Indio City Council
May 18, 2022

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of...Page 100 of 362 .:V-\Uto<.AU\PrOjEC!5\'IbUL-UU'|LltrusKetanlLentef\ClW9\'|bUL'|gpU'|.dWg.WlUb.b/‘It?/AUdI|U:.‘:4:IE1AM

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II

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of...Page 101 of 362

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 102 of 362

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 103 of 362

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 104 of 362 1 EXHIBIT “A”

ON-SITE WATERLINE EASEMENT
Within the SW ¼ of the SW ¼ of Section 33, T5S, R7W, SBB&M

PARCEL 1
An area of land lying within the NW quarter of the SW quarter of the SW quarter of Section 33, Township 5 South, Range 7 East, San Bernardino Base & Meridian, in the County of Riverside, State of California. The easement being more completely described as follows:

Beginning at the SW quarter of said NW quarter:

Thence N89°51’32”E along the southerly line of said NW quarter a distance of 353.70 feet to the true point of beginning:

Thence, N 00° 01' 01" W for a distance of 26.91 feet to a point on a line.

Thence, N 11° 15' 56" E for a distance of 167.23 feet to a point on a line.

Thence, S 78° 44' 04" W for a distance of 22.00 feet to a point on a line.

Thence, N 11° 15' 56" W for a distance of 14.31 feet to a point on a line.

Thence, S 89° 58' 59" W for a distance of 27.17 feet to a point on a line.

Thence, N 00° 01' 01" W for a distance of 15.00 feet to a point on a line.

Thence, N 89° 58' 59" E for a distance of 27.30 feet to a point on a line.

Thence, N 00° 01' 01" W for a distance of 87.60 feet to a point on a line.

Thence, S 89° 58' 59" W for a distance of 36.42 feet to a point on a line.

Thence, N 00° 01' 01" W for a distance of 20.00 feet to a point on a line.

Thence, N 89° 58' 59" E for a distance of 36.42 feet to a point on a line.

Thence, N 00° 01' 01" W for a distance of 127.35 feet to a point on a line.

Thence, S 89° 58' 59" W for a distance of 12.93 feet to a point on a line.

Thence, S 00° 01' 01" E for a distance of 6.55 feet to a point on a line.

Thence, S 89° 58' 59" W for a distance of 20.00 feet to a point on a line.

Thence, N 00° 01' 01" W for a distance of 16.55 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 32.93 feet to a point on a line.

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 105 of 362 2 Thence, N 00° 01' 01" W for a distance of 54.55 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 120.83 feet to a point on a line.

Thence, S 00° 02' 19" E for a distance of 7.10 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 21.45 feet to a point on a line.

LTSThence, N 00° 02' 19" W for a distance of 7.10 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 29.02 feet to a point on a line.

Thence, S 00° 02' 19" E for a distance of 10.00 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 21.94 feet to a point on a line.

Thence, S 00° 00' 00" W for a distance of 5.00 feet to a point on a line.

Thence, N 90° 00' 00" W for a distance of 5.00 feet to a point on a line.

Thence, S 00° 00' 00" W for a distance of 111.25 feet to a point on a line.

Thence, N 90° 00' 00" W for a distance of 20.00 feet to a point on a line.

Thence, S 00° 00' 00" W for a distance of 5.84 feet to a point on a line.

Thence, N 90° 00' 00" W for a distance of 22.31 feet to a point on a line.

Thence, N 00° 00' 00" E for a distance of 16.49 feet to a point on a line.

Thence, N 90° 00' 00" E for a distance of 22.31 feet to a point on a line.

Thence, N 00° 00' 00" E for a distance of 115.59 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 22.00 feet to a point on a line.

Thence, N 00° 00' 00" E for a distance of 21.56 feet to a point on a line.

Thence, S 89° 58' 29" W for a distance of 100.89 feet to a point on a line.

Thence, N 00° 02' 19" W for a distance of 20.00 feet to a point on a line.

Thence, N 89° 58' 29" E for a distance of 120.91 feet to a point on a line.

Thence, S 00° 00' 00" W for a distance of 21.55 feet to a point on a line.

Thence, N 89° 57' 41" E for a distance of 267.74 feet to a point on a line.

Thence, S 00° 02' 19" E for a distance of 20.00 feet to a point on a line.

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 106 of 362 3 Thence, S 89° 57' 41" W for a distance of 27.51 feet to a point on a line.

Thence, S 00° 01' 01" E for a distance of 315.80 feet to a point on a line.

Thence, S 11° 15' 56" W for a distance of 15.95 feet to a point on a line.

Thence, N 89° 57' 41" E for a distance of 8.83 feet to a point on a line.

Thence, N 00° 02' 19" W for a distance of 13.65 feet to a point on a line.

Thence, N 89° 57' 41" E for a distance of 20.81 feet to a point on a line.

Thence, S 00° 02' 19" E for a distance of 13.65 feet to a point on a line.

Thence, N 89° 57' 41" E for a distance of 51.41 feet to a point on a line.

Thence, S 00° 02' 19" E for a distance of 20.00 feet to a point on a line.

Thence, S 89° 57' 41" W for a distance of 85.28 feet to a point on a line.

Thence, N 78° 44' 04" W for a distance of 18.83 feet to a point on a line.

Thence, S 11° 15' 56" W for a distance of 145.26 feet to a point on a line.

Thence, S 00° 01' 01" E for a distance of 24.89 feet to a point on a line.

Thence S 89°51'32" W a distance of 20.00 feet to the true point of beginning.

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 107 of 362 I
� I
EXHIBU 'lt
/WA WATERLINE EASEMENTS
MATCHLJNE - SEE SHEET 2
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I PARCEL ':4" L.L.A. #16 -'-80 INSTR. NO. 640544
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LEGEND:THE PROPERTY AS SHOWN IS THAT PORnON OF THE

NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECnON JJ,
TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND MERIDIAN.

POB - POINT OF BEGINNING

TPOB - TRUE POINT OF BEGINNING

1. TOTAL EASEMENT AREA = 25,985 sq. ft.

II. Civil Engineering 75060 G erald Forri Drive, . Suit e J • Land Surveying Palm Desert, California 92211
(760) J46-8015
www.feiro.net
@ Copyright 2022, F'llirD a,glnoorlng. Inc.

FEIRO FOR: L. ht E ·t ENGINEERING,,.. 1,c er qu1, ies, L.P.

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AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 108 of 362

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 109 of 362 Citrus Retail Center 160L-001 Revised March 7, 2022 Closure report for centerline of waterline easements

On-site waterline easement’s
North: 7359.97' East: 11715.58'

Segment #1 : Line
Course: N0°01'01"W Length: 26.91'
North: 7386.88' East: 11715.57'

Segment #2 : Line
Course: N11°15'56"E Length: 167.23'
North: 7550.89' East: 11748.24'

Segment #3 : Line
Course: S78°44'04"E Length: 22.00'
North: 7546.59' East: 11769.82'

Segment #4 : Line
Course: N11°15'56"E Length: 14.31'
North: 7560.63' East: 11772.61'

Segment #5 : Line
Course: S89°58'59"W Length: 27.17'
North: 7560.62' East: 11745.44'

Segment #6 : Line
Course: N0°01'01"W Length: 15.00'
North: 7575.62' East: 11745.44'

Segment #7 : Line
Course: N89°58'59"E Length: 27.30'
North: 7575.63' East: 11772.74'

Segment #8 : Line
Course: N0°01'01"W Length: 87.60'
North: 7663.23' East: 11772.71'

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 110 of 362

Segment #9 : Line
Course: S89°58'59"W Length: 36.42'
North: 7663.22' East: 11736.29'

Segment #10 : Line
Course: N0°01'01"W Length: 20.00'
North: 7683.22' East: 11736.29'

Segment #11 : Line
Course: N89°58'59"E Length: 36.42'
North: 7683.23' East: 11772.71'

Segment #12 : Line
Course: N0°01'01"W Length: 127.35'
North: 7810.58' East: 11772.67'

Segment #13 : Line
Course: S89°58'59"W Length: 12.93'
North: 7810.58' East: 11759.74'

Segment #14 : Line
Course: S0°01'01"E Length: 6.55'
North: 7804.03' East: 11759.74'

Segment #15 : Line
Course: S89°58'59"W Length: 20.00'
North: 7804.03' East: 11739.74'

Segment #16 : Line
Course: N0°01'01"W Length: 16.55'
North: 7820.57' East: 11739.74'

Segment #17 : Line
Course: N89°58'59"E Length: 32.93'
North: 7820.58' East: 11772.67'

AGENDA ITEM #9.5
Water Improvement Agreement, Performance and Payment Bonds, and Grant of... Page 111 of 362

Segment #18 : Line
Course: N0°01'01"W Length: 54.55'
North: 7875.13' East: 11772.65'

Segment #19 : Line
Course: S89°57'41"W Length: 120.83'
North: 7875.05' East: 11651.82'

Segment #20 : Line
Course: S0°02'19"E Length: 7.10'
North: 7867.95' East: 11651.82'

Segment #21 : Line
Course: S89°57'41"W Length: 21.45'
North: 7867.93' East: 11630.37'

Segment #22 : Line
Course: N0°02'19"W Length: 7.10'
North: 7875.03' East: 11630.37'

Segment #23 : Line
Course: S89°57'41"W Length: 29.02'
North: 7875.01' East: 11601.35'

Segment #24 : Line
Course: S0°02'19"E Length: 10.00'
North: 7865.01' East: 11601.36'

Segment #25 : Line
Course: S89°57'41"W Length: 21.94'
North: 7865.00' East: 11579.42'

Segment #26 : Line
Course: S0°00'00"E Length: 5.00'
North: 7860.00' East: 11579.42'

Segment #27 : Line

AGENDA ITEM #9.5
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Perimeter: 2671.99' Area: 25984.67 Sq. Ft.

Error Closure: 0.01 Course: N44°57'20"E Error North: 0.011 East: 0.011

Precision 1: 267197.00

Off-site waterline easement’s

Point of Beginning

Point of Beginning : North: 7388.73' East: 9620.74'

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City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Second Reading of Ordinance No. 1778, Adding Chapter 51A (Mandatory Organic Waste Disposal Reduction) to Title V of the Indio Municipal Code

RECOMMENDATION:

Adopt Ordinance No. 1778, Adding Chapter 51A (Mandatory Organic Waste Disposal Reduction) to Title V of the Indio Municipal Code.

SUMMARY:

On May 4, 2022, the City Council introduced for first reading Ordinance No. 1778, which adds Chapter 51A (Mandatory Organic Waste Disposal Reduction) to the Indio Municipal Code. The Ordinance or similar enforcement mechanism is mandated through SB 1383 in order to reduce organic waste that is disposed in landfills.

BACKGROUND INFORMATION:

Senate Bill 1383 (SB 1383) was signed into law in September 2016. In an effort to address climate change, and specifically short -lived climate pollutants, SB 1383 sets targets for reducing organic waste disposal in landfills and to reduce disposal of edible food. California Department of Resources Recycling and Recovery (CalRecycle) found 20 percent of the State’s methane emissions to come from landfills and for organics such as food scraps, yard trimmings, paper and cardboard to make up half of what California disposes of in landfills.

SB 1383 establishes a statewide target to reduce organic waste disposal by 50% by 2020 and 75% by 2025, and a statewide target to redi rect at least 20% of edible food that is currently disposed to people in need. To meet these targets CalRecycle developed prescriptive regulations requiring local jurisdictions to adopt a mandatory and enforceable organics waste recycling Ordinance. In ad dition to the Ordinance, per SB 1383 local jurisdictions are required to:

• Provide organic waste recycling services to all residents and businesses; • Implement an edible food recovery program that recovers edible food from the waste stream; • Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations;
• Procure recycled organic waste products like compost, mulch, and renewable natural gas; and, • Maintain accurate and timely records o f SB 1383 compliance for annual reporting requirements;
• Monitor compliance and conduct enforcement of the City’s Ordinance.

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FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

There is no fiscal impact to the City due to adopting the proposed Ordinance.

ATTACHMENTS:

Attachment 1 - SB 1383 Ordinance

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

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ORDINANCE NO. 1778

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ORDINANCE NO. 1778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADDING CHAPTER 51A (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION)

TO TITLE V OF THE INDIO MUNICIPAL CODE, AND MAKING A DETERMINATION

THAT THE ORDINANCE IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) AND 15308

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

A. The City of Indio, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California.

B. Assembly Bill (“AB”) 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery (“CalRecycle”)), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

C. AB 341 of 2011 places requirements on businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program.

D. AB 1826 of 2014 requires businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and multi-family property owners.

E. AB 827 of 2019, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked. AB 827 further provides that certain businesses that arrange for gardening or landscaping services shall require the contract or work agreement between the business and the gardening or landscaping service require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code.

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F. Senate Bill (“SB”) 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi-family property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets.

G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.

H. This Ordinance implements the requirements of the SB 1383 Regulations.

SECTION 2. AMENDMENT.

Title V (Public Works) of the Indio Municipal Code is hereby amended to add Chapter 51A (Mandatory Organic Waste Disposal Reduction) to read as follows:
“CHAPTER 51A – MANDATORY ORGANIC WASTE DISPOSAL REDUCTION 51A.01 Definitions
For the purposes of this Chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this Chapter.

Additionally, for the purposes of this Chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this Chapter and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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“CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others). “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR). “City” means the City of Indio.
“City Manager” means the City Manager of the City or his/her designee. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) dwelling units is not a Commercial Business for purposes of implementing this Chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4). “Compostable Plastics” means plastic materials that meet the ASTM D6400 standard for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55).
“County” means the County of Riverside.
“C&D” means construction and demolition debris removed from a premise during the construction or demolition of a structure.
“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2;

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or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Edible Food” means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code.
“Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19). “Enforcement Official” means the City Manager or the Designee who is/are partially or wholly responsible for enforcing this Chapter. The Enforcement Official includes the Regional or County Agency Enforcement Official.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s Enforcement Official’sor its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the State Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization,” unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

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(1) A food bank as defined in Section 113783 of the State Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. “Generator” means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48).
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Gray Container Waste.

Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Gray Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Gray Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of the City’s three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5).

Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles.
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30).
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Inspection” means a site visit where the City or its Designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38).
“Large Venue,” unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated

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stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of the City’s regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family Residential Dwelling(s)” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).
“Notice of Violation” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). “Prohibited Container Contaminants,” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:

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(1) discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container;
(2) discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including carpet, hazardous wood waste and Non- Compostable Paper;
(3) discarded materials placed in the Gray Container that are identified by the City as acceptable Source Separated Recyclable Materials to be placed in the Blue Container or Source Separated Green Container Organic Waste to be placed in the City’s Green Container; and,
(4) Excluded Waste placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
“Regional or County Agency Enforcement Official” means a regional agency or county agency enforcement official, which the City may designate with responsibility for enforcing this Chapter in conjunction or consultation with the City’s Enforcement Official. “Remote Monitoring” means the use, at the discretion of the City, of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants.
“SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.

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“Self-Hauler” means a person or entity, who, in compliance with all applicable requirements of this Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a person or entity who Back-Hauls waste. Back-Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A). “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141;
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and,
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing of those materials.

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“Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non-Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products and Printing and Writing Papers unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste.
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container, including Food Waste, that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), but excludes Source Separated Blue Container Organic Waste, carpets, Non- Compostable Paper, and textiles.
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. “Source Separated Non-Organic Recyclables” means non-putrescible and non- hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43) that can be placed in a Blue Container, that is limited to the collection of those recyclable wastes and Source Separated Blue Container Organic Waste.
“State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
(1) Supermarket;
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet;
(3) Food Service Provider;
(4) Food Distributor; or,
(5) Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(74):

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(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
(2) Hotel with an on-site Food Facility and 200 or more rooms; (3) Health facility with an on-site Food Facility and 100 or more beds; (4) Large Venue;
(5) Large Event;
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or (7) A Local Education Agency facility with an on-site Food Facility. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76). 51A.02. Compliance Generally
Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City’s authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this Chapter, and the provisions of any franchise agreement between the City and a franchised hauler in effect. In the event of a conflict between the provisions of this Chapter and other provisions of this Code, the provisions of this Chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this Chapter, the SB 1383 Regulations shall control.
51A.03 Requirements for Single-Family Organic Waste Generators Single-Family Organic Waste Generators shall comply with the following requirements:
(A) Subscribe to the City’s three-container Organic Waste collection service(s) for all Organic Waste generated as described in subsection 51A.03(B). The City shall have the right to review the number and size of a Generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). Generators may additionally meet the Self-Hauler requirements of Section 51A.09 of this Code.

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(B) Participate in the City’s Organic Waste collection service by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container.

Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Generators may additionally meet the Self- Hauler requirements of Section 51A.09 of this Code.
51A.04 Requirements for Commercial Organic Waste Generators and Commercial Businesses
Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements:
(A) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall subscribe to the City’s three-container Organic Waste collection service and comply with requirements of that service as described below in subsection 51A.04(B). The City shall have the right to review the number and size of a Generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). Generators may additionally meet the Self-Hauler requirements of Section 51A.09 of this Chapter. (B) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall participate in the City’s Organic Waste collection service by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in containers.

Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Generators may additionally meet the Self-Hauler requirements of Section 51A.09 of this Chapter. (C) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to

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be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the Organic Waste collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8. (D) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to subsection 51A.04(C)(1) and (C)(2) above) for employees, contractors, tenants, and customers, consistent with the City’s collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
(E) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service pursuant to 14 CCR Section 18984.1(a)(5). (F) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(G) Commercial Businesses, including Multi-Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(H) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide information as described in (g) in this Section before or within fourteen (14) days of occupation of the premises to new tenants.

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(I) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 51A.12 to confirm compliance with the requirements of this Section.
(J) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of Section 51A.09 of this Chapter.
(K) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.
(L) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 51A.06 of this Chapter.
(M) Nothing in this Section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a franchise agreement between the City and a franchised hauler. 51A.05. Waivers for Generators
The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste:
(A) De Minimis Waivers. The City may waive a Commercial Business’(including Multi- Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of Section 51A.04 of this Chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the commercial business generates below a certain amount of Organic Waste material as described below in subsection (a)(2). Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services for which the Commercial Business is requesting a waiver and provide documentation as noted in subsection 51A.05(A)(2) below.
(2) Provide documentation that either:
(a) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less

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than 20 gallons per week per applicable container of the business’ total waste; or,
(b) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify the City if circumstances change such that the Commercial Business’ Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in subsection (a)(2) above, the City shall rescind the waiver.
(4) Provide written verification of eligibility for a de minimis waiver every 5 years, if the City has approved a de minimis waiver.
(B) Physical Space Waivers. The City may waive a Commercial Business’ (including Multi-Family Residential Dwellings) or property owner’s obligations to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of Sections 51A.04 of this Chapter, as applicable, if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 51A.04 of this Chapter, as applicable.

Commercial Businesses or property owners requesting a physical space waiver shall:
(1) Submit an application form specifying the type of collection services for which the Commercial Business is requesting a waiver and provide documentation as noted below.
(2) Provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 51A.04, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has adequate space for the collection

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containers required for compliance with the Organic Waste collection requirements of Section 51A.04, the City shall rescind the waiver. (4) Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
(C) The City Manager will be responsible for review and approval of waivers. 51A.06. Requirements for Commercial Edible Food Generators (A) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(B) Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(C) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(a) the collection of Edible Food for Food Recovery; or, (b) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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(b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self- hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(D) If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information:
(1) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(2) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(3) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(4) Any additional information required by the City or the City’s Designee.
(E) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the State Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.)

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51A.07. Requirements for Food Recovery Organizations and Services (A) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(B) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (C) If the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
(D) Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

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(E) Food Recovery Capacity Planning--Food Recovery Services and Food Recovery Organizations.

In order to support the City’s cooperation with the County in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
51A.08. Requirements for Haulers, Facility Operators and Community Composting Operations
(A) Requirements for Haulers. Haulers providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City’s boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste:
(1) Through written notice to the City, identify the facilities to which they will transport Organic Waste.
(2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
(3) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (B) Subsection 51A.08(A) is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code.
(C) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities,

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and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
(2) Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
51A.09. Self-Hauler Requirements
In addition to any other requirements for Self-Haulers as contained in this Code:
(A) Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3.
(B) Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in the City’s organics and recycling collection program) generated on- site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul, on an at least weekly basis, Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (C) Self-Haulers shall haul, on an at least weekly basis, their Source Separated Recyclable Materials to a facility that recovers those materials; and haul, on an at least weekly basis, their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul, on an at least weekly basis, Organic Waste to a High Diversion Organic Waste Processing Facility. (D) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste and provide such records to the City in accordance with subsection 51A.09(E). The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity.

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(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. Such record shall include a receipt or similar documentation created by the receiving entity stating the date of delivery and confirming acceptance of the Organic Waste by the receiving entity.
(E) Self-Haulers that are Commercial Businesses shall provide the records required in subsection 51A.09(D) to the City on a quarterly basis in four reports on the following schedule, commencing with the report due on July 31, 2022:

Period when Material Self-Hauled Report Due
January 1 - March 31 April 30
April 1 – June 30 July 31
July 1 – September 30 October 31
October 1 - December 31 January 31
(F) A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information pursuant to subsection 51A.09(D) or (E). 51A.10. Model Water Efficient Landscaping Ordinance Requirements Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 2015.
51A.11 Procurement Requirements for Direct Service Providers and Vendors All vendors providing Paper Products and Printing and Writing Papers and all Direct service providers to the City shall comply with the City’s policy regarding recovered Organic Waste product procurement, including Recycled-Content Paper procurement.

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51A.12 Inspections and Investigations by the City
(A) City representatives and/or its Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi- Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this Chapter, the City may conduct container Inspections, including using Remote Monitoring, for Prohibited Container Contaminants. (B) A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City or Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for:
(1) access to an entity’s premises;
(2) installation and operation of Remote Monitoring equipment; or, (3) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein. (C) Any records obtained by the City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code. (D) The City’s, its Designees and agents are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(E) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3. 51A.13 Enforcement
(A) Violation of any provision of this Chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4.

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(1) Issuance of an administrative citation and assessment of a fine are Enforcement Actions under this Chapter. The City’s procedures on imposition of administrative fines set forth in Title 1, Chapter 11 of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Section.
(2) A Notice of Violation shall require compliance within 60 days of issuance of the notice, in accordance with 14 CCR Section 18995.4.
(3) Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

The provisions of subsection 51A.13(A) do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and the contamination processing fees pursuant to the provisions of the applicable franchise agreement between the City and a franchised hauler.
(B) Enforcement pursuant to this Section may be undertaken by the Enforcement Official.
(C) Penalty Amounts for Types of Violations
For the purposes of this Code, the penalty levels for violations of the provisions of this Chapter are as follows:
(1) For a first violation, the penalty shall be $100 per violation. (2) For a second violation, the penalty shall be $200 per violation. (3) For a third or subsequent violation, the penalty shall be $500 per violation.
(D) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

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(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.” SECTION 3. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Indio hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this 4th day of May, 2022. ________________________________

WAYMOND FERMON, MAYOR

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Second Reading of Ordinance No. 1778 , Adding Chapter 51A (Mandatory Org... Page 143 of 362 -25-
ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ, CITY ATTORNEY

AGENDA ITEM #9.6
Second Reading of Ordinance No. 1778 , Adding Chapter 51A (Mandatory Org... Page 144 of 362 City of Indio
City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: City of Indio Sustainability Commission Sustainability Plan and 2022 Annual Work Plan

RECOMMENDATION:

Approve the City of Indio’s Sustainability Commission Sustainability Plan and 2022 Annual Work Plan.

SUMMARY:

The Sustainability Commission (Commission) was established in 2014, and in 2020 was tasked to create a Sustainability Plan to recommend for adoption by the City Council. The Commission created a joint Sustainability Plan and Annual Work Plan that allows th e work plan to be easily and directly connected to the goals of the Sustainability Plan.

BACKGROUND INFORMATION:

The City Council created the Sustainability Commission in 2014, and the Commission held the first meeting on February 23, 2015. Shortly afte r, the Commission created the following mission statement:

The Indio Sustainability Commission is dedicated to contributing to a clean and healthy environment, preserving cultural and historic resources, promoting community engagement and creating a thri ving economy.

In 2020, the City Council approved Ordinance No. 1750 which included § 32.12 Sustainability Commission Establishment and Duties that specifically tasked the commission to develop and recommend for adoption by the City Council a Sustainabili ty Plan. The Commission considered similar plans from both in and outside the organization and agreed on a framework of five goals that closely the match the City of Indio Climate Action Plan:

1. Clean Energy

2. Low Greenhouse Gas Emissions

3. Zero Waste

4. Water Resources

5. Sustainable Environment, Land Use and Transportation

The Sustainability Plan lists several potential actions for each goal and then lists the actions for development in the Annual Work Plan. Many of the actions come from other planning documen ts such as the General Plan 2040 and Complete Streets Plan, which have been through robust public AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 145 of 362 engagement and contain multiple actions that affect sustainability in Indio. Keeping a full list of potential actions allows for drag and drop projects into the work plan. Each project is more fully detailed in a project sheet that allows the plan to be more effectively utilized as a work plan and to track the progress of each project.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

There is no fiscal impact to the City due to adopting the Sustainability Plan and 2022 Annual Work Plan.

ATTACHMENTS:

Attachment 1 - Sustainability Plan and Work Plan

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 146 of 362 ATTACHMENT 1

CITY OF INDIO SUSTAINABILITY COMMISSION

SUSTAINABILITY PLAN AND ANNUAL WORK PLAN

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 147 of 362

City of Indio
Sustainability Commission
Sustainability Plan and Annual Work Plan Draft

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 148 of 362 1 About the Sustainability Commission
The City Council created the Sustainability Commission in 2014 and the Commission held the first meeting on February 23, 2015. Shortl y after , the C ommission created the following mission statement:

The Indio Sustainability Commission is dedicated to contributing to a clean and healthy environment, preserving cultural and historic resources, promoting community engagement and creating a thriving economy.

In 2020, The City Council approved Ordinance 1750 which included § 32.12 Sustainability Commission Establishment and Duties that specifically tasked the commission to develop and recommend for adoption by the City Council a Sustainability Plan. The Commissioners understood that sustainability is a vast and complex target, and that learning from experts is an important part of building sustainability programs and plans.

With that understanding there have been many distinguished speakers from different organizations throughout the course of the Commission meetings including the Coachella Valley Association of Governments, Electrify America, Global Green, students from Indio High School, SoCalGas, GRID Alternatives and CalRecycle.

The C ommission actively considers projects, grants, partnerships and policy recommendations that advance sustainability goals.

Commissioners
Chair Morgen Bentsen 2021
Vice Chair Anetha Lue 2022
Commissioner Miguel Romero 2022
Commissioner Jerry Tack 2014
Commissioner Robert Patterson 2014

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 149 of 362 2 Process
The commission began the process of developing a Sustainability Plan by considering other plans that have been developed for the City including the General Pl an 2040, Climate Action Plan and Complete Streets. These plans have been through robust public engagement and contain multiple actions that affect sustainability in Indio either directly or indirectly. This plan lists possible projects to move toward sustainability and these projects are a mix of actions taken from these previous city plans and ideas discussed in the commission. Where actions are taken directly from previous plans that have been adopted by the city, a reference to that plan is included using the following notations:

CAP Climate Action Plan
GPU General Plan 2040
CS Complete Streets
TCC Transformative Climate Communities Plan

New regulations that mandate food waste diversion, renewable energy standards and water conservation goals were also considered. Although these measures are mandated, they advance the city toward sustainability and require strategy, time and investment.

Sustainability Plan
Regulations
Climate
Action Plan
General
Plan
Update

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 150 of 362 3 Partnerships and Collaborating Efforts

The Sustainability Commission recognizes that partnerships with other organizations working on similar initiatives enhances city efforts. This Plan is meant to compile sustainability efforts as well as provide goals and visions for a sustainable city.

Incorporating parallel efforts toward sustainability from outside entities is essential in understanding and incorporating new science and innovative solutions for sustainability .

The Commission follows and considers the work of many organizations including:

AB617 addresses air pollution impacts in environmental justice communities including the Eastern Coachella Valley (ECV). The ECV community produced the Community Emissions Reduction Plan in 2021.

AB1583 created a Statewide Commission on Recycling Markets and Curbside Recycling which produces reports with policy recommendations to CalRecycle

C40 Cities provide information and showcase solutions that cities are implementing to limit climate change.

