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. 136 Attachment: TREASURER'S REPORT MAY 2024 (6421 : Treasurer's Report for the Month of May 2024) Cityof El Centro
Treasurer's Report
Summary of Investments
as of 05/31/2024
Investment Unrealized
gain/loss Net increase
decrease
Market Value
end of Period
percent
of total
income
Cost/Par to-date (*){**)
1,420,000 (2,393) $ 1,417,607 2% 1 U.S. Savings and CD's $ 2,930,000 (9,485) $ 2,920,515 3% U.S Corporate Obligations 9 $ (251,303) S 16,998,698 19% 3 U.S. Government Obligati' $ 17,250,000 $ 2,611,037 S 2,611,037 3% 4 Cash Equiv. & Other Inve:
5 LAIF $ 68,288,692 $ 68,288,692 74%
Total $ 92,499,729 $ $ (263,180) $ 92,236,549 100%
(*) Investments 1 through 5
Investments are held to maturity redemption is at cost rendering no loss.

5.a
Packet Pg. 137 Attachment: TREASURER'S REPORT MAY 2024 (6421 : Treasurer's Report for the Month of May 2024) City Council of the City of El Centro Meeting: 06/18/24 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 # 6425) DOC ID: 6425
Approval of City Council Minutes of June 4, 2024.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of June 4, 2024.

ATTACHMENTS:
· 06-04-2024 Regular CC Minutes (PDF)
6 Packet Pg. 138
Book 37

Page 221 ends

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 4, 2024, 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, June 4, 2024 at 11:39 a.m. in Conference Room A, El Centro City Hall, 1275 W. 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 Oliva, second by Cardenas-Singh, to adjourn into closed session for:

EXISITING LITIGATION:

Closed Session pursuant to Govt. Code Section 54956.9(d)(1): Aaron Reel v. City of El Centro (case update).

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)(2) - 2 cases.

CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN 054-310-037.

Agency negotiators: City Manager and Community Services Director Negotiating party: Rove Engineering
Under negotiation: price and terms
Motion unanimously carried.

Closed Session concluded at 2:30 p.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, June 4, 2024 at 6:02 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 Pledge of Allegiance to the flag of the United States of America was led by Interim Mayor Pro-Tem CardenasSingh and Invocation was given by Council Member Carter.

6.a
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Page 222 ends

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session. We ask that item #8 the budget presentation be continued to the June 18th meeting.

City Manager Cedric Ceseña had a comment regarding this agenda item and asked for time to continue this item to the meeting of June 18, 2024.

Mayor Marroquin added that she will have formed an ad-hoc sub-committee composed of two Council Members, which are herself, the Mayor and Council Member Oliva to work with staff to review and advise on the format and content of the budget before its presentation and adoption.

Mayor Marroquin also asked for a motion and a second to add a presentation to this agenda as item 1b., Carina Beltran, Spelling Bee Quarter Finalist, motion by Cardenas-Singh and second by Oliva, all in favor 5/0.

PUBLIC COMMENTS
Public comments were made Marty Ellett.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
Item 1b. was added to agenda by Mayor Marroquin.

1. Certificate of Recognition – El Centro FFA Agriculture Communications State Champion Team. – Presentation was cancelled because El Centro FFA was not present. 1b. Certificate of Recognition to Carina Beltran, made it to quarter finals in the Scripts National Spelling Bee competition in Washington, D.C.

CONSENT AGENDA (ITEMS 2-6)
Moved by Oliva, second by Cardenas-Singh, approving consent items # 2-6.

2. Approval of City Council Minutes of May 21, 2024 and Adjourned Regular meeting of May 23, 2024.

3. Authorized the City Clerk to notify each City Agency to review their code and submit a notice that either amendments are required or no amendments are necessary.

4. Adoption of Resolution No. 24-44, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER AND STATE LAW.

5. Adoption of Resolution No. 24-45, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

IMPERIAL TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON THE DATE PURSUANT TO ELECTIONS CODE §10403.

6. Approval of Request for Proposal for Routine Janitorial Maintenance for Parks and other Public Areas.

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

6.a
Packet Pg. 140 Attachment: 06-04-2024 Regular CC Minutes (6425 : Approval of City Council Minutes) Book 37

Page 223 ends

PUBLIC HEARINGS

7. This was the date and time set for a public hearing to consider the approval of a Rate Increase for the Collection, Transportation, Recycling, Processing and Disposal of Solid Waste. Presentation by Abraham Campos, PE – Public Works Director/City Engineer.

Mayor Marroquin declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Carter, second by Marroquin, adoption of Resolution No. 24-46, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING RESOLUTION NO. 23-60 AND

ESTABLISHING RATES FOR THE INTEGRATED WASTE MANAGEMENT SERVICES

INCLUDING BUT NOT LIMITED TO THE COLLECTION, TRANSPORTATION, RECYLCING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2024-2025.

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

NEW BUSINESS

8. Budget Workshop Fiscal Year 2025 – General Fund, presentation by Karla Chaparro, Director of Finance. Presentation was continued to the City Council meeting of June 18, 2024.

9. Presentation by Adriana Nava, Community Services Director, discussion and any necessary action to approve bid documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services At Large City Parks and Retention Basins and authorize the Community Services Department to go out to bid.

Moved by Cardenas-Singh, second by Garcia, approval of bid documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Large City Parks and Retention Basins and authorize the Community Services Department to go out to bid.

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

10. Presentation by Adriana Nava, Community Services Director, discussion and update regarding Security Services at Bucklin Park. Council members asked questions regarding the need to use armed guards versus and unarmed guards at Bucklin Park.

Moved by Oliva, second by Marroquin, approved unarmed security guard at Bucklin Park.

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

6.a
Packet Pg. 141 Attachment: 06-04-2024 Regular CC Minutes (6425 : Approval of City Council Minutes) Book 37

Page 224 ends

11. Presentation by Chief Robert Sawyer, Chief of Police, authorizing the Acceptance of Grant Funds from the Board of State and Community Corrections (BSCC).

Moved by Oliva, second by Garcia, adoption of Resolution No. 24-47, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING THE ACCEPTANCE OF GRANT

FUNDS FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS(BSCC) IN THE AMOUNT NOT TO EXCEED $28,083.31.

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

12. Presentation by Chief Robert Sawyer, Chief of Police, funding from the Department of Homeland Security allocated for the 2021 Operations Stonegarden.

Moved by Garcia, second by Carter, adoption of Resolution No. 24-48, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO ACCEPTING GRANT FUNDS ALLOCATED

FROM THE DEPARTMENT OF HOMELAND SECURITY FOR OPERATIONS STONEGARDEN 2021.

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

13. Moved by Cardenas-Singh, second by Oliva, adoption of Resolution No. 24-49, RESOLUTION OF THE CITY OF EL CENTRO ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT.

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

14. Moved by Oliva, second by Cardenas-Singh, to cancel the City Council regular meetings of August 6, 2024 and September 3, 2024.

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

LEGISLATIVE
None

INFORMATION ITEM

15. Received Old City Library Electrical Emergency Repairs.

16. Received and referred to Community Development Department, Application for Alcoholic Beverage License – Volcano Asian Restaurant InSoo Kang, 445 E. Main Street, El Centro, CA 92243-2619.

17. Received and referred to Community Development Department, Application for Alcoholic Beverage License – Cinemark El Centro, 3651 S. Dogwood Rd., El Centro, CA 92243-9682.

6.a
Packet Pg. 142 Attachment: 06-04-2024 Regular CC Minutes (6425 : Approval of City Council Minutes) Book 37

Page 225 ends

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

CITY MANAGER REPORT
Reported on activities.

ADJOURNMENT
With no further business the meeting was adjourned at 7:05 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor

6.a
Packet Pg. 143 Attachment: 06-04-2024 Regular CC Minutes (6425 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 06/18/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Acceptance of Resignation Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6414) DOC ID: 6414
Acceptance of Mrs. Sedalia Sanders resignation from the Personnel Appeals Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled
vacancy.

CITY MANAGER’S RECOMMENDATION:

Acceptance of Mrs. Sedalia Sanders resignation from the Personnel Appeals Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.

ATTACHMENTS:
· Sedalia Sander - Resigning from Personnel Appeals Board (PDF) 7 Packet Pg. 144
From: Norma Wyles
To: Sylvia Marroquin
Subject: Sedalia Sander - Resigning from Personnel Appeals Board Date: Wednesday, June 5, 2024 5:06:11 PM
Hello Mayor,
I received a call from Sedalia Sanders. She serves for our Personnel Appeals Board and is resigning. I will go ahead and add her resignation on the next Council meeting and will advertise for her position.

Thanks,
Norma Wyles

7.a
Packet Pg. 145 Attachment: Sedalia Sander - Resigning from Personnel Appeals Board (6414 : Acceptance of Resignation from Personnel Appeals Board) City Council of the City of El Centro Meeting: 06/18/24 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Bid
Prepared By: Stacy Mendoza
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6410) DOC ID: 6410
Rejection of Bidding Results to Facilitate Open Market
Award.

CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO, CALIFORNIA, REJECTING BIDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FACADE IMPROVEMENT PROGRAM.

FISCAL IMPACT:

The fiscal impact is $134,955 in Measure P funds for the Downtown Façade Improvement Program.

The project was originally allocated for $135,147 in the 2021-2022 Action Plan; however, a small amount of funding was expended on the preparation of marketing materials. The remaining balance of $134,955 was moved to the CDBG Sidewalk Program and equal funding from the Measure P Sidewalk Program was moved to the Façade Improvement Program by Council on February 20, 2024.

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

Goal #5 - City Beautification, Engagement & Civic Pride DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

City Staff will reference check local contractors as needed following the bidding process.

BACKGROUND:

The City of El Centro recognizes the importance of Downtown El Centro. A Downtown Task Force to improve the conditions of El Centro's downtown area was formed in 2021.

Mayor Martha Cardenas-Singh and Mayor Pro Tem Sylvia Marroquin, as well as various City Staff, work together to bring about creative solutions for the downtown area, which generally encompasses the area from 4th Street to 8
th Street, and from Broadway to
State Streets. One of the objectives is to beautify the downtown area and a recommendation was made by the Task Force for the establishment of a Downtown Façade Improvement Program.

On May 4, 2021, City Council approved the Downtown Façade Improvement Program and corresponding guidelines as well as the allocation of $125,000 of Measure P funds for the program. Following Council’s approval, Staff worked with the business and property owners in the downtown area to complete nine projects, fully expending the allocated Measure P funding.

To continue with the Façade Improvements in the downtown area, on January 18, 2022, Council approved a Substantial Amendment to the 2021-22 CDBG Annual Action Plan 8 Packet Pg. 146
Action Item (ID # 6410) Meeting of June 18, 2024
to allocate $135,147 in CDBG funding toward the City's Facade Improvement efforts in the downtown area.

Due to CDBG regulations, it was determined that this next phase of Façade Improvements would need to be under a completely separate set of guidelines than the first phase. Because of the differing rules, each potential business/property would need to be re-qualified under the new guidelines. To that end, the “Downtown Façade Improvement Program” was closed out and all pending clients were notified.

Following the approval of the CDBG Facade Improvement Program guidelines, Staff marketed the program to the downtown merchants. The City received nine applications; however, one was not processed due to the improvements being completed by the property/business owner. All other applications were deemed eligible and included in a bidding packet.

On November 7, 2023, Council authorized staff to place the project out for public bidding; however, no bids were received. Staff felt that the use of CDBG funds resulting in the federalization of the project, may have deterred smaller companies from bidding on the project. On February 20, 2024, a substantial amendment of the 2023-2024 Action Plan CDBG was processed moving the Façade money to the CDBG Sidewalk Improvement Program. As part of the same agenda item, equal funding allocated through Measure P to sidewalk improvements was allocated to the Façade Improvement Program.

It should be noted that due to the funding level allocated to the project and per the City's Municipal Code, any project award will be done by the Finance Director and City Manager.

DISCUSSION:

Staff performed outreach to local companies and has received an open market bid for the project . Contract documents were prepared and submitted to the City Attorney who provided direction that although no bids were received as a result of the bidding process, Council would need to reject the bidding results to facilitate the award of the project through the open market process.

CONCLUSION:

It is Staff’s recommendation that City Council 'reject bids' to close the prior bidding process.

ATTACHMENTS:
· Resolution ELM 6.3 A24-0084 (PDF)
8 Packet Pg. 147
05/2024/cdz/A24-0084/Reso/RejectionofBidsCDBGFacadeProgram RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO,

CALIFORNIA, REJECTING BIDS FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT FAÇADE IMPROVEMENT PROGRAM
WHEREAS, on November 22, 2023, the Economic Development Division issued an Invitation for Bids for the Community Development Block Grant Façade Improvement Program; and
WHEREAS, all bids were due by 2:00 PM on Thursday, December 28, 2023; and WHEREAS, no bids were received by the deadline; and
WHEREAS, when no bids are received, the City Charter and State law allows the City by a 4/5ths vote of the Council to reject the bid process and proceed with the project through the open market procurement process; and
WHEREAS, such bid, if received, may be approved administratively pursuant to the dollar limits in City Code Section 2-185.11; and
WHEREAS, the City finds it the best interests of the City of El Centro, California to proceed in the open market.

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

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

2. That the City of El Centro does hereby reject the bidding process to facilitate the solicitation of bids through open market procurement processes.

3. The City Manager or designee is instructed to take all necessary actions to carry out the project.

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

8.a
Packet Pg. 148 Attachment: Resolution ELM 6.3 A24-0084 (6410 : Rejection of Facade Improvement Bidding) 05/2024/cdz/A24-0084/Reso/RejectionofBidsCDBGFacadeProgram 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

8.a
Packet Pg. 149 Attachment: Resolution ELM 6.3 A24-0084 (6410 : Rejection of Facade Improvement Bidding) City Council of the City of El Centro Meeting: 06/18/24 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Agreement
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 6228) DOC ID: 6228
As-Needed Environmental Consultant Services
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT WITH FIVE COMPANIES: MICHAEL

BAKER INTERNATIONAL (MBI), RICK ENGINEERING, CHAMBERS GROUP, RECON

ENVIRONMENTAL AND HARRIS & ASSOCIATES FOR AS-NEEDED
ENVIRONMENTAL CONSULTING SERVICES.

FISCAL IMPACT:

Professional services would be provided on an as-needed basis. Costs will be paid by the project applicant or though the individual project budget.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 1: Financial & Governance Stability & Sustainability - Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost recovery, while providing high quality services through a commitment to local government best practices.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

El Centro Business License and Certificate of Liability Insurance will be requested prior to issuing the Notice to Proceed.

BACKGROUND:

The Community Development Department issued a Request for Proposal (RFP) for environmental consulting services to assist city staff in preparing environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). City staff will employ their services when reviewing private development projects for compliance with CEQA and NEPA. In addition, City staff may employ consultants to assist in the preparation of CEQA and NEPA documents for City projects.

DISCUSSION:

Community Development Department staff selected 5 consultants from the 14 proposals received in response to the RFP. An agreement for professional services prepared by the City Attorney and Community Development Director was provided to each of the selected consultants for their approval. Copies of the agreements approved by the selected consultants are attached as Exhibit A through Exhibit E. A resolution for the City Council’s approval is attached as Exhibit F.

CONCLUSION:

Adopt Resolution 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT WITH FIVE COMPANIES: MICHAEL

BAKER INTERNATIONAL (MBI), RICK ENGINEERING, CHAMBERS GROUP, RECON 9 Packet Pg. 150
Resolution (ID # 6228) Meeting of June 18, 2024

ENVIRONMENTAL AND HARRIS & ASSOCIATES FOR AS-NEEDED
ENVIRONMENTAL CONSULTING SERVICES.

ATTACHMENTS:
· Exhibit A- Michael Baker Int. (PDF)
· Exhibit B- Rick Engineering (PDF)
· Exhibit C- Chambers Group (PDF)
· Exhibit D- RECON Environmental (PDF)
· Exhibit E- Harris & Associates (PDF)
· Exhibit F - Resolution (PDF)
9 Packet Pg. 151
City of El Centro
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CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
MICHAEL BAKER INTERNATIONAL, INC.

FOR

AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES

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CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND

MICHAEL BAKER INTERNATIONAL FOR DESIGN SERVICES RELATING TO AS

NEEDED ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into by the City of El Centro, (“City”) and Michael Baker International, Inc. a Pennsylvania corporation qualified to do business in California (“Consultant”) for the Consultant to provide as need or on-call environmental consulting services (“Consulting Services”) to the City on various projects. City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

RECITALS
The City wants to retain the services of a professional firm to provide the Consultant Services on an as-needed, hourly fee basis, to be paid by project applicant(s) or by the City, and has completed an RFP process to identify qualified consulting firms.

As confirmed by the RFP process, Consultant has the expertise, experience and personnel necessary to provide the Consulting Services for the Project.

The Parties want to enter into an agreement whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Consulting Services for a project on an as needed, hourly fee basis, to be paid by the project applicant(s) or by the City.

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 as-needed environmental consultant services for the preparation of initial studies, environmental assessments, negative declarations, environmental impact reports, addendums, environmental impact statements, technical studies, and other California Environmental Quality Act and National Environmental Policy Act compliant documents for projects. This project is more fully described in the proposal submitted by the Consultant attached and incorporated as Exhibit A.

1.2 Task Administrator.

The Community Development Department is the task administrator for this Agreement.

The Consultant shall provide the Consulting Services under the direction of the Community

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Development Director or designee (“Director”). The Director will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’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 Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation shall be made, provided that any adjustment must be pre-approved by the Parties in writing and the City’s approval may require City Council approval.

1.4 Written Authorization.

Prior to performing any Consulting Services in connection with the Project, the Consultant shall obtain from the City a written authorization to proceed. The Consultant 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 Consultant 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 Consultant, including but not limited to all drafts, data, correspondence, proposals, reports and estimates compiled or composed by the Consultant, 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 Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant or (c) otherwise becomes known to the Consultant 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.