SB375 prompts California regions to work
together to reduce greenhouse gas
emissions from cars and light trucks.

Limitations of the Plan

Aspects of sustainability touch almost all
city functions and also extend far beyond
city boundaries. The United Nations
Sustainable Development Goals include
the need to address poverty,
homelessness and health. The City of
Indio’s Transformative Climate
Communities Plan considers housing
availability and community centers. These
are vital facets of sustainability, however,
in order to keep the Sustainability Plan
more focused, the Plan does not include
recommendations and projects for every
facet of sustainability. Limitations of this
scope of this Plan should not limit sustainability actions taken by the City in any way. All

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 151 of 362 4 city departments have opportunity and responsibility to undertake initiatives that affect sustainability.

Local Risks
Heat
California’s Fourth Climate Change Assessment provided an overview of climate-related risks and adaptation strategies tailored to specific regions and themes and included the Inland Deserts Region Report. This report includes the Coachella Valley Region and highlights the risks of higher temperatures projected to increase by up to 8-14 degrees F by the end of the century and extreme drought and extreme wet events becoming more common (Hopkins, 2018). The City of Indio Climate Action Plan models predict an increase between 5.6 degrees F and 9.1 degree F with extreme heat events becoming more frequent and lasting longer. Indio and surrounding areas comprise a unique urbanized desert area where increased heat is a critical local risk.

Water
Water resources are an important consideration, especially in a desert region. As climate change alters precipitation patterns, sustainable water becomes more and more critical. This Plan includes a chapter on water resources however, more in depth water resource management is addressed in the 2022 Indio Subbasin Water Management Plan Update and the 2018 Coachella Valley Integrated Regional Water Management and Stormwater Resource Plan. In Indio, water is a vital risk factor for sustainability.

Air Quality
Indio is located within the South Coast Air Quality Management District (SCAQMD) which is the agency responsible for improving air quality in parts of Los Angeles, Orange, Riverside and San Bernardino counties. The U.S. Environmental Protection Agency sets national ambient air quality standards (NAAQS) for some air pollutants and air quality districts must meet the standards or execute an approved plan to meet the standards within specific time frames.

The Coachella Valley meets most NAAQS however, this area Valley is in extreme nonattainment for the 1997 8-hour Ozone standard of 0.08 ppm despite significant improvements over the years. Gas and diesel powered vehicles emit nitrogen oxides (NOx) and volatile organic compounds (VOCs) that mix with heat and sunlight to produce Ozone. Reducing vehicle emissions is an effective way to lower Ozone pollution, however, the primary source of the ozone pollution detected in the Coachella Valley emanates from the South Coast Air Basin and is blown into the Valley by prevailing winds (South Coast AQMD, 20)

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 152 of 362 5 Framework
The commission considered outlines and information from several other sustainability and climate actions plans including the Los Angeles Green New Deal, Palm S prings Sustainability Plan and the Michigan Climate Action Plan A2Zero.

After careful consideration, the commission agreed on an outline that is very close to the Indio Climate Action Plan. This framework consists of five primary goals, which organize the Plan, however, many of the projects can achieve more than one goal. The five goals are:

1. Clean Energy

2. Low Greenhouse Gas Environment

3. Zero Waste

4. Water Resources

5. Sustainable Environment, Land Use and Transportation For each main goal, the Plan includes a chapter with information about objectives and projects. Accomplishments that the city has already made toward those goals is also included. Sustainability cannot be achieved through city efforts alone and there are many Indio residents who are involved in sustainability efforts by recycling, reducing waste and conserving water. In order to increase these efforts, the plan also includes information on what residents can do to support the five goals.

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 153 of 362 6 Goal 1: Clean Energy
Objectives:

Increase Local Renewable Energy Generation
Mandates:

SB100 California Clean Energy Bill sets goal of 100 percent renewable energy by 2045.

This mandate does not directly affect the city however, it does effectively decrease greenhouse gas emissions from the city.

Potential Projects
• Residential Solar (CAP) (TCC)
• Commercial Solar (CAP) (TCC)
• Update Community Greenhouse Gas Inventory
• Update the municipal Greenhouse Gas
Inventory
• Increase solar energy use in city facilities
• Purchase Soofa Signs
• Purchase/Provide shade structures with solar
panels at local schools
• Support renewable natural gas

What residents can do:

Plant Shade Trees
Consider moving from gas
appliances to electric
appliances
Conserve Water

Annual Work Plan
Annual Work
Plan
2022
Learn more about
digesters or other local
renewable energy
options.

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 154 of 362 7 Clean Energy Accomplishments
• Solar panels at City Hall, Teen Center, IWA Facilities • EV Arc to power fleet zero emission vehicles
• Partnership with GRID Alternatives
• Soofa Solar Bench at Indio High School
• Food Waste to Biogas Study
• Community Greenhouse Gas Update that showed a 26 percent GHG reduction in community emissions resulting in a Beacon Spotlight Award from the Institute of Local Government.

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 155 of 362 8 Goal 2: Low Greenhouse Gas Environment
Objectives:

Decrease greenhouse gas emissions and increase EV charging infrastructure Mandates:

AB1236 requires all cities and counties to develop an expedited, streamlined permitting process for all levels of EV charging stations
Green Building Codes provide
Potential Projects
• Provide more public EV charging stations
• Green Rental Housing Program
• Weatherization Programs for current housing stock
• Energy Efficiency Education for Businesses (CAP)
• Low income Weatherization Plan (CAP)
• Commit to EV charging stations at City Facilities
• Free Tree Program for private areas, residential and commercial.
• Create a “Buy Local” campaign
• Conduct outreach regarding existing rebate programs
To purchase Zero-Emission Vehicles

What residents can do
Insulate windows and doors
Consider purchasing an
electric vehicle
Turn your thermostat up one
degree in the summer

Annual Work
Plan
2022
Identify Potential
EV Charging
Station Locations
Consider incentives
for EV chargers
installations
Recommend policy
to require EV
charging stations

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 156 of 362 9 Low Greenhouse Gas Environment Accomplishments
• Upgrades at City Hall (HVAC, Lighting, Software)
• Streetlight LED replacement
• Bigbelly smart solar waste and recycling receptacles
• Partnership with GRID Alternatives
• Complete a Greenhouse Gas Inventory 2010 and a Greenhouse Gas Inventory Update (2016)
• City employee 9/80 schedule reduced VMT (Vehicle Miles Traveled) • Property Assessed Clean Energy Financing

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 157 of 362 10 Goal 3: Zero Waste
Objectives:

Reduce materials that are landfilled through increased recycling and source reduction Facilitate a circular economy to keep materials in use longer Provide strategic and effective communication and outreach for proper waste management.

Mandates:

SB1383 Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions.

Local governments must provide organic waste collection to all residents and businesses without resident or business subscribing to the service. The city must conduct outreach to all stakeholders to support moving clean organic waste to reuse rather than to the landfill. In addition there
are record keeping, inspection and
enforcement requirements.

AB1826 Mandatory Commercial Organics
Recycling
Requires commercial facilities that generate
4 cu yards of waste per week shall arrange
for organics recycling (green waste is
included as organic waste)

AB341 Mandatory Commercial Recycling
Requires commercial facilities that generate
4 cu yards of waste per week to arrange for
recycling

Possible Projects
• Special Event Waste Diversion (GPU)
• Create a Litter Abatement Program
• Hold Zero Waste Challenge
• Partner with Riverside County to have a permanent household hazardous waste collection site in Indio.
• Establish a Commercial Ambassador Pilot Program or integrate with GPU Table 12-4 number 2, Establish and implement an annual business visitation program.

Annual Work Plan

Annual Work Plan
2022
Provide indoor waste,
recycling and organics
containers to businesses
Develop outreach Plan
Hold Sustainability Collection
Events
Consider Circular Economy –
Identify Repair and Reuse
Infrastructure

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 158 of 362 11 This program would bring varied regulations and sustainability efforts into a more efficient platform. Many commercial facilities require storm water inspections and will soon require waste inspections. Compliance requirements can be brought together into one annual visit that also supports sustainability and builds positive business relations by including water and energy conservation tips. • Start Food Waste Diversion Program at Senior Center
What residents can do:

Put only clean dry items in the recycle bin

Check out the Indio website for more information on what is recyclable

Dispose of food waste in the green bin to be processed into compost

Bring your household hazardous waste (HHW) to a
Riverside County HHW collection event

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 159 of 362 12 Zero Waste Accomplishments
• Sustainability Collection Events (oil, oil filters, compost exchange, shredding, electronic waste and waste tires)
• Household Hazardous Collection events
• Battery collection program
• Install bottle filling stations at parks and city facilities • Single-use Plastic Bag Ban
• Provide waste and recycling containers to schools and businesses

20,716
Pounds of household
hazardous waste collected
at the Indio collection
events

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City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 160 of 362 13 Goal 4: Conserve Water Resources and Ensure a Sustainable Water Supply
Objectives:

Promote water use efficiency and conservation efforts through outreach and incentives.

Work with regional water agency agencies for consistent conservation messaging throughout the Coachella Valley.

Mandates:

SB606 and AB1668 Water Conservation and Drought Planning

The legislation requires the establishment of water use objectives and long-term water use efficiency standards for urban water suppliers. Ultimately, each urban water supplier will be given a “water use objective” that is comprised of indoor residential water use, outdoor residential water use, commercial, industrial and institutional (CII) irrigation, water loss and other unique local uses. It is the responsibility of the water supplier to develop and implement the necessary policies, programs and projects to ensure the water use objective is met as a water supplier.

Minimally for indoor residential water use, the law sets the standard at 55 gallons per person, per day through January 1, 2025; this figure will be incrementally reduced over time to 50 gallons per person, per day in January 2030.

Currently, state agency efforts are underway to develop outdoor residential use standards with consideration for climate factors, defining performance measures for commercial, institutional and industrial (CII water use), and variances in which the data will be incorporated as part of the overall water use objective. The State Water Board continues to conduct extensive public comment process, with the intent that urban retail water suppliers are to submit the first annual report beginning on November 1, 2023 and annually thereafter.

California Water Code Section 10632.1

The Annual Water Supply and Demand Assessment is a new State mandated report due on July 1, 2022 and every July 1st thereafter. Water suppliers will be required to submit regular reports to the Department of Water Resources (DWR) to provide estimates of any gap between water demand and actual supplies available each year.

The report will provide information to DWR with information for any anticipated shortage, triggered shortage response actions, compliance and enforcement actions

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 161 of 362 14 and communication actions consistent with the supplier’s Water Shortage Contingency Plan.

SB 555

Senate Bill 555 was adopted in 2015 during the last drought, which required urban retail water suppliers to submit water loss audits to the State annually. Subsequent legislation (i.e. AB 1414) changed the reporting frequency of the water loss reports to be due by January 1 of each year, starting January 1, 2021. The water loss audit focuses on water system specific water loss. Efforts are currently underway by the State Water Resources Control Board to develop water loss performance standards for urban retail water suppliers.

Possible Projects:
• Identify effective ways to promote water conservation, offer rebate incentives and conduct more strategic outreach.
• Explore recycling water project in partnership with the East Valley Reclamation Authority.

What residents can do:
• Remove turf and replace with drought tolerant landscaping (rebates are available).
• Replace indoor and outdoor appliances with water efficient toilets, clothes washers, and/or smart irrigation controllers (rebates are available). • Eliminate water waste (e.g. avoid excess water runoff to sidewalks and walkways)
• Fix indoor and outdoor leaks as soon as possible.
• Monitor water usage via IWA’s customer engagement tool. • Visit the Indio Water Authority website to learn about current rebates and conservation tips.

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 162 of 362 15 Conserve Water Resources Accomplishments
• Prepared and adopted the 2020 Coachella Valley Regional Urban Water Management Plan, which describes the anticipated water supplies and demands for the next 25 years.
• Prepared and adopted the Water Shortage Contingency Plan, which outlines how the City of Indio will respond in the event of a water shortage. • Amended the Indio Municipal Code sections regarding water conservation to align with the 2020 Coachella Valley Regional Urban Water Management Plan for enforceability.
• Regular communications and outreach to promote water conservation and rebate programs via various media e.g. City newsletter, social media, and bill insert/messaging.
• Completed a water infrastructure master plan and corresponding long range financial plan to prioritize capital improvement projects and ensure affordability.

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 163 of 362 16 Goal 5: Sustainable Environment, Land Use and Transportation Objectives:

Increase safe bike lanes and other aspects of complete streets (GPU) Build a cultural connection to the importance of caring for land/environment (similar to water) through outreach and art.

Mandates:

Executive Order N-79-20 directs state to require that, by 2035, all new cars and passenger trucks sold in California be zero emission vehicles.

Possible Projects
• Complete Amtrak Station
• Create a Sustainability Calendar
• New Hire Packet for city employees with Sustainability Information and Contact for Innovative Ideas or Suggestions.
• Create a Map of Bike and Electric Vehicle Lanes
• Develop a Health Resources Inventory (GPU)
• Urban Agriculture (GPU)
• Host a Hike on the Indio Trail for National Trails Day • Consider Light Pollution Policy Recommendation
• Create a Neighborhood Clean-up Program

What residents can do:

Become active with the city of Indio
Sustainability Commission

Consider using active transportation for your next
trip to the store or to see a friend.

Join a neighborhood clean-up event

Plant trees and that plants support pollinator species
New Hire Packet for city employees

Annual Work Plan
2022
Increase bike lanes per
Complete Streets Master
Plan

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 164 of 362 17 Sustainable Environment, Land Use and Transportation Accomplishments • Complete Streets and Drainage Master Plan
• Traffic light Synchronization Projects
• Safe Routes to Schools Master Plan
• General Plan 2040
• Transformative Climate Communities Planning Grant
• Added 14 center line miles of bike lanes in the last three years

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 165 of 362 18 Sustainability Calendar 2022

January 5 National Bird Day
February 27 Indio Trails Day
March

22 World Water Day

April

22 Earth Day

May

20 Bike to Work Day

June

8 World Oceans Day

July 15 Indio Zero Waste Day Challenge
August

20 National Honey Bee Day

September

21 Zero Emissions Day

October

5 Energy Efficiency Day

November

TBD

Indio Arbor Day

December TBD Indio Recycles Day

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 166 of 362 19 Table 2022 Work Plan

Project Goals
Complete Sustainability Plan and Annual Work Plan for Recommendation All Learn about digesters and other renewable energy options Clean Energy Consider Policy Recommendation to Increase installations of EV Charging Stations in the City
Low Greenhouse Gas
Environment
Provide Indoor Recycling and Organics Containers to Businesses Zero Waste Develop Outreach Plan All
Hold Sustainability Collection Events Zero Waste
Consider Circular Economy – Identify Current Repair and Reuse Infrastructure in the City Zero Waste
Increase Bike Lanes per Complete Streets Master Plan Sustainable Environment, Land Use and Transportation
Consider a permanent household hazardous waste facility in Indio Zero Waste

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann...Page 167 of 362 20 References

Hopkins, Francesca. (University of California, Riverside). 2018. Inland Deserts Summary Report.

California’s Fourth Climate Change Assessment. Publication number: SUM- CCCA4-2018-008.

Retrieved from Inland Deserts Region Report (ca.gov)
South Coast AQMD. (2020). Coachella Valley Extreme Area Plan for the 1997 8- hour Ozone Standard Fact Sheet. Retrieved from South Coast Air quality Management District:
http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/2022-air- quality-management-plan/coachella-valley-ozone-plan-fact-sheet-091420.pdf?sfvrsn=21

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Project Status:

Learn about Digesters and other
Renewable Energy Options

Summary

The Commissioners agreed to learn more about and explore renewable energy options.

GOAL - STATUS
Clean Energy - In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Speakers and presentations at the
Commission meetings
On going

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

CONCLUSIONS/RECOMMENDATIONS
Last presentation was from Margaret Laub, Project Development Manager with Anaergia (2021).

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 169 of 362 Project Status:

Consider Policy Recommendation
to Increase EV Charging Stations in
the City

SUMMARY
Consider Policy Recommendation to Increase EV Charging Stations in the City.

STATUS
Low Greenhouse Gas Environment - In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Identify Potential Locations
Identify Current Incentives and Consider
Additional Incentives
In progress
Outline and Record Evaluations to Determine
what policy or Incentives to Consider
In progress 4/26/2022 Sara to Send out outline for
discussion at 4/26/2022
meeting. – Delayed to May

BUDGET

CATEGORY SPENT NOTES
$60,000 The Commission is working to leverage these funds with other air quality funding such as MSRC and SCAQMD

CONCLUSIONS/RECOMMENDATIONS

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City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 170 of 362 Project Status:

Indoor Recycling and
Organics Containers

SUMMARY
The city provides indoor recycle and organics bins for businesses to support businesses working to comply with new waste diversion laws.

GOAL/STATUS
Zero Waste / On going

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Outreach and bin delivery On-going The City consultant, D & B Visions, is working to do outreach to businesses to
inform them of the new laws and offers
and delivers these bins upon request.

BUDGET

AMOUNT SPENT NOTES
$15,000 $5000

CONCLUSIONS/RECOMMENDATIONS

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City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 171 of 362

Project Status:

Develop an Outreach Plan

SUMMARY

Outreach is important to the Sustainability Commission and to city sustainability efforts. The Commission has identified outreach as a critical component to sustainability. A Plan would provide organization and goals that would support outreach implementation.

GOAL - STATUS
All - Not Started

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Draft an Outreach Plan Not Started This project will not start until after the draft Sustainability Plan
and 2022 Work Plan is
approved by City Council

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

CONCLUSIONS/RECOMMENDATIONS

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Project Status:

Hold Sustainability
Collection Events

SUMMARY
These events collect used oil and used oil filters, electronic waste and waste tires. Paper shredding and compost exchange are also provided.

GOAL - STATUS
Zero Waste - In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Set Calendar Year Event Dates Complete March 19, May 21 and September 24 Confirm venders Complete
Outreach Events March 19, May 21 Complete
Staff events, set up, tear down,
record keeping
March 19, Complete
BUDGET
CATEGORY SPENT % OF TOTAL NOTES
Grant OPP
AB 939

CONCLUSIONS/RECOMMENDATIONS
Compost Exchange will stop or change once SB1383 comes into full effect. It will most likely become a compost give away.

The Commission may consider ways to include more outreach into these events.

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Project Status:

Explore Circular Economy
Initiatives

SUMMARY
Consider circular economy initiatives or programs.

GOAL - STATUS
Zero Waste – Next Steps Pending

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Identify circular economy
infrastructure in the city
Complete Staff compiled a list of Donation, Recycling
and Electronic repair shops in the city in
May 2021.

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

CONCLUSIONS/RECOMMENDATIONS
2021 the Commission considered starting a computer repair and giveaway program for students/youth.

Desert Arc showed interest in partnering with the program, however long term funding has not been identified.

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Project Status:

Increase Bike Lanes per the
Complete Streets Master Plan

SUMMARY
Consider circular economy initiatives or programs.

GOAL - STATUS
Sustainable Environment, Land Use and Transportation - Complete

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Increase Bike lanes throughout the
City.

Complete

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

CONCLUSIONS/RECOMMENDATIONS
At the March 28, 2022 Commission meeting Terry Cechin, Street Maintenance Supervisor, presented to the Commissioners. Mr. Cechin showed a map of established bike lanes and proposed bike lanes.

Approximately 14 center line miles of bike lanes have been added over the last 3 years. He explained that the bike lanes are added as streets need grind and overlay.

AGENDA ITEM #9.7
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Project Status:

Permanent Household
Hazardous Waste Facility

SUMMARY
Work toward providing a permanent HHW facility in Indio.

GOAL - STATUS
Zero Waste – In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Connect with Riverside County
because they would ultimately run
the facility
In
progress
Lisa Thompson, Environmental Compliance
Manager with Riverside County Department
of Waste Resources will speak at the May
23rd Commission meeting

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

CONCLUSIONS/RECOMMENDATIONS

AGENDA ITEM #9.7
City of Indio Sustainability Commission Sustainability Plan and 2022 Ann... Page 176 of 362 City of Indio
City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG) at a cost estimated at $900,000 for the Preliminary Design and Environmental Studies phase for the Avenue 50 widening from Jefferson Street to Jackson Street Project, Project No. ST2004

RECOMMENDATION:

Approve the Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG) at a cost estimated at $900,000 for the Preliminary Design and Environmental Studies phase for the Avenue 50 widening from Jefferson Street to Jackson Street Project, Project No. ST2004.

SUMMARY:

The Avenue 50 widening from Jefferson Street to Jackson Street Project proposes to improve Avenue 50 to the ultimate condition, with two lanes in each direction. An Agency Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) includes the preliminary design and environmental phase for Avenue 50 widening from Jefferson Street to Jackson Street.

BACKGROUND INFORMATION:

On December 10, 2021, staff requested funding from Measure A and the Transportation Uniform Mitigation (TU Fee and design preliminary the of 75% CVAG to from Programs MF) cover environmental costs to improve the Avenue 50 corridor from Jefferson Street approximately 300 -ft west of Botella Place, into a four -lane boulevard. Currently, the corridor consists of one or two lanes in each direction with a painted median. Staff proposes to improve this corridor to the ultimate condition with two lanes in each direction with sidewalks and bike lanes on each side.

In its existing condition, Avenue 50 from Jefferson Street to Jackson Street has drainage issues due to the lack of drainage infrastructure that must be addressed with this project. In addition, the Avenue 50 corridor is also part of the CV Link plan and will serve as a Community Connector through the Polo Grounds from Madison Street through the project limits. Due to drainage, potential Right -of-Way complexities, and CV Link design guideline criteria, staff is requesting funds to secure a consultant to design the improvements.

FINANCIAL SUMMARY:

AGENDA ITEM #9.8
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 177 of 362 Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$900,000 Strategic Objective:

Source of funds: Transportation Funds, Measure
A and Storm Drain Funds Fund-Org-Object
Reference:

Funds 300, 212 and 311

Additional Financial Details:

The total project cost for the preliminary design and environmental studies phase of the Avenue 50 Widening project is estimated at $900,000. In accordance with the Agency Reimbursement Agreement, CVAG will reimburse the City for 75% of the total design cost up to $675,000. The City’s 25% share is expected to total approximately $225,000. The City’s share is currently budgeted in the Capital Improvement Program using Transportation funds (Fund 300), Measure A (Fund 212) and Storm Drain Funds (Fund 311). No General Fund money is being requested at this time.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Draft Agreement - CVAG - Avenue 50 Widening from Jefferson St. to Jackson St_

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

AGENDA ITEM #9.8
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VICINITY MAP

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VICINITY MAP

1

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AGENCY REIMBURSEMENT

AGREEMENT WITH CVAG

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AGENDA ITEM #9.8
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 188 of 362 CONTRACT NO. CVAG-22-001
hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element.

31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California.

32.Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority.

33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date:

ATTEST: CITY OF INDIO
By:------------
Waymond Ferman, Mayor
ATTEST:

By:--------------
Tom Kirk, Executive Director

By: ___________________________
Bryan Montgomery, City Manager

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City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon West, and NAI Consulting, for consulting services to begin the final design of the Indio Sports Park (Project No. PK -SPORTS) in an amount not to exceed $534,493

RECOMMENDATION:

Approve the Task Orders for Hermann Design Group, Albert A. Webb Associates, Geocon West, and NAI Consulting, to begin the final design of the Indio Sports Park (Project No. PK -SPORTS) in an amount not to exceed of $534,493.

SUMMARY:

On December 8, 2021, the City of Indio received notification that the City was selected for funding through the Proposition 68 Statewide Park Development and Community Revitalization Program. The Grant Contract has been executed, and Staff requested projec t specific proposals from Hermann Design Group, Albert A. Webb Associates, Geocon West, and NAI Consulting to complete the final design of the park improvements. These firms were selected from the City’s On -Call Consulting list.

Specific authorization for these task orders is requested to expend the funding and for grant compliance.

BACKGROUND INFORMATION:

On October 7, 2020, the City Council approved Resolution No. 10179, approving the application for Statewide Park Development and Community Revitalization Program Grant Funds. The City received notification on December 8, 2021, that the City’s application was approved for funding.

The scope of the project includes constructing Phase 1 of the proposed park improvements. These improvements include, improving approximately 39 City owned acres of land along Market Street west of Jackson Street. The park will include shade structures and trees, open field space for organized sports, walking paths, restroom concession building, public art, parking lots, wal king path lights, and lights for one baseball field. The Site Plan included with the grant application is included in Attachment A. In accordance with the Grant Agreement, the improvements must be completed by June 30, 2025.

Preliminary design and environmental clearance was performed during the grant application process.

The final California Environmental Quality Act document was filed and posted at the County on March 3, 2021, and no comments were received.

AGENDA ITEM #9.9
Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon... Page 192 of 362 In order to complete the final design of these improvements, staff has reached out to the City’s On - Call Consulting List of prequalified consultants for Landscape Architecture, Civil Engineering, Geotechnical Engineering, and Grant Administration. The following list of consultants provided scope of work and related fees to complete the final design:

1. Hermann Design Group: Landscape Architect

2. Albert A. Webb Associates: Civil Engineering

3. Geocon West: Geotechnical Engineering

4. NAI Consulting: Grant Administration

The companies listed above were found to be qualified for their respective scope of services to be provided for the Indio Sports Park, and all currently have active on -call agreements with the City to perform these services.

Staff has reviewed the consul tant scopes and fees and find them to be fair and reasonable for the services requested. Staff is requesting approval of these project specific task orders in order to authorize the expenses and maintain grant funding eligibility.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$534,493 Strategic Objective:

Source of funds: Prop 68 Statewide Parks
Program Grant-Round 4 Fund-Org-Object
Reference:

Fund 300

Additional Financial Details:

The table below summarizes the total cost for each consultant’s scope of work. The total cost for the final design is expected to be $534,493.

Consultant Scope Fee
Hermann Design Group Landscape Architect $225,050
Albert A. Webb Associates Civil Engineering $233,848
Geocon West Geotechnical Engineer $ 25,595
NAI Consulting Project Management $ 50,000
Total $534,493
The Grant Agreement includes a total cost not to exceed $784,000 for preconstruction services . As such, 100% of these costs will be covered under the grant agreement.

ATTACHMENTS:

Attachment 1 - Site Plan_Indio Sports Park
Attachment 2 - Task Order - Hermann Design Group- Indio Sports Park Attachment 3 - Task Order- Albert Webb- Indio Sports Park Attachment 4- Task Order- GeoCon West - Indio Sports Park Attachment 5 - Task Order- NAI Consulting - Indio Sports Park

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APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

AGENDA ITEM #9.9
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SITE PLAN

AGENDA ITEM #9.9
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CA Department of Parks & Recreation
Statewide Park Development & Community Revitalization Program The proposed
project will
transform
vacant land to a
new Sports Park
that will provide
much needed
sports fields and
park amenities
for the
community.

Art
Phase 2
Future Park
Development
Phase 1
Proposed Project
Community Requested Amenities
• Shade Structures and Trees
• Open Field Space for Organized Sports
• Walking Paths
• Restroom Concession Building
• Public Art
Supporting Amenities
• Parking Lots
• Walking Path Lights
• Lights for One Baseball Field

AGENDA ITEM #9.9
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HERMAN DESIGN GROUP PROPOSAL

AGENDA ITEM #9.9
Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon... Page 197 of 362 1 TASK ORDER PURSUANT TO THE AGREEMENT BETWEEN THE

CITY OF INDIO AND HERMANN DESIGN GROUP
This Task Order ("Task Order") is entered into on this 18th day of May, 2022 between the City of Indio, a California municipal corporation ("City"), and Hermann Design Group ("Consultant").

RECITALS
A. Consultant is currently under contract to provide the City with on-call professional services pursuant to a Professional Services Agreement entered into by the parties dated July 1, 2019 (“Agreement”).

B. The scope of services provides that the Consultant shall provide the City with services on an as -needed basis and if requested by the City, as set forth in a more detailed scope of services.

C. The City desires certain services related to the Indio Spor ts Park and Consultant is qualified to provide those services pursuant to the terms of this Task Order and the terms of the Agreement.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. Consultant shall p erform the services set forth in Consultant’s proposal dated April 21, 2022 (“Proposal”) which is attached as Attachment A to this Task Order (“Scope of Work”) in a manner satisfactory to City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Consultant agrees that its performance of the services under this Task Order shall be subject to and performed pursuant to the terms of the Agreement , which are incorporated herein as if set forth in full.