This AGREEMENT shall be effective as of the date of the final signature on this Agreement and will remain in effect until the Consulting Services are completed, but in no event later than four (4) years from the effective date of this agreement and may be extended once for a

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two (2) year extension by mutual agreement, unless terminated sooner pursuant to the provisions of this Agreement.

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 Consultant 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.

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 Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the negligent acts or omissions of the Consultant; and (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant 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 Consultant’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 Consultant 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 Consultant a sum equivalent to the reasonable value of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Consultant. The City may then require the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant 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.

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for delivery to the City. The termination of the Consulting Services shall be effective upon receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant 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 Consultant fails to adequately perform any material obligation required by this Agreement, the Consultant’s failure constitutes a default (“a Default” or “the Default”). If the Consultant fails to cure a Default to meet the Standard of Care 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. 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 Consultant.

2.8 Replacement of Consultant.

If the Consultant for any reason does not complete all the services contemplated by this agreement, the Consultant cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Consultant 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 Consultant 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 Consultant.

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

The rights and remedies of the City enumerated in this section 2.8 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 2.8 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 Consultant.

ARTICLE III

COMPENSATION

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3.1 General.

The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement, in an amount as set forth in the Fee Schedule. The Fee Schedule is attached and incorporated as Exhibit “B.” The Consultant 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. For the duration of this Agreement, the Consultant shall not be entitled to fees which exceed the Fee Schedule. Prior to beginning performance on each Task, Consultant shall provide a proposal to the City including a not to exceed cost estimate for each Task, a schedule of work, and a scope of work. The scope of work shall include all activities or work reasonably anticipated as necessary for successful completion of each Task presented by the City.

3.2 Reserved

3.3 Manner of Payment.

The award of this Agreement by the City Council is not a guarantee of compensation. The City will provide compensation based on the requested and actual work completed. The Consultant shall complete all work required by this Agreement on a task order basis. Each task order shall be verified to have an approved budget by the Task Administrator prior to execution by the City and commencement of any work.

3.3.1 Manner of Payment. The Consultant shall invoice all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task Order. City shall use its best efforts to pay any uncontested amounts within thirty (30) days after receipt of a billing. All billings shall be provided on a chronological basis.

3.4 Additional Services.

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

3.5 Changed Conditions
Should City or Consultant 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 Consultant or City, either Party may call for contract negotiations. Should either party call for contract renegotiation, the Party calling for such negotiations shall identify the changed condition necessitating renegotiation and the Consultant 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 for convenience.

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3.6 Correction Costs.

Correction costs (“Correction Costs”) are those costs that can be reasonably determined to be related to the Consultant’s negligent errors or omissions, and may include Consultant, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Consultant shall not be paid for the Consulting Services required due to the Consultant’s negligent errors or omissions, and the Consultant shall be responsible for any direct damages associated with such negligent errors or omissions. These Correction Costs may be deducted from monies due, or that become due, the Consultant. If, due to Consultant’s error, any required item or component of the project is omitted from the Consultant’s documents, the Consultant 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 Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

In addition to the Consultant’s covenants described in Article VI hereof, the Consultant agrees that the Consulting Services rendered under this Agreement shall be performed with the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California (the “Standard of Care”). 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 Consultant 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 Consultant’s and all Subcontractor’s (as that term is defined in section 4.4) premises to review and audit the Consultant’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 Consultant’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 Consultant 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 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.

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4.2.2.1.1 Accounting Records. The Consultant shall maintain complete and accurate records in accordance with generally-accepted accounting practices in the industry. The Consultant 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 Consultant shall submit exact duplicates of originals of all requested records to the City.

4.2.3 City’s Right--Binding on Subcontractors. The Consultant 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 Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

The Consultant’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 Consultant shall list on the subcontractors list all Subcontractors known to the Consultant at the time this Agreement is entered. If at any time after this Agreement is entered into the Consultant identifies a need for additional Subcontractor Services, the Consultant 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 Consultant’s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Consultant 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 Consultant 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 design professional 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 Consultant shall require the Subcontractor to obtain, all policies described in Exhibit C.

4.4.1.2 The Consultant is obligated to pay the Subcontractor, for Consultant- and City-approved invoice amounts, out of amounts paid by the City to the Consultant, not later than fourteen (14) working days from the Consultant’s receipt of payment from the City.

Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves.

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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 Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.

4.4.1.4 In any dispute between the Consultant and a Subcontractor, the Consultant shall not name the City as a party to any judicial or administrative proceeding to resolve the dispute. In the event that Subcontractor names the City as a party, and the Consultant does not agree to defend and indemnify the City, the City may seek indemnification from the Consultant as described in Article VI of this Agreement.

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

4.6. 4.5 Contract Activity Report.

The Consultant 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 Consultant shall provide an invoice from each Subcontractor listed in the report. The Consultant 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 as described in section 4.4.1.

4.6 Non-Discrimination Requirements.

The Consultant 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 Consultant and any Subcontractors, vendors and suppliers.

4.7 Drug-Free Workplace.

The Consultant agrees to ensure a drug-free workplace. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a consultant certification for a drugfree workplace form.

4.7.1 Consultant’s Notice to Employees. The Consultant shall publish a

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4.7.2 Drug-Free Awareness Program. The Consultant 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 Consultant shall post the drug-free policy in a prominent place.

4.7.4 Subcontractor’s Agreements. The Consultant 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 Consultant and any Subcontractors shall be individually responsible for their own drug-free work place program.

4.8 Americans with Disabilities Act Statement.

The Consultant 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 Design Professional, therefore, 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 Design Professional, however, cannot and does not warrant or guarantee 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.

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04/2024/cdz/A24-0060/Consultant Agreement Page 11 of 28 The Consultant 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 Consultant 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 Consultant shall complete one (1) or more statements of economic interest disclosing relevant financial interests as described on Exhibit “D” attached hereto and incorporated herein (“Consultant’s Statement of Financial Interest”) which may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.

4.10.1 The Consultant 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 Consultant 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 Consultant’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 Consultant shall not recommend or specify any product, supplier or contractor with whom the Consultant 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 Consultant 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 Consultant to liability to the City for attorneys’ fees and all damages sustained as a result of the violation.

4.10.5 Levine Act Statement. Prior to City’s execution of this Agreement Consultant shall execute a current Exhibit “E” regarding possible political contributions.

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 Consultant and 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.

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04/2024/cdz/A24-0060/Consultant Agreement Page 12 of 28 The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under section 3.3. 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 Consultant, its agents, officers or employees, the Consultant shall pay back the City the proportionate of Consultant’s negligent acts or omissions. The City is then entitled to repayment of fees paid to the Consultant, its agents, officers and employees for Mandatory Assistance to the proportionate extent of Consultant’s negligent acts or omissions.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

In providing the City with dispute or litigation assistance, the Consultant or its agents, officers and employees may incur expenses and/or costs. The Consultant 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.

Upon the City’s request, and at the sole expense of the City, the Consultant shall submit exact duplicates of originals of all requested records to the City.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

Once the Consultant has received 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 for work performed and includes ownership of any and all work product completed. This section 5.1 shall apply whether the Consultant’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 Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files and specifications. Nothing herein shall be construed to grant ownership or any other rights to City of any of Consultant’s pre-existing and/or background Intellectual Property or of any information, data, or property that was in Consultant’s possession prior to the execution of this Agreement.

The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

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04/2024/cdz/A24-0060/Consultant Agreement Page 13 of 28 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 Consultant 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 Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants 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 Consultant 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 Consultant.

ARTICLE VI

INDEMNIFICATION

6.1 Indemnification
Consultant shall indemnify City and its officials, employees, agents and/or volunteers (“Indemnified Parties”) from and against losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused by the negligent act, error or omission, or recklessness or willful misconduct of Consultant, its officers, agents, employees or subconsultants (or any entity or person that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify City shall not extend to the extent of City’s negligence, recklessness or willful misconduct or other fault or wrongful act. Notwithstanding anything to the contrary in this Agreement, in no event shall Consultant’s total liability for indemnity under this Section exceed the Consultant’s pro-rata share of all fault causing any injury or loss.

Except for professional liability losses, in the event the Indemnified Parties, individually or collectively, 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, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City ’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions or reckless or willful misconduct. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City as to whether liability arises from the sole or active negligence, recklessness or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct.

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Packet Pg. 164 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 14 of 28 Consultant 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.

6.2 General Indemnification Provisions.

In the event the Consultant fails to obtain such indemnity obligations from others as required here, the Consultant 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 Consultant and shall survive the termination of this Agreement or this section.

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) 3 business days after deposit mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of El Centro
Community Development Department
1275 West Main Street
El Centro, CA 92243

With a copy to: Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243

To CONSULTANT: Michael Baker International, Inc.
9635 Granite Ridge Dr., Suite 300
San Diego, CA 92123

7.2 Headings.

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

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7.3 Non-Assignment.

The Consultant 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. City shall not assign this Agreement, in whole or in part, without the prior written consent of Consultant.