Section 2. The compensation for the Scope of Work shall not exceed $ 225,050 as set forth in Consultant’s Proposal and such compensation is subject to the “Additional Terms” set forth in Exhibit B of the Agreement.

Section 3. In the event of any inconsis tency between the terms of the P roposal and the Agreement, the terms of the Agreement shall govern.

In witness whereof the parties have executed this Task Order on the date set forth above.

CITY OF INDIO
A Municipal Corporation
_____________________________
BRYAN H. MONTGOMERY
City Manager

AGENDA ITEM #9.9
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________________________

CYNTHIA HERNANDEZ
City Clerk

APPROVED AS TO FORM:

________________________
ROXANNE M. DIAZ
City Attorney

HERMANN DESIGN GROUP

______________________________
Name:

Title:

AGENDA ITEM #9.9
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PROPOSAL, COMPENSATION AND SCOPE OF WORK

AGENDA ITEM #9.9
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77899 Wolf Road • Suite 102
Palm Desert, CA 92211
(760) 777-9131 Phone • (760) 777-9132 Fax

April 21, 2022

Via Email
Mr. Tim Wassil, P.E.

Director of Public Works

CITY OF INDIO
100 Civic Center Mall
Indio, CA 92201
Email: [email protected]
RE: Request for Proposal – Indio Sports Park – Phase 1 Final Design Dear Tim:

Hermann Design Group is pleased to have an opportunity to finalize the design and prepare drawings for the first phase of Indio Sports Park.

We have received some feedback on the master planning work that we presented to the City and will refine the design for final approval. Our project team includes the following consultants:

McAuliffe & Company Architects - Michael McAuliffe
Structural Engineering – Greg Cook
RTM Engineering – Electrical Engineering – Victor Leon
We have also included proposals for geotechnical and civil engineering/environmental services for City review. Once the City selects the firm, we can add them to our contract or the City can contract with the firms directly.

We are thrilled to have the opportunity continue to work with you and your team.

We can begin work immediately upon award of the contract and look forward to the opportunity to provide our services to the City of Indio. Please do not hesitate to call me if there are any questions or concerns regarding this proposal. I can be reached at 760-777-9131, Extension 101 or on my cell phone at 760-774-5070.

Sincerely,

HERMANN DESIGN GROUP

Chris

E. Chris Hermann, PLA/ASLA
President

ECH/kmh
Enclosures

AGENDA ITEM #9.9
Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon... Page 201 of 362 City of Indio – Indio Sports Park – Phase 1 Final Design Landscape Architecture Service Proposal

April 21, 2022 Hermann Design Group, Inc.

SCOPE OF WORK
The following scope of services covers the design of all project components illustrated in the approved Phase 1 master plan and within the $8.5 million budget including the following:
• Baseball, soccer, and football fields.
• Parking, w alkways, l ighting, site furnishings, prefabricated concession, and restroom building.
• P lanting, irrigation, and fencing.

I. DESIGN DEVELOPMENT SERVICES
This phase of work will include drawings and other documents including plans, sections, elevations, and typical construction details to describe design intent and material selections as appropriate.

Base Sheets – Hermann Design Group will develop base sheets from the civil engineer’s survey.

Architectural Consulting – McAuliffe & Company will assist in concept development and consulting support to Hermann Design Group in the refinement of the master plan design.

Services include:

A. Providing ADA accessibility review and detailing recommendations for incorporation into the design and construction documents.

B. Providing construction document coordination review for architecture and ADA accessibility related portions of the park.

Site Construction Layout and Construction Details – This plan prepared by HDG will illustrate the location of the sports fields, walkways, fencing, restroom building, and other site hardscape construction. CADD files will be created and transmitted to the civil engineer for preliminary grading studies. Preliminary construction details will be provided for the paving, walls, fencing, shade structures, and site furnishings.

Prefabricated Restroom/Conc ession Building – We will provide floorplans, elevations, and renderings from The Restroom Building Company for City review and approval. Colors, finishes, and design options will be presented prior to final drawing preparation.

Grading Coordination – HDG
will meet with the City’s civil engineer and coordinate grading and drainage design to meet the intended design.

Materials Board - P hoto images and samples of proposed materials will be prepared by HDG for the landscape design development components of the project including paving, cobble, rock, and site furnishings.

Planting Plan - Thi
s plan will locate all plant material and include a plant legend with Latin and common names for all plant material.

Opinion of Probable Construction Cost - H DG will prepare an opinion of probable construction cost of the preliminary plan for use by the City encompassing all cost projections provided by subconsultants.

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II. FINAL DESIGN SERVICES
The project team as it pertains to this scope of services will prepare the following working drawings:

Demolition Plan – This plan will illustrate the existing site elements to be removed, trees to relocate, turf removal, and existing plant material to remain.

Construction Plan and Details – Thi s plan will illustrate all walls, rock, decomposed granite, and cobble in plan view with dimensions, details, and selections of materials.

Structural Engineering - W e will provide structural engineering calculations and details for site amenities and light poles as required for permitting purposes.

Planting Plan and Details - Thi s plan will illustrate the location of all new plant material. A plant legend will describe the Latin and common names, sizes and remarks for each plant shown on the plan. Details will be provided as required.

Irrigation Plan and Details – Thi s plan will illustrate the location of all new irrigation components and pump to be installed. Details will be provided as required. Irrigation water budget calculations are included. IWA submittal and approval are included as are plan check comments relative to gaining approval.

Electrical Engineering – RT M will provide electrical engineering and lighting design services for the project as outlined below:

A. Provide landscape lighting design for all landscape areas.

B. Provide new electrical service(s) and circuiting for all lighting and ancillary power needs.

C. Provide Exterior Lighting Title 24 Compliance Report for all general lighting.

D. Provide a complete set of electrical construction documents that includes:
o Electrical Site Plan
o Service and feeder to prefab restroom
o Branch circuiting for stage power
o Branch circuiting and controls for all lighting
o Panel board and schedules
E. Review all building department comments as required to obtain approval.

F. The construction documents shall include all general and specific notes and specifications.

G. Opinion of probable construction cost.

Grading Design Coordination – We will coordinate grading design with the City’s civil engineer. This proposal assumes the City will hire the civil engineer under separate contract.

Construction Specifications and Bid Documents – D etailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, and technical specifications for the items covered under this scope of work will be provided.

Opinion of Probable Construction Cost - W
e will prepare a final opinion of probable
construction cost for use in bidding documents and determination of alternate bid item(s), if necessary, for the items covered under this scope of work.

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I II. AGENCY APPROVAL
We will submit to the City all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included:
1 st Review – Design Development Review
2 nd Review – 65% Check Plans and Specifications
3 rd Review – 100% Check Plans, Specifications
4 th Review – Preliminary Final (screen check)

We will make revisions as required by the City and resubmit plans for approval. Final plans will be submitted to IWA and Riverside County Agricultural Commission for approval.

Deliverables:

All approved plans will be provided to the City in the requested AutoCAD version or via PDF, as well as on “D” size mylar, if requested (the cost of mylar production will be considered a reimbursable cost). Specification documents, including technical specifications, will be provided in Microsoft Word for Windows format. The opinion of probable construction cost will be provided in Excel for Windows format.

I V. BIDDING PHASE
Pre- Bid Meeting – We will attend the pre-bid conference and answer questions.

Bid Solicitation – We will provide bid assistance to include answering questions from prospective bidders.

V. CONSTRUCTION PHASE SERVICES
Construction Observation Services – We will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the work completed, and to determine, in general, if the work observed is being performed in accordance with the contract documents . We will not be required to make exhaustive or continuous on-site observations. We will keep the City reasonably informed about the progress and quality of the work completed and report to the City known deviations from contract documents, the current edition of the construction schedule and defects and deficiencies observed in the work.

We will provide construction observation services upon request by the City. The following construction observations are recommended:

A. Fine Grading
B. Construction Layout
C. Lighting Locations
D. Review of Plant Material Locations Prior to Installation E. Review of Irrigation Mainline Test
F. Review of Emitter Placement
G. Review Final Installation and Irrigation Coverage
H. Lighting Review
I. Final Punch List

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Process Submittals - We will review and approve or take other appropriate action upon the Contractor’s submittals including shop drawings, product data and samples only for conformance with the contract documents.

Respond to Questions – W e will r eview and respond to Requests for Information (RFI) about the contract documents submitted in the specified written form. Responses to such requests shall be in writing. As appropriate, responses shall be accompanied by supplemental drawings and/or specifications in response to Requests for Information.

Project Closeout - When the work is found to be substantially complete, we will prepare a punch list identifying work yet to be completed, work that is not in conformance with contract documents or needs to be corrected, repaired or replaced. The punch list will be issued to the contractor and to the City.

VI. MEETINGS/PROJECT ADMINISTRATION
Meetings – Our team will a ttend City meetings, agency review meetings, and related project presentations as required. We will atten d and/or conduct development team meetings and conference calls as necessary to perform the scope of work. Five (5) meetings are anticipated with staff during the project. Coordination with the City and project management, are included within this scope of work.

A. Staff Review of Design Development Plans
B. Staff Review of 65% Working Drawings
C. Staff Review of 85% Working Drawings
D. Staff Review of 100% Working Drawings/Specifications E. City Council Approval of plans and final construction cost estimate Project Administration: Perform general project management services as necessary to support to the work of this project.

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FEES AND CHARGES
Our fees will be billed on a lump sum, percentage complete basis unless otherwise indicated. All reimbursable expenses will be billed as incurred.

I. DESIGN DEVELOPMENT SERVICES
Architect $ 5,000.00
Electrical Engineer $ 9,250.00
Landscape Architect $ 20,500.00
Subtotal $ 34,750.00

II. FINAL DESIGN SERVICES
Architect $ 5,600.00
Electrical Engineer $ 19,500.00
Landscape Architect $105,000.00
Structural Engineer $ 8,000.00
Subtotal $138,100.00

I II. AGENCY APPROVAL
Architect $ 1,000.00
Electrical Engineer $ 1,500.00
Landscape Architect $ 4,500.00
Subtotal $ 7,000.00

I V. BIDDING (HOURLY ALLOWANCE)
Architect $ 500.00
Electrical Engineer $ 500.00
Landscape Architect $ 2,500.00
Subtotal $ 3,500.00

V. CONSTRUCTION SERVICES (HOURLY ALLOWANCE)
Architect $ 2,750.00
Electrical Engineer $ 2,750.00
Landscape Architect $ 20,250.00
S ubtotal $ 25,750.00

VI. MEETINGS/PROJECT ADMINISTRATION (HOURLY ALLOWANCE)
Architect $ 750.00
Electrical Engineer $ 1,200.00
Landscape Architect $ 12,500.00
S ubtotal $ 14,450.00

REIMBURSABLES (BILLED AS INCURRED) $ 1,500.00

TOTAL FEE $225,050.00

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REIMBURSABLES
Reimbursable items, such as the cost of reprographic services, soil samples, plan check fees, and auto travel outside the Coachella Valley will be charged at our cost plus 15%. These are billed as incurred and an allowance for said services is listed above.

CITY RESPONSIBILITY
• Complete information concerning existing utilities
• Civil Engineering
• Environmental Services
• Geotech Services

All provisions of Attachment - 1 and Attachment -2 are an integral part of this proposal as if herein written in full. This agreement represents the entire and integrated agreement between the Client and the Landscape Architect and supersedes all prior negotiations, representations or agreements, either written or oral.

This proposal shall be deemed to expire within 45 days of proposal date if not fully executed.

APPROVED:

CITY OF INDIO (“Client”)

BY: ________________________________________________ DATE: _______________ Printed Name and Title:

HERMANN DESIGN GROUP, INC. (“Landscape Architect”)

BY: _________________________________________________ DATE: _______________ E. Chris Hermann, ASLA
CLARB Certified Landscape Architect
President

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ATTACHMENT -1

HERMANN DESIGN GROUP

NORMAL HOURLY RATES
Principal Landscape Architect/Principal Planner $ 175.00 per hour Project Manager 130.00 per hour
Irrigation Designer 125.00 per hour
Associate/Senior Designer 105.00 per hour
Specification Writer 95.00 per hour
Designer 90.00 per hour
Professional Staff 75.00 per hour

RTM ENGINEERING

NORMAL HOURLY RATES
Principal $ 265.00 per hour
Associate 175.00 per hour
Senior Design Engineer 160.00 per hour
Design Engineer 105.00 per hour
CAD Technician 95.00 per hour
Clerical 70.00 per hour
McAULIFFE & COMPANY

HOURLY RATES
Principal $ 195.00 per hour
Project Manager/Designer 125.00 per hour
Architectural Associate 105.00 per hour
Clerical 70.00 per hour

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ATTACHMENT -2

ADDITIONAL SERVICES
Additional services shall be performed only when requested or approved by the Client.

Compensation for such services shall be in accordance with our Normal Hourly Rates and Reimbursable items, per Attachment -1. Additional services may include, but are not limited to:

1. Revisions or modifications to documents, drawings, or specifications when such revisions or modifications are inconsistent with approvals or instructions previously given or are required by the enactment or revision of codes or laws by gover nmental agencies having jurisdiction over the project subsequent to the preparation of such documents, drawings, or specifications.

2. Work requested by that is not heretofore mentioned.

3. As built drawings.

4. Value engineering after issuance of construction documents.

5. LEED design documentation and commissioning services.

CLIENT RESPONSIBILITY

1. Topo and boundary survey with appropriate callouts for street infrastructure and other site elements (CAD).

2. Complete information concerning available services and utilities.

3. The cost of civil engineering, environmental services, geotechnical engineering.

4. Water feature construction drawings, including (but not limited to) plumbing and electrical specifications.

The landscape architect will be entitled to rely on the adequacy and accuracy of the information provided by Client or Client’s consultants and representatives.

OWNERSHIP OF DOCUMENTS
Hermann Design Group grants its Client a nonexclusive license to use landscape architectural documents as described in this agr eement provided the Client performs in accordance with the terms of this agreement. No other license is implied or granted under this agreement. All instruments of professional service prepared by the landscape architect, including but not limited to: drawings, specifications and all digital files, are the property of the landscape architect. These documents shall not be reused on other projects without the landscape architect’s written permission. Hermann Design Group retains all rights, including copyrights, in its documents.

INDEMNIFICATION
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Landscape Architect, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Client’s negligent acts in connection with the Project and the acts of its contractors, subcontractors or other consultants or anyone for whom Client is legally liable. The Landscape Architect agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Landscape Architect’s negligent performance of landscape architecture services under this Agreement and that of its subconsultants or anyone for whom the Landscape Architect is legally liable. Neither the Client nor the Landscape Architect shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of others.

AGENDA ITEM #9.9
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April 21, 2022 Hermann Design Group, Inc.

CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of this agreement, and to the fullest extent permitted by law, neither the Client nor the Landscape Architect, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages that either party may have incurred from any cause of action including negligence, strict liability, and breach of contract. Both the Client and the Landscape Architect shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.

THIRD-PARTY BENEFICIARIES
Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Landscape Architect. The Landscape Architect’s services under this agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against the Landscape Architect because of this agreement or the performance or nonperformance of services hereunder. The Client and the Landscape Architect agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision.

LIMITATION OF LIABILITY
The Client agrees to limit the landscape architect's liability to the Client and to all construction contractors and subcontractors on the project due to the landscape architect's negligent acts, errors or omission, such that the total aggregate liability of the landscape architect shall not exceed the amount of the landscape architect's contractual fee. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

OPINIONS OF PROBABLE CONSTRUCTION COSTS
The landscape architect has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions.

Our opinions of probable construction costs provided for herein are to be made on the basis of our firm's experience and qualifications. These opinions represent our best judgment due to our familiarity with the construction industry. However, we cannot and do not guarantee that proposals, bids, or the construction cost will not vary from opinions of probable cost prepared by us. If the Client wishes greater assurance as to the construction cost, he shall employ an independent cost estimator.

PROJECT RESTART FEE
Because of substantial costs incurred by the landscape architect to stop and restart a project once it is underway, should this project's progress be halted at any time for 30 or more days by the Client, for any reason other than agency approval process delay, a project restart fee of $500.00 or 10% of the total fee earned to date, whichever is greater, will be due and payable immediately.

TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven (7) days written notice via registered mail, should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others, the landscape architect shall be paid his compensation for expenses then due. If a dispute arises under this contract and litigation is instituted, the prevailing party shall be entitled to recover its reasonable attorney fees.

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April 21, 2022 Hermann Design Group, Inc.

DISPUTE RESOLUTION
Client and landscape architect agree to mediate disputes arising out of or relating to this agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to both parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such a claim or dispute would be barred by applicable law. Mediation fees shall be shared equally.

NOTICE
Landscape architects are regulated by The State of California. Any questions concerning a landscape architect may be referred to The Landscape Architects Technical Committee, 2420 Del Paso Road, Suite 105, Sacramento, CA 95834 (916) 575-7230.

All provisions of the terms and conditions attached are an integral part of this proposal as if herein written in full. This agreement represents the entire and integrated agreement between the Client and the Landscape Architect and supersedes all prior negotiations, representations, or agreements, either written or oral.

AGENDA ITEM #9.9
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ALBERT A. WEBB PROPOSAL

AGENDA ITEM #9.9
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CITY OF INDIO AND ALBERT A. WEBB ASSOCIATES
This Task Order ("Task Order") is entered into on this 18th day of May, 2022 between the City of Indio, a California municipal corporation ("City"), and Albert A. Webb Associates ("Consultant").

RECITALS
A. Consultant is currently under contract to provide the City with on-call professional services pursuant to a Professional Services Agreement entered into by the parties dated July 1, 2019 (“Agreement”).

B. The scope of services provides that the Consultant shall provide the City with services on an as -needed basis and if requested by the City, as set forth in a more detailed scope of services.

C. The City desires certain services re lated to the Indio Sports Park and Consultant is qualified to provide those services pursuant to the terms of this Task Order and the terms of the Agreement.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. Consultant shall p erform the services set forth in Consultant’s proposal dated May 2, 2022 (“Proposal”) which is attached as Attachment A to this Task Order (“Scope of Work”) in a manner satisfactory to City and consistent with that level of care and skil l ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Consultant agrees that its performance of the services under this Task Order shall be subject to and performed pursuant to the terms of the Agreement, which are incorporated herein as if set forth in full.

Section 2. The compensation for the Scope of Work shall not exceed $233,848 as set forth in Consultant’s Proposal and such compensation is subject to the “Additional Terms” set forth in Exhibit B of the Agreement.

Section 3. In the event of any inconsis tency between the terms of the P roposal and the Agreement, the terms of the Agreement shall govern.

In witness whereof the parties have executed this Task Order on the date set forth above.

CITY OF INDIO
A Municipal Corporation
_____________________________
BRYAN H. MONTGOMERY
City Manager

AGENDA ITEM #9.9
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________________________

CYNTHIA HERNANDEZ
City Clerk

APPROVED AS TO FORM:

________________________
ROXANNE M. DIAZ
City Attorney

ALBERT A. WEBB ASSOCIATES

______________________________
Name:

Title:

AGENDA ITEM #9.9
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PROPOSAL, COMPENSATION AND SCOPE OF WORK

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G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineering Proposal.docx

May 2, 2022

Mr. Tim Wassil, PE, PMP, CCM
Public Works Director
City of Indio
100 Civic Center Mall
Indio, CA 92201

RE: Proposal for Engineering Services for the Indio Spo rts Park

Dear Mr. Wassil:

Albert A. WEBB Associates is pleased to provide you with this proposal for Preliminary Engineering Services related to the Indio Sports Pa rk on the north side of Market Street between Avenue 44 and Jackson Street in the City of Indio (APNs 611-125-044, 611- 025-058, -041, -035, -012, and -013. Enclosed you will find our Scope of Work (Exhibit "A") and Compensation for Services (Exhibit "B") fo r your review and consideration.

We appreciate this opportunity to continue service and look forward to hearing from you. If you have any questions regarding this propo sal, don't hesitate to contact me at 951-830-4305.

Sincerely,

Albert A. Webb Associates

Dilesh Sheth, PE, TE
Senior Vice President

Attachments Exhibit "A" – Scope of Work
Exhibit "B" – Compensation for Services

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G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineer ing Proposal.docx EXHIBIT "A" SCOPE OF WORK
WEBB will perform the following Scope of Services f or the Project:

Task 1 – Field Survey, Arial Topo and Base Map

WEBB will perform aerial and field surveys for the design of the Project. WEBB will perform an aerial survey of the vacant land and obtain field topo for the existing utilities located within the vacant l and.

WEBB will perform cross-sections at fifty (50') fee t on the Market Street centerline along with projec t limits. Topography will include, but not be limited to, all features within the existing and proposed right-of-way and width of fifty (50') feet beyond o r further if necessary. The topography will extend the length of the street, a minimum of three hundre d (300'), beyond the existing and proposed improvements and include existing sewer maintenance holes inverts, top of the cone, and rim elevation.

Field survey information will also include ground s urface information, features within and around the Project area, and existing roadway profile and pave ment limits. WEBB will perform detailed surveying work, including the tie-out of all existing survey centerlines and property corner monuments that coul d be disturbed and affected by the proposed work.

The City Indio (City) will provide title reports fo r the projects. WEBB will perform research of exist ing maps. WEBB will prepare the project boundary map sh owing existing easements within the project boundary.

Task 2 – Utility Research and Coordination

WEBB will obtain as-built plans from utility compan ies. WEBB will add existing major utilities to the base map. WEBB will identify major utility relocati ons. All utilities that may impact the Project will be plotted and noted on plans.

• WEBB will coordinate with the Indio Water Authority for water and irrigation meters. • WEBB will coordinate with the Valley Sanitary Distr ict for the sewer connection. • WEBB will coordinate with Spectrun to provide fiber to the park for the future Wifi and Cameras at the park.

Task 3 – Preliminary Studies and Design

3.1 Preliminary Basin Feasibility Analysis and Hydr ology Study The City's Master Drainage Plan proposes the Market Street Detention Basin at the proposed park site. This basin is designed to accept 100-year storm runoffs from a 495-acre watershed in the Sun Gold area and will reduce the 100-year year peak flow from 480 CFS to 23 CFS. The proposed basin can be utilized as a depressed soccer field. WEBB will prepare a feasibility analysis for the proposed basin, which will include the following tasks:
• Review Master Drainage Plan analysis and recommendations;

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G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineer ing Proposal.docx • Estimate the depth and areas of the proposed basin and the feasibility of soccer fields; • Prepare estimated earthwork and cost estimate for the earthwork; • Coordinate with the City of Indio for the proposed approach; If the City decides to move forward with the propo sed basin, WEBB will provide an additional scope an d budget related to the proposed basin.

WEBB will prepare a preliminary hydrology study without the proposed basin.

Deliverables: Basin Feasibility Analysis and Preliminary Hydrolo gy Report

3.2 Preliminary Water Quality Management Plan (WQMP )
WEBB will prepare the preliminary WQMP report. The report will identify post‐construction BMPs for the sports park and off-site improvements in accordance with the NPDES and MS‐4 permit requirements.

WEBB will coordinate with the City regarding BMP's applicable to the proposed facility.

Deliverables: Preliminary Water Quality Management Plan (WQMP)

3.3 Preliminary Grading Plans
WEBB will prepare a calculated preliminary design a nd grading plans for the sports park in digital (AutoCAD) format (30% progress). The preliminary pl ans will be based on the architect's site plan.

WEBB plans on the following features for inclusion in the preliminary design:

• Open space for organized sports, including three ba seball fields – grading and on-site drainage;

• Bleacher seating areas;

• Concessions & restroom facilities – site civil and wet utility;

• Two parking lots, with consideration for future par king lots – grading, drainage, paving design, striping, ADA design;

• Event lawn area and decomposed granite path, with c onsideration for future picnic shelters and performance areas;

• ADA paths of travel;

• Prepare estimated earthwork calculations using Geot echnical Report;

3.4 Preliminary Sewer and Water Plans
WEBB will prepare preliminary Sewer and Water improvements for the sports park. Services will be designed to include points of connection to existing public services along the project perimeter. On-site improvements will be designed to include private service lines w ithin 5' of building points of connection locations as determined by the pre-fabricated building supplier or by the building systems plumbing engineer. The

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G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineer ing Proposal.docx landscape architect will provide irrigation water requirements and the location for the proposed meter. WEBB will show separate irrigation meters on the water and sewer improvement plans.

3.5 Preliminary Off-Site Street and Storm Drain Imp rovement Plans WEBB will prepare Off‐Site Street and Storm Drain Improvement Plans for approximately 1,800' of Market Street along the project frontage. The plans will be prepared at 1" = 40' scale and will identify street design in plan and profile, street section(s), and sleevin g for utilities (as directed by the utility purveyo rs). The existing catch basin is located on the north side of Market Street. We will prepare storm drain improvement plans to adjust the existing catch basin that needs reconstruction to accommodate the proposed street improvements. The plan set will include a title sheet, detail sheet, street plan and profile sheet(s), and storm drain plan and profile sheet(s).

3.6 Preliminary Specifications and Cost Estimate
WEBB will prepare preliminary specifications, const ruction quantity breakdown and cost estimate for the proposed sports park. The unit costs shall be b ased on the most current cost information from recent similar projects in the area compiled by WEB B and approved by the City .

Task 4 – Final Design

4.1 Final Hydrology Report
The final on‐site hydrology report will be prepared using agency design criteria to determine any on‐s ite retention requirements and storm drain sizing for t he on‐site developed flows. The final on‐site hydro logy report will be based on the preliminary on‐site hydrology analysis and will determine sizing or modification of any on‐site storm drain facilities.

Only minor drainage improvements are anticipated fo r this Project. For purposes of this proposal, the Consultant has assumed no off‐site drainage analysis or floodplain mapping (CLOMR/LOMR) is required. If this becomes necessary, a separate Off‐site Hydrology Report will be required, and a contract amendment prepared for this additional work.

Deliverables: Final Hydrology Report

4.2 Final Water Quality Management Plan (WQMP)
Final WQMP based on the preliminary WQMP and final conditions of approval. The report will identify post‐ construction BMPs for the sports park and off-site improvements in accordance with the NPDES and MS‐ 4 permit requirements. WEBB will coordinate with th e City regarding BMP's applicable to the proposed facility. Prior to approval by the agency, the City must sign the WQMP. The City will be responsible for the implementation and post‐construction maintenance of the site BMP's for the life of the Project.

Deliverables: Final Water Quality Management Plan (WQMP)

AGENDA ITEM #9.9
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PROPOSAL FOR ENGINEERING SERVICES FOR THE INDIO SPORTS PARK

G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineering Proposal.docx 4 .3 Grading Plans
WEBB will prepare the final grading plans for bidding and construction of the sports park. The grading plans will show finish floor elevations. Plans will be an extension of the Preliminary Design, with progress submittals at the 90% and 100% stage, providing additional details of construction and addressing constructability and value engineering comments provided by the City during the design development stage of the Project. Prepare final estimated earthwork calculations using Geotechnical Report.

Deliverables: Grading Plans
4 .4 Sewer and Water Plans
WEBB will provide sewer and water improvements for t he sports park features. Plans will be an extension of the Preliminary Design, with progress submittals at the 90% and 100% stage, providing additional details of construction and addressing constructability and value engineering comments provided by the City during the design development stage of the Project.

Deliverables: Sewer and Water Improvement Plans
4 .5 Off-Site Street and Storm Drain Improvement Plans
WEBB will prepare final off-site street and storm drain improvement plans for Market Street along the project frontage. Plans will be an extension of the Preliminary Design, with progress submittals at the 90% and 100% stage, providing additional details of construction and addressing constructability and value engineering comments provided by the City during the design development stage of the Project.

Deliverables: Street and Storm Drain Improvement Plans
4 .6 Final Specifications and Cost Estimate
WEBB will prepare preliminary specifications, construction quantity breakdowns, and cost estimates for the proposed sports park.

Deliverable: Final Specifications and Engineers Cost Estimate (Word and PDF format) T
ask 5 – Engineering Project Management and Meetings
W
EBB will attend City Meetings, agency review meetings, and related project presentations as required. We will attend the project development team meetings and conference calls as

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G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineer ing Proposal.docx necessary to perform the scope of work. Five (5) me etings are anticipated with staff during the Project. Coordination with the City and project man agement are within this scope of work.

• Staff review of Design Development Plans
• Staff review of 90% working drawings
• Staff review of 100% working drawings/specificatio ns • City Council approval of plans final construction c ost estimate

WEBB will provide Project Management and Project Ad ministration services as necessary to support to work of this Project.