7.4 Independent Contractors.

The Consultant and any Subcontractors employed by the Consultant 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 Consultant concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.

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

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant 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 Michael Baker International 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 Michael Baker International becomes unavailable for any reason, the City must be consulted as to any replacements. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’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 Consultant shall be deemed to be conditions.

7.7 Compliance with Controlling Law.

The Consultant 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 Consultant 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.

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Packet Pg. 166 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 16 of 28 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.

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.

7.9.1 Corporate Protection.

It is intended by the parties of this Agreement that the Consultant’s services in connection with the project shall not subject the Consultant’s individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, and not withstanding anything to the contrary contained herein, the City agrees that as the City’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Consultant, a Pennsylvania corporation, and not against any of the Consultant’s employees, officers or directors.

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 Consultant 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.

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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.

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.

ARTICLE VIII

CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant including but not limited to Exhibit "A" hereto. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall take precedence over those contained in the Consultant's proposals, The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.

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04/2024/cdz/A24-0060/Consultant Agreement Page 18 of 28

ARTICLE IX

AUTHORITY TO EXECUTE THIS AGREEMENT
The person executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

ARTICLE X
WAIVER OF CONSEQUENTIAL DAMAGES.

In no event shall either Consultant or the City have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages or any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

ARTICLE XI

FORCE MAJEURE
In no event shall either Party have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a “force majeure,” including, but not limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body; labor dispute or shortage; national emergency; insurrection; riot; or war. In the event of such failure of performance, the sole remedies shall be extension of time or termination of the Agreement.

IN 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 Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Ceseña, City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk

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Packet Pg. 169 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 19 of 28 I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this 11th day of June, 2024.

Date: __06/11/2024_______________ By: _____________________________ Tim Thiele, PE, Vice President
Michael Baker International, Inc.

I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .

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

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Packet Pg. 170 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 20 of 28 EXHIBIT A – SCOPE OF WORK
Preparation of Environmental Impact Report(s) and Assessment(s), Environmental Impact Statements, Negative Declaration(s), technical studies and other California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) documentation.

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Packet Pg. 171 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 21 of 28 EXHIBIT B – FEE SCHEDULE

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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 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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.

Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies;

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Packet Pg. 173 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 23 of 28 • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
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 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 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 non9.a Packet Pg. 174 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/Consultant Agreement Page 24 of 28 compliance 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.

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, sub-contractors, 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.

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04/2024/cdz/A24-0060/Consultant Agreement Page 25 of 28 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.

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 City 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. 176 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services) City of El Centro
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EXHIBIT D
CONSULTANT 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. 1

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:
_______________________________ ___________________Tim Thiele, Vice President_ 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.
______________________________ __________________ Tim Thiele, Vice President 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 City:
(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 City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
(E) Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
(F) Grant City approval to a plan, design, report, study, or similar item; (G) Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(2) Serves in a staff capacity with the City 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 City that would otherwise be performed by an individual holding a position specified in the City 's Conflict of Interest Code under Section 87302.

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04/2024/cdz/A24-0060/Consultant Agreement Page 27 of 28 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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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.

City of El Centro Council Members as of the date of this RFP/Agreement:

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

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. 06/11/2024

DATE (SIGNATURE OF AUTHORIZED OFFICIAL)
Tim Thiele, PE, Vice President
(TYPE OR WRITE APPROPRIATE NAME, TITLE)
Michael Baker International. Inc.
(TYPE OR WRITE NAME OF COMPANY)
01/2024

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Packet Pg. 179 Attachment: Exhibit A- Michael Baker Int. (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 180 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 181 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 182 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 183 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 184 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 185 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 186 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 187 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 188 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 189 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 190 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 191 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 192 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 193 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 194 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 195 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 196 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 197 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 198 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 199 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 200 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 201 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 202 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 203 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 204 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 205 Attachment: Exhibit B- Rick Engineering (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 206 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 207 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 208 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 209 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 210 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 211 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 212 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 213 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 214 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 215 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 216 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 217 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 218 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 219 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 220 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 221 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 222 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 223 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 224 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 225 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 226 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 227 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 228 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 229 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 230 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 231 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services)

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Packet Pg. 232 Attachment: Exhibit C- Chambers Group (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 1 of 25

CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
RECON ENVIRONMENTAL INC.

FOR

AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES

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Packet Pg. 233 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
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CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND RECON ENVIRONMENTAL INC. FOR DESIGN SERVICES RELATING TO AS NEEDED

ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into by the City of El Centro, (“City”) and RECON Environmental Inc., (“Consultant”) for the Consultant to provide as need or on-call environmental consulting services (“Consulting Services”) to the City on various projects.

City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

As confirmed by the RFP process, Consultant has the expertise, experience and personnel necessary to provide the Consulting Services for the Project.

ARTICLE I

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

1.1 Scope of Services.

1.2 Task Administrator.

The Community Development Department is the task administrator for this Agreement. The Consultant shall provide the Consulting Services under the direction of the Community Development Director or designee (“Director”). The Director will communicate with the Consultant on all matters related to the administration of this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder. When this Agreement refers to communications to or

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Packet Pg. 234 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 3 of 25 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 Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing and the City’s approval may require City Council approval.

1.4 Written Authorization.

1.5 Confidentiality of Services.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

2.2 Time of Essence.

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Packet Pg. 235 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 4 of 25 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.

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 Consultant to a reasonable extension of time, but such delay shall not entitle the Consultant 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 Consultant’s work, inability to obtain materials, equipment or labor, required additional Consulting Services or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the negligent acts or omissions of the Consultant; and (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant 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.

2.6 City’s Right to Terminate for Convenience.

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 Consultant. 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 Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of

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Packet Pg. 236 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 5 of 25 documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant 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 Consultant fails to adequately perform any obligation required by this Agreement, the Consultant’s failure constitutes a default (“a Default” or “the Default”). If the Consultant 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 Consultant, and any person claiming any rights by or through the Consultant 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 Consultant.

2.8 Replacement of Consultant.

If the Consultant for any reason does not complete all the services contemplated by this agreement, the Consultant cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Consultant if they are used, modified or completed by another party for the City. Accordingly, the City agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Consultant 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 Consultant.

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

If the Consultant 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 Consultant, immediately cancel and/or terminate this Agreement and terminate each and every right of the Consultant and any person claiming any rights by or through the Consultant. The rights and remedies of the City enumerated in this section 2.8 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 2.8 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 Consultant.

ARTICLE III

COMPENSATION

3.1 General.

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Packet Pg. 237 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 6 of 25 the Consulting Services under this Agreement, whether within the scope of work for any Task, or as Additional Services, based on the Fee Schedule. For the duration of this Agreement, the Consultant shall not be entitled to fees which exceed the Fee Schedule. Prior to beginning performance on each Task, Consultant shall provide a proposal to the City including a not to exceed cost estimate for each Task, a schedule of work, and a scope of work. The scope of work shall include all activities or work reasonably anticipated as necessary for successful completion of each Task presented by the City.

3.2 Reserved

3.3 Manner of Payment.

3.3.1 Manner of Payment. The Consultant shall invoice all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task Order. City shall pay any uncontested amounts within forty-five (45) days after receipt of a billing.

All billings shall be provided on a chronological 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 Consultant will be paid an additional fee. Additional Services shall be in accordance with the rates provided in the fee schedule.

The City and the Consultant must agree in writing upon such fee prior to the Consultant beginning the Additional Services.

3.5 Changed Conditions
Should City or Consultants 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 Consultant or City, either party may request contract renegotiation. Should either party call for contract renegotiation, the Consultant shall identify the changed condition necessitating renegotiation and the Consultant 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.

3.6 Additional Costs.

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Packet Pg. 238 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 7 of 25 the Consultant 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 Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

In addition to the Consultant’s covenants described in Article VI hereof, the Consultant 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 Consultant 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.

4.3 Insurance.

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Packet Pg. 239 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 8 of 25 The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

The Consultant’s notice shall include a justification, a description of the scope of work and an estimate of all costs for the Subcontractor Services. The Consultant 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 Consultant 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:

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

4.4.1.3 In the case of a deficiency in the performance of Subcontractor Services, the Consultant 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 Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.

4.4.1.4 In any dispute between the Consultant and a Subcontractor, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant 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 consultant for assurances to the City regarding non-discrimination covenants set forth in section 4.6.

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4.5 Contract Activity Report.

4.6 Non-Discrimination Requirements.

The Consultant 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) in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. The Consultant shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. The Consultant 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 Consultant and any Subcontractors, vendors and suppliers.

4.7 Drug-Free Workplace.

4.7.1 Consultant’s Notice to Employees. The Consultant 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 Consultant 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 Consultant shall post the drug-free policy in a prominent place.

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4.8 Americans with Disabilities Act Statement.

4.9 Product Endorsement.

The Consultant 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.

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4.10.5 Levine Act Statement. Prior to City’s execution of this Agreement Consultant shall execute a current Exhibit “E” regarding possible political contributions.