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G:\Proposals\FORMAL PROPOSALS\City of Indio\015191 Indio Sports Park\015191_Indio Sports Park Engineer ing Proposal.docx EXHIBIT "C" COMPENSATION FOR SERVICES

WEBB will complete scope of services on a time and materials, not to exceed basis. The following table provides a summary of the costs for each task .

Task Description Fee

1.1 Field Survey and Arial Topo $ 11,316

1.2 Base Map $ 11,658

1.3 Inland Aerial $ 3,960

2.1 Utility Research $ 4,300

2.2 Utility Coordination $ 14,268

3.1 Preliminary Basin Feasibility Analysis & Hydrology Study $ 28,980

3.2 Preliminary Water Quality Management Plan $ 8, 472

3.3 Preliminary Grading Plan $ 11,112

3.4 Preliminary Sewer & Water Plans $ 5,712

3.5 Preliminary Off-Site Street & Storm Drain Imp $ 6,248

3.6 Preliminary Specifiaction & Cost Estimate $ 6, 448

4.1 Final Hydrology Report $ 15,880

4.2 Final WQMP $ 12,060

4.3 Grading Plans (90% & 100%) $ 28,558

4.4 Sewer and Water Plans (90% and 100%) $ 14,862

4.5 Final Off-site Improvement Plans (90% & 100%) $ 18,288

4.6 Final Specifications & Cost Estimate $ 11,778

5.1 Kick-off meeting and PDT Meetings (5) $ 11,300

5.2 Project Management and Project Administration $ 8,648 TOTAL FEE $ 233,848

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AGENDA ITEM #9.9
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GEOCON WEST PROPOSAL

AGENDA ITEM #9.9
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CITY OF INDIO AND GEOCON WEST, INC.

This Task Order ("Task Order") is entered into on this 18th day of May, 2022 between the City of Indio, a California municipal corporation ("City"), and Geocon West, Inc. ("Consultant").

RECITALS

A. Consultant is currently under contract to provide the City with on-call professional services pursuant to a Professional Services Agreement entered into by the parties dated July 1, 2019 (“Agreement”).

B. The scope of services provides that the Consultant shall provide the City with services on an as -needed basis and if requested by the City, as set forth in a more detailed scope of services.

C. The City desires certain services related to the Indio Sports Park and Consultant is qualified to provide those services pursuant to the terms of this Task Order and the terms of the Agreement.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. Consultant shall p erform the services set forth in Consultant’s proposal dated April 21, 2022 (“Proposal”) which is attached as Attachment A to this Task Order (“Scope of Work”) in a manner satisfactory to City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Consultant agrees that its performance of the services under this Task Order shall be subject to and performed pursuant to the terms of the Agreement , which are incorporated herein as if set forth in full.

Section 2. The compensation for the Scope of Work shall not exceed $ 25,595 as set forth in Consultant’s Proposal and such compensation is subject to the “Additional Terms” set forth in Exhibit B of the Agreement.

Section 3. In the event of any inconsis tency between the terms of the P roposal and the Agreement, the terms of the Agreement shall govern.

In witness whereof the parties have executed this Task Order on the date set forth above.

CITY OF INDIO
A Municipal Corporation

_____________________________
BRYAN H. MONTGOMERY
City Manager

AGENDA ITEM #9.9
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________________________

CYNTHIA HERNANDEZ
City Clerk

APPROVED AS TO FORM:

________________________
ROXANNE M. DIAZ
City Attorney

GEOCON WEST, INC.

______________________________
Name:

Title:

AGENDA ITEM #9.9
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PROPOSAL, COMPENSATION AND SCOPE OF WORK

AGENDA ITEM #9.9
Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon... Page 227 of 362 78-075 Main Street #G -203 ■ La Quinta, California 92253 ■ Telephone 760.625.9081 ■ Fax 951.304.2392 Proposal No. IE-2938
REVISED May 2, 2022

VIA E-MAIL
City of Indio, Public Works
100 Civic Center Mall
Indio, California 92201
Attention: Mr. Juan Raya, PE
Subject: PROPOSAL FOR GEOTECHNICAL INVESTIGATION &

PERCOLATION TESTING

INDIO SPORTS PARK
AVENUE 45 AND MARKET STREET

INDIO, CALIFORNIA
Dear Mr. Raya:

In accordance with the request of Herman Design Group , Geocon West, Inc. (Geocon) is pleased to submit this proposal to perform a geotechnical investigation and percolation testing for the proposed Indio Sports Park, located at the northside of the intersection of Avenue 45 and Market Street, in the City of Indio , California. This proposal has been prepared based on the information and documentation provided by Herman Design Group, and our experience with similar projects.

This proposal has been revised to include percolation testing for two 50 foot deep dry wells.

SITE AND PROJECT UNDERSTANDING
We understand that the planned sports park will consist of parking areas / drive aisles or access roads, baseball fields, restroom / concessions structures, open space areas, DG pathways / walkways, concrete hardscape, landscape, utilities, and widening of Market Street . Further, we understand that planned structures will be constructed on conventional shallow foundations, and sports lighting will be planned in some areas that we assume will be constructed on caisson or CIDH pile foundations. You have recently indicated that 6 percolation tests (previousl y included) and two 50 f oot deep dry well tests will be required.

SCOPE OF SERVICES
Our scope of services is anticipated to include the following:
• Mark the proposed boring locations, and notify Underground Service Alert (USA) to locate and mark all utilities in the proposed investigation area. The Client should provide plans or field locations of existing subsurface utilities and subsurface irrigation lines prior to our exploration.

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• Drill small-diameter geotechnical borings in the vicinity of plann ed structural areas, parking areas, and where storm water infiltration systems are planned (six percolation test locations and two dry well locations). We expect we will excavate six to eight geotechnical borings and two percolation borings at each BMP location (up to three BMP locations) at depths of 5 to 50 feet.

The borings will be logged in accordance with USCS. Representative in-situ and bulk samples will be collected for our laboratory testing program. Borings will be backfilled with soil cuttings upon completion of testing. We have budgeted for a 2 days of drilling at prevailing wage rates. • Perform percolation testing in in accordance with Riverside County Flood Control and Water Conservation District LID BMP Handbook. We have budgeted 1-day for percolation testing at prevailing wage rates. Percolation rates will be converted to infiltration rates per the Porchet method. Our budget includes up to four percolation tests. • Perform falling head dry well percolation testing utilizing a water truck. We have budgeted one day to test both dry wells.
• Perform laboratory testing on the soils encountered, which is expected to include maximum density at optimum moisture, d irect shear, consolidation/collapse, in-situ moisture density relationships, corrosion screening, grain size analyses, and R-value. • Prepare a written report for the proposed park improvements , presenting our finding s, conclusions, and recommendations regarding the geotechnical aspects of developing the site as presently proposed, and reporting the results of field and laboratory testing. Specifically, the report will include a description of our field work and laboratory testing, a plan depicting the boring locations and site geology, boring logs and percolation rates and calculated infiltration rates, groundwater depths (if encountered) , laboratory test data. The report will discuss geologic hazards with respect to the site, pr ovide analyses with respect to potential hazards (such as liquefaction), seismic design parameters , r emedial grading recommendations, foundation recommendations for buildings, retaining walls and light poles, asphalt and PCC paving recomme ndations for interior park paving and Market Street widening, geotechnical loading and bearing values.
• We have assumed an encroachment permit will NOT be required for this project. S hould an encroachment permit be required, an additional $500 should be added to the projec t budget for preparation of a no-cost permit.

SCHEDULE
Once authorization to proceed has been provided, our geotechnical field investigation services can begin.

The USA marking is anticipated to begin within two weeks of receiving notice to proceed. Currently, drill rig availability/scheduling is five to six weeks out . Our geotechnical field investigation and percolation testing will take two days to complete. Laboratory testing and r eport preparation can be accomplished within two to three weeks from the field exploration for an anticipated project timeline of approximately seven to nine weeks. We can provide information to the project team prior to our report completion to aid in the planning and design process.

PROPOSED FEES
Based upon the scope of services recommended above and assumptions made, we estimate that the geotechnical investigation and percolation testing can be performed for a time and materials estimated fee of $25,595 as detailed in the table below. Any permit preparation, geotechnical consulting time or

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attendance at project meetings will be provided on a time and materials basis in accord ance with the Schedule of Fees in the current on-call agreement which will expire June 30, 2022. Invoices would be submitted at four-week intervals.

Estimate
Prefield Activities
USA Markout & Notification $520
Field Activities
Geotechnical Borings & Percolation Tests
Drilling Subcontractor - 2 Days at PW $9,890
Geotechnical Logging & Sampling $3,260
Percolation Testing - 2 Days $1,630
Water Truck & Meter Rental - Dry Well Tests - 1 Day $2,530 Equipment & Supplies $465
$17,775
Laboratory Testing
Moinsture & Density (in-situ and max), Consolidation/Collapse, Direct Shear, R-value, Corrosion Screening, Expansion, Grain Size Analyses $4,500 Geotechnical Report Preparation
Engineering Geologist, Engineering Analysis, Drafting, Word Proscessing, Senior Review $2,800 TOTAL ESTIMATE FOR GI & PERCOLATION TESTING: $25,595
Task

If permitting or unanticipated field conditions are encountered that require a significant modification to the recommended scope of work or that require a substantial increase to the estimated fee, we would not proceed with the modified scope or increased amount without obtaining your written authorization.

The proposed scope of services does not include the evaluation or identification of the potential presence of hazardous materials on the site.

We assume that site plans will be provided for our use indicating the locations of all underground utility lines and structures, as well as the location of sensitive natural habitats and archaeological sites. We will contact Underground Service Alert (USA) to delineate public utilities within the site prior to performing drilling operations; however, we will not be responsible for damage to any su ch lines, struct ures, vegetation, or archaeological sites that are not accurately marked by USA or shown accurately on the plans provided to us.

We have assumed that we will be granted access to the site to mark excavation locations and perform the drilling and percolation within normal business hours (7am to 5pm M-F).

We have assumed the site is traversable with truck mounted equipment and that special “limited access” equipment will not be required to access the boring locations.

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If dry grasses or other vegetation of debris present a fire hazard, we ask that the flammable materials be removed from the areas of our borings and long travel paths between borings prior to our exploration.

Some disturbance to the ground surface and vegetation will occur because of accessing the desired locations for our subsurface exploration. Although we will be careful to limit the extent of such occurrences, they cannot be avoided, and this proposal does not include any costs to re-grade, re-vegetate, landscape, or otherwise repair disturbed areas.

This proposal assumes that the services offered herein ARE subject to prevailing wage laws. If the Client should conclude this is not a prevailing wage project, please so advise Geocon in writing prior to commencement of exploration.

In prep aring this proposal, we have made every effort to anticipate subsurface conditions and to coordinate with regulatory agency personnel regarding the scope of our investigation. However, regulatory agencies occasionally request additional exp loration or clar ification to assure that investigations are complete and fully understood by all concerned parties. Responses to letters from the regulatory agencies requiring clarification of our report will be performed at no charge. However, should additional exploration, addendum, update reports or letters become necessary, following the completion of our report; they will be billed on a time and materials basis.

LIMITATIONS
Please carefully review the contents of this proposal. If they meet with your approval, send us a task order in accordance with our on -call agreement with the City of Indio. Services provided by Geocon will be pursuant to the on-call agreement.

Please be advised that if Geocon is required to provide an immediate defense to Client pursuant to a claim alleging the negligence of Geocon, Client will be billed on a time and materials basis for such defense in accordance with Geocon’s Schedule of Fees, and if there is a final determination by a court of competent jurisdiction that a port ion of the damag es awarded in connection with a claim were caused by or attributable to Geocon, then Geocon shall be obligated to reimburse Client for that portion of the defense costs reasonably incurred by Client which is attributable to the portion of t he damages caused by or attributable to Geocon. Notwithstanding the foregoing, under no circumstances shall Geocon be liable for providing an immediate defense to Client for any claim not alleging the negligence or other liability of Geocon.

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Should you h ave a ny question s regarding this proposal, or if we may be of further service, please contact the undersigned at your convenience.

Very truly yours,

GEOCON WEST, INC.

Lisa A, Battiato, CEG
Senior Geologist/Regional Manager

LAB:hd

AGENDA ITEM #9.9
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NAI CONSULTING PROPOSAL

AGENDA ITEM #9.9
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CITY OF INDIO AND NAI CONSULTING
This Task Order ("Task Order") is entered into on this 18th day of May, 2022 between the City of Indio, a California municipal corporation ("City"), and NAI Consulting ("Consultant").

RECITALS
A. Consultant is currently under contract to provide the City with on-call professional services pursuant to a Professional Services Agreement entered into by the parties dated July 1, 2019 (“Agreement”).

B. The scope of services provides that the Consultant shall provide the City with services on an as -needed basis and if requested by the City, as set forth in a more detailed scope of services.

C. The City desires certain services related to the Indio Spor ts Park and Consultant is qualified to provide those services pursuant to the terms of this Task Order and the terms of the Agreement.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. Consultant shall p erform the services set forth in Consultant’s proposal dated April 21, 2022 (“Proposal”) which is attached as Attachment A to this Task Order (“Scope of Work”) in a manner satisfactory to City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Consultant agrees that its performance of the services under this Task Order shall be subject to and performed pursuant to the terms of the Agreement , which are incorporated herein as if set forth in full.

Section 2. The compensation for the Scope of Work shall not exceed $ 50,000 as set forth in Consultant’s Proposal and such compensation is subject to the “Additional Terms” set forth in Exhibit B of the Agreement.

Section 3. In the event of any inconsis tency between the terms of the P roposal and the Agreement, the terms of the Agreement shall govern.

In witness whereof the parties have executed this Task Order on the date set forth above.

CITY OF INDIO
A Municipal Corporation
_____________________________
BRYAN H. MONTGOMERY
City Manager
ATTEST:

AGENDA ITEM #9.9
Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon... Page 234 of 362 2 ________________________

CYNTHIA HERNANDEZ
City Clerk

APPROVED AS TO FORM:

________________________
ROXANNE M. DIAZ
City Attorney

NAI CONSULTING

______________________________
Name:

Title:

AGENDA ITEM #9.9
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PROPOSAL, COMPENSATION AND SCOPE OF WORK

AGENDA ITEM #9.9
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68-955 Adelina Road
Cathedral City, CA 92234
P (760) 323-5344 • F (760) 323-

April 29, 2022

Timothy T. Wassil, P.E.