4.11 Mandatory Assistance.

4.12 Compensation for Mandatory Assistance.

The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under section 3.3. 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 Consultant, its agents, officers or employees, the Consultant shall pay back the City. The City is then entitled to repayment of all fees paid to the Consultant, its agents, officers and employees for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

4.14 Retention of Records.

Consultant 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 Consultant shall submit exact duplicates of originals of all requested records to the City.

ARTICLE V
CITY’S OBLIGATIONS

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5.1 Ownership of Documents.

Once the Consultant 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 Consultant’s Consulting Services are terminated by the completion of the Project or in accordance with other provisions of this Agreement.

The Consultant 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 Consultant 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 Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants 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.

ARTICLE VI

INDEMNIFICATION

6.1 Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any City or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City ’s sole or active negligence or willful misconduct.

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Packet Pg. 244 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 13 of 25 A. Duty to defend
In the event the Indemnified Parties, individually or collectively, 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 , Consultant shall defend the Indemnified Parties at Consultant’s cost or at City ’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City , as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City ’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant 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 Consultant 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 Consultant in the performance of this Agreement. In the event the Consultant fails to obtain such indemnity obligations from others as required here, the Consultant 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 Consultant and shall survive the termination of this Agreement or this section.
.

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

To CITY: City of El Centro
Community Development Department
1275 West Main Street
El Centro, CA 92243

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With a copy to: Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243

To CONSULTANT: RECON Environmental Inc.
3111 Camino del Rio North, Suite 600
San Diego, CA 92108

7.2 Headings.

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

7.3 Non-Assignment.

7.4 Independent Contractors.

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant 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 RECON Environmental 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 RECON Environmental 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 Consultant, to require removal of the Consultant’s employees or agents.

7.6 Covenants and Conditions.

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Packet Pg. 246 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 15 of 25 All provisions of this Agreement expressed as conditions on the part of the City or the Consultant shall be deemed to be conditions.

7.7 Compliance with Controlling Law.

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.

7.9 Successors in Interest.

7.9.1 Corporate Protection.

It is intended by the parties of this Agreement that the Professional’s services in connection with the project shall not subject the Professional’s individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, and not withstanding anything to the contrary contained herein, the City agrees that as the City’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Professional, a California corporation, and not against any of the n Professional’s employees, officers or directors.

7.10 Integration.

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.

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7.12 No Waiver.

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.

7.16 Signing Authority.

7.17 Conflicts between Terms.

ARTICLE VIII

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Packet Pg. 248 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 17 of 25 this Agreement shall take precedence over those contained in the Consultant's proposals, The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.

ARTICLE IX

IN 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 Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Ceseña, City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk
I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this 7th day of June, 2024.

Date: 6/7/2024 . By: _____________________________
Gina Sisson, Treasurer
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .

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

9.d
Packet Pg. 249 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 18 of 25 EXHIBIT A – SCOPE OF WORK
Preparation of Environmental Impact Report(s) and Assessment(s), Environmental Impact Statements, Negative Declaration(s), technical studies and other California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) documentation.

9.d
Packet Pg. 250 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 19 of 25 EXHIBIT B – FEE SCHEDULE

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Packet Pg. 251 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 20 of 25

EXHIBIT C

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.

IF REQUIRED Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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Packet Pg. 252 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 21 of 25 Other provisions or requirements
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.

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.

9.d
Packet Pg. 253 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 22 of 25 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.

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

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Packet Pg. 254 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 23 of 25 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.

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.

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. 255 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 24 of 25

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. 1

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:
_______________________________ Treasurer
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.
______________________________ Treasurer
City Manager Consultant Signature & Title

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. 256 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 25 of 25

City of El Centro Council Members as of the date of this RFP/Agreement:

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

DATE (SIGNATURE OF AUTHORIZED OFFICIAL)
Gina Sisson, Treasurer
(TYPE OR WRITE APPROPRIATE NAME, TITLE)
RECON Environmental, Inc.
(TYPE OR WRITE NAME OF COMPANY)
01/2024

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Packet Pg. 257 Attachment: Exhibit D- RECON Environmental (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 1 of 28

CONSULTANT AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN THE

THE CITY OF EL CENTRO
AND
HARRIS & ASSOCIATES INC.

FOR

AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES

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Packet Pg. 258 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 2 of 28

CONSULTANT AGREEMENT BETWEEN THE CITY OF EL CENTRO AND HARRIS & ASSOCIATES INC. FOR DESIGN SERVICES RELATING TO AS NEEDED

ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into by the City of El Centro, (“City”) and Harris & Associates Inc. (“Consultant”) for the Consultant to provide as need or oncall environmental consulting services (“Consulting Services”) to the City on various projects. City and Consultant each may be referred to as a “Party” and collectively as the “Parties.”

As confirmed by the RFP process, Consultant has the expertise, experience and personnel necessary to provide the Consulting Services for the Project.

ARTICLE I

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

1.1 Scope of Services.

1.2 Task Administrator.

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Packet Pg. 259 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 3 of 28 on all matters related to the administration of this Agreement and the Consultant’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 Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation may be made, provided that any adjustment must be pre-approved by the Parties in writing and the City’s approval may require City Council approval.

1.4 Written Authorization.

1.5 Confidentiality of Services.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement.

2.2 Time of Essence.

9.e
Packet Pg. 260 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 4 of 28 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.

2.4 Delay.

2.5 City’s Right to Suspend for Convenience.

2.6 City’s Right to Terminate for Convenience.

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Packet Pg. 261 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 5 of 28 Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant up to the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to the Consultant’s Consulting Services on all task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations under this Agreement.

2.7 City’s Right to Terminate for Default.

2.8 Replacement of Consultant.

If the Consultant for any reason does not complete all the services contemplated by this agreement, the Consultant cannot be responsible for the accuracy, completeness or workability of the contract documents prepared by the Consultant if they are used, modified or completed by another party for the City. Accordingly, the City agrees, to the fullest extent permitted by law, to indemnify, defend and hold the Consultant 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 Consultant.

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

2.10 Consultant’s Right to Terminate for Cause

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Packet Pg. 262 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 6 of 28 Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 45 days, or such longer period as Consultant may allow, after receipt from Consultant of a written termination notice specifying the default in performance. In the event of termination for cause by Consultant, Consultant will be paid for approved services rendered through the effective date of termination

ARTICLE III

COMPENSATION

3.1 General.

3.2 Reserved

3.3 Manner of Payment.

3.3.1 Manner of Payment. The Consultant shall invoice all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis for each Task Order. City shall pay any uncontested amounts within forty-five (45) days after receipt of a billing.

All billings shall be provided on a chronological basis.

3.4 Additional Services.

The City and the Consultant must agree in writing upon such fee prior to the Consultant beginning the Additional Services.

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Packet Pg. 263 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 7 of 28 renegotiation of this agreement. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this agreement.

3.6 Additional Costs.

Additional costs (“Additional Costs”) are those costs that can be reasonably determined to be related to the Consultant’s negligent errors or omissions, and may include Consultant, City or Subcontractor (as that term is defined in section 4.4) overhead, construction, materials, demolition and related costs. The Consultant shall not be paid for the Consulting Services required due to the Consultant’s negligent errors or omissions, and the Consultant 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 Consultant. If, due to Consultant’s error, any required item or component of the project is omitted from the Consultant’s construction documents, the Consultant 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 Consultant be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project.

ARTICLE IV
CONSULTANT’S OBLIGATIONS

4.1 Industry Standards.

4.2 Right to Audit.

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Packet Pg. 264 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 8 of 28 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.

4.3 Insurance.

The Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein.

4.4 Subcontractors.

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Packet Pg. 265 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 9 of 28 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 Consultant shall pay the Subcontractor the amount withheld within fourteen (14) working days of the Consultant’s receipt of the City’s next payment.

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

4.5 Contract Activity Report.

4.6 Non-Discrimination Requirements.

4.7 Drug-Free Workplace.

4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free

9.e
Packet Pg. 266 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 10 of 28 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 Consultant shall post the drug-free policy in a prominent place.

4.8 Americans with Disabilities Act Statement.

4.9 Product Endorsement.

The Consultant 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.

9.e
Packet Pg. 267 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 11 of 28 on Exhibit “D” attached hereto and incorporated herein (“Consultant’s Statement of Financial Interest”) which may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.

4.10.5 Levine Act Statement. Prior to City’s execution of this Agreement Consultant shall execute a current Exhibit “E” regarding possible political contributions.

4.11 Mandatory Assistance.

4.12 Compensation for Mandatory Assistance.

4.13 Attorneys’ Fees Related to Mandatory Assistance.

In providing the City with dispute or litigation assistance, the Consultant or its agents, officers

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Packet Pg. 268 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 12 of 28 and employees may incur expenses and/or costs. The Consultant 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.

ARTICLE V
CITY’S OBLIGATIONS

5.1 Ownership of Documents.

The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications.

5.2 Additional Consultants or Contractors.

The City reserves the right to employ, at its own expense, such additional consultants 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.

ARTICLE VI

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Packet Pg. 269 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 13 of 28

INDEMNIFICATION

6.1 Indemnification
To the fullest extent permitted by law and in accordance with California Civil Code Section 2782.8, Consultant shall indemnify and hold harmless City and any and all of its officials, and employees, (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable attorney’s fees and costs, to the extent same are caused by the negligence, reckless or willful misconduct of Consultant, its officers, agents, employees or subconsultants (performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the Indemnified Parties’ sole or active negligence , reckless or willful misconduct.

6.2 Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding to the extent arising from the performance of the services by Consultant encompassed by this Agreement, , Consultant shall defend the Indemnified Parties at Consultant’s cost or at City ’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligence, reckless or wilful misconduct. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City , as to whether liability arises from the sole or active negligence, reckless or willful misconduct of the City or its officers, or employees Consultant will be obligated to pay for City ’s defense.

6.3 General Indemnification Provisions.

6.4 Limitation of Liability
In no event shall either Consultant or the City have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages or any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

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Packet Pg. 270 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 14 of 28

ARTICLE VII

MISCELLANEOUS

7.1 Notices.

To CITY: City of El Centro
Community Development Department
1275 West Main Street
El Centro, CA 92243

With a copy to: Attention: City Clerk
Norma Wyles
1275 West Main Street
El Centro, CA 92243

To CONSULTANT: Harris & Associates Inc.
2375 Northside Drive, Suite 125
San Diego, CA 92108

7.2 Headings.

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

7.3 Non-Assignment.

7.4 Independent Contractors.

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Packet Pg. 271 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 15 of 28 Without receiving the Consultant’s written permission, the City agrees not to hire, retain or contract with any employee of the Consultant who performs services for the City under this Agreement for one (1) year from the date this Agreement is terminated.

7.5 Consultant and Subcontractor Principals for Consulting Services.

It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant 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 Harris & Associates 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 Harris & Associates 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 Consultant, to require removal of the Consultant’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 Consultant shall be deemed to be conditions.

7.7 Compliance with Controlling Law.

7.8 Jurisdiction, Venue and Attorneys’ Fees.

7.9 Successors in Interest.

7.9.1 Corporate Protection.

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Packet Pg. 272 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 16 of 28 exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Professional, a California corporation, and not against any of the n Professional’s employees, officers or directors.

7.10 Integration.

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.

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.

7.16 Signing Authority.

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Packet Pg. 273 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 17 of 28

7.17 Conflicts between Terms.

ARTICLE VIII

ARTICLE IX

IN 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 Consultant.

THE CITY OF EL CENTRO
Date: _________________ By: _____________________________ Cedric Ceseña, City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk

9.e
Packet Pg. 274 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 18 of 28 I HEREBY CERTIFY I can legally bind CONSULTANT, and that I have read all of this Agreement, this 11th day of June, 2024.

Date: _6/11/2024________________ By: _
____________________________
Ryan Binns, Senior Director
Harris & Associates
I HEREBY APPROVE the form and legality of the foregoing Agreement this day of 20 .

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

9.e
Packet Pg. 275 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 19 of 28 EXHIBIT A – SCOPE OF WORK
Preparation of Environmental Impact Report(s) and Assessment(s), Environmental Impact Statements, Negative Declaration(s), technical studies and other California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation.

9.e
Packet Pg. 276 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 20 of 28 EXHIBIT B – FEE SCHEDULE

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Packet Pg. 277 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 21 of 28

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Packet Pg. 278 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 22 of 28

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Packet Pg. 279 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 23 of 28

EXHIBIT C

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, and employees .

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Packet Pg. 280 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 24 of 28 Other provisions or requirements
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.

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.

9.e
Packet Pg. 281 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 25 of 28 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.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s General Liability 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.

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

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Packet Pg. 282 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 26 of 28 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.

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.

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. 283 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 27 of 28

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:
_______________________________ _ Senior Director__________ 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.
______________________________ _ Senior Director _________ City Manager Consultant Signature & Title

9.e
Packet Pg. 284 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) City of El Centro
04/2024/cdz/A24-0060/On-CallConsultantingServices Page 28 of 28 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.

City of El Centro Council Members as of the date of this RFP/Agreement:

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

DATE (SIGNATURE OF AUTHORIZED OFFICIAL)
Ryan Binns, Senior Director
(TYPE OR WRITE APPROPRIATE NAME, TITLE)
Harris & Associates
(TYPE OR WRITE NAME OF COMPANY)
01/2024

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Packet Pg. 285 Attachment: Exhibit E- Harris & Associates (6228 : As-Needed Environmental Consultant Services) 04/2024/cdz/A24-0060/Reso/On-CallConsultingSrvs
RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA APPROVING

AGREEMENTS WITH FIVE CONSULTING FIRMS

FOR AS-NEEDED CONSULTING SERVICES
WHEREAS, it is necessary for the City Council of the City of El Centro, California, (hereinafter referred to as “City Council”) to approve a Consultant Agreement with each of the following five companies: Michael Baker International (MBI), Rick Engineering, Chambers Group, Recon Environmental and Harris & Associates for As-Needed Environmental Consulting Services in conjunction with the preparation of Environmental Impact Report(s) and Assessments, Environmental Impact Statements, Negative Declaration(s), technical studies and other California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation for upcoming Projects; and
WHEREAS, the Community Development Department issued an RFP for such on-call services and received a number of responses; of those, the five top firms were interviewed and have been chosen to proceed with contracts; and
WHEREAS, the City Council finds that its approval of said Agreements is in the best interest of the City of El Centro, California.

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

1. The findings set out above are true and correct.

2. The City Council hereby approves the agreement between the City of El Centro and the five companies listed above, for as-needed environmental consulting services.

3. That the City Manager of the City of El Centro, California, is hereby authorized to sign each Agreement, copies of which are on file in the office of the City Clerk, on behalf of the City of El Centro, California.

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

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Packet Pg. 286 Attachment: Exhibit F - Resolution (6228 : As-Needed Environmental Consultant Services) 04/2024/cdz/A24-0060/Reso/On-CallConsultingSrvs
APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By________________________
Norma Wyles, City Clerk

9.f
Packet Pg. 287 Attachment: Exhibit F - Resolution (6228 : As-Needed Environmental Consultant Services) City Council of the City of El Centro Meeting: 06/18/24 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Authorization
Prepared By: Elizabeth Fuchen
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6417) DOC ID: 6417
Transportation Development Act Program - Claims
CITY MANAGER’S RECOMMENDATION:

Authorize the filing of the fiscal year 2023-2024 claims with Imperial County Transportation Commission (ICTC) for Public Transportation pursuant to:

2. Article 3 of the Public Utilities code for bicycle and pedestrian facilities in the amount of $40,592.

FISCAL IMPACT:

Receipt of Budgeted Revenue.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE DEPARTMENT

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

N/A
DISCUSSION:

The claims represent the City's allocation of Transportation Development Act (TDA) Funds for Article 8 (e) and Article (3) programs.

CONCLUSION:

Authorize filing of the claims to ICTC.
10 Packet Pg. 288
City Council of the City of El Centro Meeting: 06/18/24 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 6419) DOC ID: 6419
Discussion and Necessary Action Regarding the Award of
Bid and Authorizing the Execution of a Contract for the Emergency Replacement of Electrical Conduits and
Associated Pumps at Bucklin Park.

CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE EMERGENCY REPLACEMENT OF ELECTRICAL CONDUITS AND ASSOCIATED PUMPS AT BUCKLIN PARK.

FISCAL IMPACT:

The project will be paid from the City's General Fund. Staff recommends allocating a total of $100,000 for the project. The bid received is for $87,420, which leaves $12,580 for contingency and labor compliance costs.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and life long learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.

Action 4.5: Improve parks, recreational amenities, open space, and trail development and fulfill critical life cycle and facility maintenance needs.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

Staff has verified the contractor's State Contractor's License and City Business License.

The contractor, Premier Electrical Solutions has completed several projects for the City of El Centro. They include the Swarthout Field Lighting Project, McGee Field Lighting Project as a subcontractor, Frazier Field Lighting Repairs and Bucklin Park Pathway Lighting Project.

BACKGROUND:

The electrical system at Bucklin Park recently short circuited taking out power to the pond pump and irrigation pump. After troubleshooting the short circuit, it was discovered that the underground electrical wiring was aged with worn insulation within a metal conduit that needs replacing immediately. The pond pump recirculates the pond water daily for up to 18 hours to maintain it clean and safe for the public and for fowl that reside at the park. The irrigation pump is needed to water the turf properly throughout the park, without it the turf will dry up along with the soil causing dust to accumulate around the park where residents would not be able to use and enjoy the park.

DISCUSSION:

The scope of work includes the replacement of the existing underground electrical 11 Packet Pg. 289
Resolution (ID # 6419) Meeting of June 18, 2024
wiring and conduits that supply the pond pump, which powers the Veterans Memorial Lighting, irrigation pump, restrooms and pavilion and replacement of outdated non-code compliant electrical main panel and fuses.

Staff obtained a bid from Premier Electrical Solutions in the amount of $87,420 to complete these repairs in a timely manner. City Manager declared this as an emergency project as it affects public health at the park on June 6, 2024. A total of $100,000 of General Fund monies have been allocated for this project.

CONCLUSION:

Staff is recommending the award of the bid to Premier Electrical Solutions in the amount of $87,420 to complete the emergency electrical repairs at Bucklin Park.

ATTACHMENTS:
· Premier Proposal Bucklin Park Emergency Repair (PDF)
· Agreement Contract Documents (PDF)
· Resolution (PDF)
11 Packet Pg. 290
Project: Bucklin Park Emergency repair 6/7/24
Project Quote: $87,420
Deliverables:

I. Materials
a.

II. Services and Details
a. Installation of new Meter can and 200A panel
b. 60A conduit run to irrigation pump and pavilion.
c. Replacement of pump panel at irrigation.
d. 100A Conduit run to fountain pump.
e. Bonding
f. All work to be performed during normal working hours g. Sales tax, and freight included.
h. Includes prevailing wage.

III. Exclusions
a. Permits and Fees
b. Concrete cutting and replacement
c. Trenching and compaction
d. Replacement of irrigation motor.

IV. Terms
a. This quote is good for 30 days.
b. Warranties against defects in craftsmanship and materials for one year and begins when the product is delivered.
c. Procurement will begin upon approval of the equipment submittals. d. Premier Electrical Solutions Inc. will not be held responsible for storage of any piece of equipment.

Jose L Miranda
Project Manager
Premier Electrical Solutions Inc.

EXHIBIT "A"11.a
Packet Pg. 291 Attachment: Premier Proposal Bucklin Park Emergency Repair (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin A20-0144 {Template PW Small Contract 1

CONTRACT AND AGREEMENT FOR BUCKLIN PARK

EMERGENCY ELECTRICAL REPAIRS
This Public Works Agreement is made and effective this DAYof June 2024 by and between the City of El Centro, a California charter city ("CITY"), located at 1275 W. Main St., El Centro, CA 92243, and Premier Electrical Solutions, Inc. (“CONTRACTOR”), located at 1196 Jr. Villa Ct.

Calexico, CA 92231.

WITNESSETH
WHEREAS, CITY desires to contract with a licensed and registered entity to perform some emergency electrical repairs at Bucklin Park consisting of the installation of new underground conduit and wiring to power existing Restrooms facility, irrigation pump and pond pump pursuant to the provisions of City Code section 2-185 for Public Projects, engaged in an informal bid process by emergency declaration and WHEREAS, CONTRACTOR submitted the lowest responsive and responsible bid for such services indicating that it has the requisite personnel and experience, and is capable of providing the deliverables for as the CITY as set out in proposal attached as Exhibit A.

NOW, THEREFORE, it is mutually understood and agreed by CITY and CONTRACTOR as follows:

ARTICLE I

COMPLETE AGREEMENT
A. The complete Agreement shall consist of the following component parts: This Agreement, the non-collusion Affidavit, the accepted CONTRACTOR's bid, dated insert date of Exhibit A proposed contractor scope, including all attached documents; the required bond(s) fully executed; each of the component and any other related documents, which are as fully a part of this Agreement as if hereto attached. This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and supersedes all prior representations, understandings, and communications between the parties. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).

B. In the event of any discrepancy between or among the portions of the Agreement Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications; (b) this Agreement; (c) the accepted CONTRACTOR's proposal; (d) Addenda, if any; and (e) the solicitation, if any. All days set out are calendar days unless otherwise provided.

C. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s) and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically authorized by signed written amendment to this Agreement issued in accordance with the provisions of this Agreement.

ARTICLE II

SCOPE OF WORK

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A. CONTRACTOR shall provide all labor, materials, equipment, and services required to perform the Statement of Work attached hereto as Exhibit A and incorporated herein by this reference.

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B. All services and equipment shall be provided at the times and places designated by the CITY.

ARTICLE III
TERM
This contract shall commence on ISSUANCE OF THE NOTICE TO PROCEED (NTP), and end on or before INSERT PROPOSED CONTRACT END DATE. City has the option of extending the contract for an additional year after this date, at the same cost. All work shall commence immediately upon Contractor receiving a written Notice to Proceed from the CITY.

ARTICLE IV

MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, CITY and CONTRACTOR mutually agree that CITY's maximum cumulative payment obligation hereunder (including, but not limited to obligation for CONTRACTOR's costs and profit), shall be Eighty Seven Thousand Four Hundred Twenty Dollars and Zero Cents ($87,420.00)C for the Scope of Work which shall include all amounts payable to CONTRACTOR for its labor, subcontracts, leases, materials, equipment, the deliverables, and costs arising from CONTRACTOR's performance of this Agreement. CONTRACTOR exceeds the maximum cumulative amount at its own risk and expense.

ARTICLE V

PAYMENT
A. For CONTRACTOR's full and complete performance of its obligations under this Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article 6 below, CITY shall pay CONTRACTOR for work satisfactorily completed in accordance with the terms of the contract.

B. Monthly Payment CITY shall make payments based on invoices received for services satisfactorily performed.

This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to CONTRACTOR of improper payment requests, and provides for the payment of interest on progress payment requests that are not timely made in accordance with that Article. This agreement hereby incorporates the provisions of Article 1.7 as though fully set forthherein.

A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.

Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the

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CONTRACTOR.

ARTICLE VI

PREVAILING WAGES
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 Riverside County. Wage rates shall conform to those posted at the CITY offices and the Project site.

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

1. Section 1773.8 Travel and SubsistencePay

2. Section 1774 Prevailing Wage Requirement

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

4. Section 1776 Payroll Records

5. Section 1777.4 Apprenticeship Requirements

6. Section 1777.5 Apprenticeship Requirements

7. Sections 1810 and 1811Working Hour Restrictions

8. Section 1813 Penalty for Failure to Pay Overtime

9. Section 1815 Overtime Rate Requirement

ARTICLE VII

CONTRACTOR'S LICENSE
At the time of the bid submittal, the bidder must have current licenses and certifications as listed below plus any others determined to be applicable. This includes a joint venture formed to submit a bid.

Class C-10 Electrical license
Successful Bidder and Subcontractors shall obtain a City Business License and any applicable permits required by the City or by other agencies of the State and County prior to commencing any work.

Furthermore, CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing and currently is registered with the Department of Industrial Relations.

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Jose Luis Miranda whose title is RMO/CEO/President, is authorized to act for and bind the corporation.

ARTICLE VIII

REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code, unless otherwise exempted by the provisions of State law for contracts under $25,000 for new construction, alteration, installation demolition or

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Packet Pg. 295 Attachment: Agreement Contract Documents (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin Park) A20-0144 {Template PW Small Contract 5
repair or under $15,000 for maintenance, CONTRACTOR and all 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 must ensure registration with the DIR that is active and in good standing. The CONTRACTOR must submit certified payroll prior to any payment for work performed.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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 1725.5. Such registration must be continued throughout the term of the project.

Pursuant to these requirements, attached as Exhibit B is a listing of subcontractors with their current licenses numbers.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

ARTICLE IX

NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:

To CITY: Adriana Nava
Community Services Director
City of El Centro
1275 W. Main St.

El Centro, CA 92243
To CONTRACTOR: Premier Electrical Solutions, Inc.
1196 Jr Villa Ct.

Calexico, CA 92231
Attn: Jose Luis Miranda
RMO/CEO/President

ARTICLE X

INDEPENDENT CONTRACTOR
CONTRACTOR's relationship to CITY in the performance of this Agreement is that of an independent contractor. CONTRACTOR's personnel performing services under this Agreement shall at all times be under CONTRACTOR's exclusive direction and control and shall be considered exclusively to be employees of CONTRACTOR and not employees of CITY.

CONTRACTOR shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation

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and similar matters.

ARTICLE XI

INSURANCE
The bidder shall not commence work under this contract until it has secured all insurance and bonds required nor shall it allow any subcontractor to commence work on this contract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer or insurers, satisfactory to and first approved by the CITY in writing.

Without limiting Contractor's indemnification of CITY, and prior to commencement of Work, Contractor 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. Contractor 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 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate.

Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees, Contractor shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY and their officers, officials, agents, employees and authorized volunteers.

Other provisions or requirements
Proof of insurance. Contractor 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 endorsement must be approved by CITY 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. Contractor shall procure and maintain for the duration of the contract

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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 Contractor, their agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements 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 Contractor or CITY will withhold amounts sufficient to pay premium from Contractor 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 in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its sub-consultants.

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

Notice of cancellation. Contractor 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.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and their officers, officials, employees, agents and authorized volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

CITY's right to revise requirements. The CITY reserves the right at any time during the termof the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the CITY and Contractor may renegotiate Contractor's compensation.

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

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

Timely notice of claims. Contractor shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liabilitypolicies.

Additional insurance. Contractor 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.

Contractor agrees to provide immediate notice to CITY of any claim or loss against contractor that includes CITY as a defendant. CITY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. In the event of any loss that is not insured due to the failure of to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to the CITY, or the CITY’s employees as a result of such failure.

Contractor agrees not to attempt to avoid its defense and indemnity obligations to CITY and its employees, agents, officials and servants by using as a defense contractor’s statutory immunity under workers’ compensation and similar statutes.

Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which contractor conducts operations of any type on behalf of CITY. Contractor warrants that these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of contractor.

Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross-liability exclusions that preclude coverage for suits between contractor and CITY or between CITY and any party associated with CITY or its employees.

For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement.

Contractor agrees that upon request, all agreements with subcontractors or others with whom contractor contracts with on behalf of CITY will be submitted to CITY for review. Contractor acknowledges that such contracts or Agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of CITY to request copies of such agreement will not impose any liability on CITY, or its employees.

If contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insured

ARTICLE XII

CHANGES
By written notice or order, CITY may, from time to time, order work suspension or make changes

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in the general scope of this Agreement, including, but not limited to, the services furnished to CITY by CONTRACTOR as described in the Scope of Work. If any such work suspension or change causes an increase or decrease in the price of this Agreement or in the time required for its performance, CONTRACTOR shall promptly notify CITY thereof and assert its claim for adjustment within ten (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing in this clause shall excuse CONTRACTOR from proceeding immediately with the agreement as changed.

ARTICLE XIII

CONTRACTOR CLAIMS
Claims by the CONTRACTOR relating to the Project for (a) a time extension; (b) money or damages arising from work done by, or on behalf of, the CONTRACTOR on the Project for which payment is not expressly provided for or to which the CONTRACTOR is not otherwise entitled; or (c) an amount that is disputed by the CITY, with a value of Three Hundred Seventy Five Thousand Dollars and 00/100 ($375,000.00) or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and California Public Contract Code Sections 20104 through 20104.6, incorporated by reference. Notwithstanding, statutory Govt. Code Claims procedures apply to any dispute that remains unresolved or to amounts in excess of thislimit.

Notwithstanding, the provisions of Public Contract Code Section 9204 govern claims by the CONTRACTOR to the CITY. The provisions of Section 9204 are attached as Exhibit C and included by reference.

ARTICLE XIV

TERMINATION
A. Termination Prior to Expiration of Term. CITY reserves the right to terminate this Agreement at any time, with or without cause, upon ninety (90) days' written notice to CONTRACTOR. Upon receipt of any notice of termination, pursuant to this Section, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. CONTRACTOR shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer.

B. Termination for Default of CONTRACTOR. If termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, CITY may take over work and prosecute the same to completion by contract or otherwise, and CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation stipulated for the purpose of setoff or partial payment of the amounts owed to the CITY.

ARTICLE XV

INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
In addition to any other indemnification provisions of the Contract Documents, and specifically indemnifications for hazardous materials, Contractor shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY and its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this

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agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and Contractor, or should CITY otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation.

The Contractor shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

The obligations of Contractor under this or any other provision of this agreement will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to CITY, its employees and officials.

Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of contractor in the performance or subject matter of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, contractor agrees to be fully responsible according to the terms of this section.

Failure of CITY to monitor compliance with these requirements imposes no additionalobligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section.

ARTICLE XVI

ASSIGNMENT AND SUBCONTRACTING
Neither this Agreement nor any interest herein nor claim hereunder may be assigned by CONTRACTOR either voluntarily or by operation of law, nor may all or any part of this Agreement be subcontracted by CONTRACTOR, without the prior written consent of CITY. Consent by CITY shall not be deemed to relieve CONTRACTOR of its obligations to comply fully with all terms and conditions of this Agreement.

ARTICLE XVII

RECORDS RETENTION AND AUDIT
A. Contractor shall retain all necessary records to perform the work hereunder and shall make such records available to the City at all times.

B. Under California Government Code, Section 8546.7, if the amount of public funds expended

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Packet Pg. 301 Attachment: Agreement Contract Documents (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin Park) A20-0144 {Template PW Small Contract 11
under this Agreement exceeds ten thousand dollars ($10,000), any or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of three (3) years after final payment, upon oral or written request of the CITY.

ARTICLE XVIII

CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR f o r a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of saidpremises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said Work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

ARTICLE XIX

SUBSURFACE HAZARDOUS MATERIALS
A. If applicable, and in the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class Ill disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from thoseindicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required or performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

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Packet Pg. 302 Attachment: Agreement Contract Documents (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin Park) A20-0144 {Template PW Small Contract 12
C. In the event that a dispute arises between the CITY and the CONTRACTOR Whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law that pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE XX

PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

ARTICLE XXI

LEGAL PROVISIONS
A. Governing Law. The laws of the State of California shall govern this agreement.

B. Compliance with applicable laws. CONTRACTOR and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder.

C. Attorneys' Fees. If either party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

D. Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in Imperial County.

E. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF EL CENTRO CONTRACTOR
Date: Date:

By: Cedric Ceseña, City Manager By: Jose Luis Miranda

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Packet Pg. 303 Attachment: Agreement Contract Documents (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin Park) 06/2024/cdz/A24-0103/Reso/EmergencyElectricalRepairsBucklinPark 1 RESOLUTION NO. 24-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO

AUTHORIZING THE EMERGENCY REPLACEMENT OF ELECTRICAL

CONDUITS AND ASSOCIATED PUMPS AT BUCKLIN PARK
WHEREAS, the aged underground electrical system at Bucklin Park is shorting out due to age and worn out insulation, resulting in damage to a transformer and associated pumps required to water at Bucklin Park; and
WHEREAS, because of the summer temperatures in El Centro and the use of the Park, for the health and safety of the public, that portion of the electrical system must be replaced immediately; and
WHEREAS, Public Contract Code Section 22050 provides that in the case of an emergency, pursuant to a four-fifths vote of its governing body, a city may repair or replace all or portions of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts when the city makes a finding that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, the City Council of the City of El Centro finds that the replacement of the worn out portion of the Bucklin Park electrical system constitutes an emergency as defined in Public Contract Code Section 1102 and that action must be taken without bidding to replace the worn out portion of the Bucklin Park electrical system; and WHEREAS, City Code Section 2-176 provides that the City Manager is authorized to take such emergency action and notify the Council of that action, which the City Manager took on June 6; and
WHEREAS, the City Council shall review this emergency authorization at each regular meeting until such time as the City Manager reports that the worn out portion of the Bucklin electrical system replacement is complete; and
WHEREAS, the anticipated cost of the replacement and repair is one hundred thousand dollars ($100,000).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA RESOLVES AS FOLLOWS:

1. The Recitals set out above are true and correct.

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Packet Pg. 304 Attachment: Resolution (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin Park) 06/2024/cdz/A24-0103/Reso/EmergencyElectricalRepairsBucklinPark 2

2. The City Council confirms that the City Manager is authorized to take any and all necessary action to repair and replace electrical conduits and associated pumps at Bucklin Park.

3. The City Manager further is directed to place a report and review of such action on upcoming regular meeting agendas until the replacement has been completed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, on the 18
th day of June, 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 18th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

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Packet Pg. 305 Attachment: Resolution (6419 : Emergency Replacement of Electrical Conduits and Pumps at Bucklin Park) City Council of the City of El Centro Meeting: 06/18/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 6353) DOC ID: 6353
Old City Library Electrical Emergency Repairs
FISCAL IMPACT:

No impact to the General Fund. The project will be paid with budgeted Measure P funds for the demolition of Valley Center Point buildings. A total of $300,000 has been allocated for said project this fiscal year and these electrical repairs are expected to be under that amount.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 : Ensure the city’s infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

NA
BACKGROUND:

The existing electrical meter and transformers supporting the old library site is located within the old mall area of the Valley Center Point development. The electrical area has been vandalized beyond repair resulting in loss of electrical power to the old library site, including HVAC and alarm systems. For the Health and Safety of the Public, electrical power must be restored to current code standards.

Public Works has worked with a consultant to complete plans and specifications for the demolition of the Valley Center Point buildings, which includes the old Mervyn's, Miller's Outpost and center mall hallway area where the shops were located. Part of the work included relocating the power source to the old library that is to remain within the old Sears building, currently shared between the City and Imagine school. This emergency has resulted in the acceleration of the electrical relocation part of the work as power cannot be restored via the existing vandalized obsolete system.

On May 7, City Council approved an Emergency Resolution to complete the repairs to the electrical system.

UPDATE:

Staff is currently working with IID, Tom Watson Electrical and Nicklaus Engineering to define the scope and obtain proposals for the needed repairs. 12 Packet Pg. 306
City Council of the City of El Centro Meeting: 06/18/24 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 # 6418) DOC ID: 6418
Received and referred to Community Development
Department, Application for Alcoholic Beverage License-El Centro Travel Center, LLC. 550 Wake Ave # B El Centro, CA 92243-9721
ATTACHMENTS:
· Application for Alcoholic Beverage Licence El Centro Travel Center, LLC (PDF) 13 Packet Pg. 307

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Packet Pg. 308 Attachment: Application for Alcoholic Beverage Licence El Centro Travel Center, LLC (6418 : Application for Alcoholic Beverage License El

El Centro City CouncilJune 18, 2024

El Centro City Council
June 18, 2024