Public Works Director
City of Indio
100 Civic Center Drive
Indio, CA 92201

Subject: Grant Administration Services – Proposal to Administer Proposition 68 Grant for the Final Design of the Indio Sports Park

Dear: Mr. Wassil

NAI Consulting, Inc. (NAI) is pleased to submit this time and materials , not to exceed, scope of services to provide Grant Administration services for the Indio Sports Park to be constructed along Market Street west of Jackson Steet.

PROJECT UNDERSTANDING, APPROACH, AND SCOPE OF WORK:

NAI shall administer the final design of the Indio Sports Park which will be constructed along Market Street west of Jackson Street in the City of Indio. The scope of the project includes constructing Phase 1 of the Indio S ports Park which will include new open space grass fields for organized sports, walking paths, shade structures and trees, baseball fields, a restroom and concession building, parking lot, path lights, lights for one baseball field, drainage improvements, and widening Market Street along the frontage of the park.

NAI understands that the City received $8.5 million of grant funding from Proposition 68 funds and will ensure that the City maintains grant compliance throughout the life of the project including reimbursement requests and progress reports.

To accomplish this, NAI will work with the City selected landscape architect, civil design team, and geotechnical consultant from the City’s on- call list. NAI will review their scopes and fees and ensure that all work is performed in conformance with the approved scopes of work.

NAI will facilitate meetings between the consultants and City staff as needed. NAI will also review any technical studies and engineering drawings to ensure that the Indio Sports Park is constructable and completed in accordance with the grant terms.

SCHEDULE OF FEES

NAI will provide the above services on “time and materials, not to exceed” basis.

Payment shall be in full at the rates listed in the Schedule of Billing Rates for the actual hours submitted in conformance with Section 4 of the Agreement. Total compensation for all work

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S
ervices will be billed on a monthly basis for time and materials expended.

D
irect Costs (reproduction and postage) will be provided at cost with 10% markup.

T
hank you for allowing NAI the opportunity to expand our services for the City of Indio. Should you have any questions regarding the scope and fee within this proposal, please do not hesitate to contact me at [email protected] or at (760) 323-5344 S
incerely,
J
oshua Nickerson, PE
Senior Engineer
AP
PROVED
Timothy T. Wassil, PE Date
Public Works Director

AGENDA ITEM #9.9
Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon... Page 238 of 362 City of Indio
City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10282 adopting a list of projects to be funded by Senate Bill 1, Road Repair and Accountability Act of 2017

RECOMMENDATION:

Adopt Resolution No. 10282 adopting a list of projects to be funded by Senate Bill 1, Road Repair and Accountability Act of 2017.

SUMMARY:

The Road Repair and Accountability Act of 2017 increased local streets and roads funds allocated through Road the through taxes from allocating funds Account Tax Users Highway the by Maintenance and Rehabilitation Account (RMRA). In accordance with the updated guidelines adopted by the California Transportation Commission on March 24, 2021, all proposed projects to receive funding must be included in a resolution adopted by the City Council.

BACKGROUND INFORMATION:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and roads system, SB 1 increases the per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.

Since November 1, 2017, the State Controller has deposited various portions of this new funding into the newly created RMRA. A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

Cities and Counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirements for the prog ram are codified in Streets and Highways Code (“SHC”) Sections 2032.5, 2034, 2036, 2037, and 2038 and below are a few of the included requirements:

• Submit to the California Transportation Commission a list of projects proposed to be funded with these fun ds. All projects proposed to receive funding must be included in a resolution adopted by the City Council pursuant to the updated guidelines issued by the California Transportation Commission on March 24, 2021 [SHC 2034(a)(1)].

AGENDA ITEM #9.10
Resolution No. 10282 adopting a list of projects to be funded by Senate ... Page 239 of 362 • The list of projects must in clude a description and the location of each proposed project, a proposed the of life useful the estimated completion, project’s the for schedule and improvement [SHC 2034(a)(1)].

Per the guidelines, staff updated the Capital Improvement Program to list e ligible projects to receive the RMRA funding. Staff recommends adopting the resolution in Attachment A, which incorporates projects prioritized under the City’s Pavement Management Plan.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

Based on the latest State Department of Finance projection, the projected revenue for RMRA funds for Fiscal Year 2022-23 is $2,088,470. With the approval of the proposed resolution, the city would be eligible for SB 1 funding. The funds are programmed for r epair, rehabilitation, or maintenance of existing roadways within the City along the following segments:

1. Indio Boulevard from Madison Street to Highway 111; and

2. Oasis Street from Highway 111 to Indio Boulevard.

ATTACHMENTS:

Attachment 1 - Resolution No. 10282

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

AGENDA ITEM #9.10
Resolution No. 10282 adopting a list of projects to be funded by Senate ... Page 240 of 362 RESOLUTION NO. 10282
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,088,470 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “fair” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “satisfactory” condition; and

AGENDA ITEM #9.10
Resolution No. 10282 adopting a list of projects to be funded by Senate ... Page 241 of 362 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. All of the recitals above are true and correct and are incorporated herein as if set forth in full.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Title: Fiscal Year 2022/2023 Citywide Pavement Rehabilitation Project Description: Pavement Rehabilitation and Repair along the following segments:

1. Indio Boulevard from Madison Street to Highway 111; and

2. Oasis Street from Highway 111 to Indio Boulevard.

Estimated Project Schedule: Start (07/22) – Completion (06/23) Estimated Project Useful Life: 5-10 Years
Section 3. This resolution shall take effect immediately upon its adoption.

Section 4. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 18th day of May, 2022. __________________________

WAYMOND FERMON, MAYOR
ATTEST:
_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #9.10
Resolution No. 10282 adopting a list of projects to be funded by Senate ... Page 242 of 362 APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ, CITY ATTORNEY

AGENDA ITEM #9.10
Resolution No. 10282 adopting a list of projects to be funded by Senate ... Page 243 of 362 City of Indio
City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Cooperative Agreement between the City of Indio and City of La Quinta for the Design and Construction of Three Projects with Shared City Jurisdiction

RECOMMENDATION:

Approve and authorize the City Manager to negotiate and execute the Cooperative Agreement between the City of Indio and the City of La Quinta for the Design and Construction of Avenue 50 Improvements Intersection 111 Highway and Street No. ST2004), Project (City Jefferson Improvements (City Project No. ST2210), and Jefferson Street Slurry Improvements (City Project No.

ST2205), for a total projected cost of $864,4 85, in the form approved by the City Attorney and City Manager; authorize the City Manager to execute all documents necessary to implement the Cooperative Agreement as approved by City Attorney.

SUMMARY:

The City of Indio and the City of La Quinta are working together on three (3) separate projects with shared jurisdictional boundaries. The Cooperative Agreement outlines each agencies responsibilities under the projects and defines the cost sharing between the agencies. The City of Indio will be the lead agency on the three projects and the City of La Quinta will reimburse the City of Indio for services provided.

BACKGROUND INFORMATION:

The City of Indio and the City of La Quinta are work ing together to complete three separate projects with shared jurisdictional boundaries.

The first project is the Avenue 50 Improvements Project, City Project No. ST2004. The City is proposing to widen Avenue 50 to its ultimate condition between Jefferson Street and Jackson Street.

Since the City of La Quinta has jurisdiction along the southern half of Avenue 50 between Jefferson Street and Madison Street, staff approached the City of La Quinta to partner in the development of the project and complete th e needed improvements. The City has a separate agreement with the Coachella Valley Association of Governments (CVAG) under consideration to fund 75% of the project costs. The Cooperative Agreement includes the work necessary to complete the Preliminary Design and Environmental Studies phase of the project. The City of La Quinta will be funding 50% of the Local Share of this phase of the project. Final design and construction for the City of La Quinta’s section of Avenue 50 will be considered for the Coo perative Agreement through an amendment as more information is detailed regarding the right of way and construction costs.

AGENDA ITEM #9.11
Cooperative Agreement between the City of Indio and City of La Quinta fo... Page 244 of 362 The second project is the Jefferson Street and Highway 111 Intersection Improvements Project, City Project No. ST2210. The City of La Quinta approached the City of Indio to participate in the proposed project. The proposed improvements include repaving the intersection to improve the pavement quality, rideability, and drainage. The Cooperative Agreement includes the work necessary to design the improvements. The City of La Quinta will be funding 50% of this phase of the project. Final design and construction for the Jefferson Street and Highway 111 Intersection Improvements will be considered for the Cooperative Agreement through an amendment as more information is detailed regarding the construction costs.

The third project is the Jefferson Street Slurry Seal Improvements, City Project No. ST2205. With the Fiscal Year 21/22 Slurry Seal program, the City will be adding slurry to Jefferson Street within the City Limits. Since the City of La Quinta has jurisdiction along Jefferson Street, staff approached the City of La Quinta to partner in the implementation of the slurry seal improvements. The Cooperative Agreement includes the construction of the necessary improvements. The City of La Quinta will be funding all construction improvements within their jurisdiction. The slurry seal improvements will stop short of the intersection with Highway 111 to avoid duplicate work with the second project above.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$864,485 Strategic Objective:

Source of funds: Measure A, Storm Drain, DIFF
Roads and Measure X Fund-Org-Object
Reference:

Funds 212, 311, 312 and
102

ATTACHMENTS:

Attachment 1 - Cooperative Agreement Indio and La Quinta Various Projects_Draft Final

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 May 2022 Bryan H. Montgomery, City Manager Approved - 12 May 2022

AGENDA ITEM #9.11
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ATTACHMENT 1

COOPERATIVE AGREEMENT WITH

THE CITY OF LA QUINTA

AGENDA ITEM #9.11
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COOPERATIVE AGREEMENT
FOR AVENUE 50 IMPROVEMENTS; JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT; AND JEFFERSON STREET

PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL

BOUNDARY

This COOPERATIVE AGREEMENT FOR AVENUE 50 IMPROVEMENTS ; JEFFERSON STREET AND HIGHWAY 111 INTERSECTION IMPROVEMENTS PROJECT;

AND JEFFERSON STREET PAVEMENT IMPROVEMENTS WITHIN THE SHARED JURISDICTIONAL BOUNDARY (hereinafter “Agreement”) is entered into this ______ day of _______________, 2022 between the City of Indio ( INDIO), a California municipal corporation, referred to herein as “ INDIO.” The CITY OF LA QUINTA (LA QUINTA ), a California a municipal corporation and charter city , is referred to herein as “ LA QUINTA ,” collectively referred to as “Contracting Parties” or individually as “Contracting Party.”

1.0 SCOPE OF AGREEMENT

1.1 Scope for Project A. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design improvements for Avenue 50 from Jefferson Street to Madison Street. Improvements are proposed to increase capacity, mitigate flooding, improve driver safety, and increase traffic flow along Avenue 50 from Jefferson Street to Madison Street intersection (“Scope A Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, preliminary design, drainage report, environmental evaluations, survey, and geotechnical report (collectively referred to herein as “ Scope A Preliminary Professional Services”) . Parties hereby agree that design and construction of the Project will be publically bid to advertise for proposals from professional services firms for plans and specifications . The approximate cost for Scope A Preliminary Professional Services is specified in the Design Cost in Exhibit “B” attached hereto and incorporated herein by reference (“ Scope A Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the Preliminary Scope A Project Cost as identified in the Project Estimate in Exhibit “B”, excluding the items in Section 3.2, in accordance with the terms of this Agreement. Following the completion of the Scope A Preliminary Professional Services this agreement may be amended to include Final Professional Services and Construction.

1.2 Scope for Project B. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design improvements at the intersection of Jefferson Street and Highway 111. The proposed improvements include rehabilitating

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the existing asphalt concrete and re-grading the intersection to improve drainage and drivability (“Scope B Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, preliminary design, e nvironmental evaluations, drainage eva luation, survey, and geotechnical report (collectively referred to herein as “ Scope B Preliminary Professional Services”). The cost for Scope B Preliminary Professional Services is specified in the Design Cost in Exhib it “B” attached hereto and incorporated herein by reference (“Scope B Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 50% of the Scope B Project Cost , excluding the items in Section 3.2, in accordance with the term s of this Agreement.

Following the completion of the Preliminary Professional Services this agreement may be amended to include Final Professional Services and Construction.

1.3 Scope for Project C. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to construct, finance, operate, and maintain improvements along Jefferson Street with the shared jurisdiction al boundary. The proposed improvements includes crack fill, REAS slurry seal, striping, and localized dig-outs (“Scope C Project”), depicted in Exhibit “A” attached hereto and incorporated herein by reference. Contracting Parties hereby agree that Indio will act as the lead and will be responsible to complete or cause to complete the project management, construction management, material testing, and construction (collectively referred to herein as “ Scope C Construction Services”). The cost for Scope C Construction Services is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Scope C Project Cost”). Contracting Parties hereby agree that La Quinta shall reimburse Indio for 100% of the work done within the City of La Quinta jurisdictional boundary, excluding the items in Section 3.2, in accordance with the terms of this Agreement.

1.3 Compliance with Law . The Project s contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City, County, and any Federal, State, or local governmental agency of competent jurisdiction.

1.4 Wage and Hour Compliance. Contracting Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Projects.

1.5 Licenses, Permits, Fees and Assessments . Contracting Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Projects, and Contractors shall be responsible to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Projects.

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1.6 Familiarity with Project. Contracting Parties shall require any Contractor to warrant that they (a) have thoroughly investigated and considered the Project s to be performed, (b) have investigated the site where the Projects is to be constructed and fully acquainted with the conditions there existing, (c) have carefully considered how the Pro jects should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Projects.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Parties shall fund and construct the Projects as depicted in Exhibit “A” and the Project Costs in Exhibit “B”. If additional work is required beyond the work contemplated by the scope of work presented in Exhibit “A” and or the cost presented in Exhibit “B ”; Contracting Parties shall not authorize any Design Engineer or Contractor to perform such Additional Work until receiving prior written authorization from all Contracting Parties.

All contract change orders which individually or cumulatively exceed 10% of the bid price as described in Exhibit “B” for the relevant contract bid items shall be submitted by Indio to La Quinta for review and approval prior to authorization by Indio.

1.8 Responsibility for Operations and Maintenance Following Project Completion. Upon completion of the Project, the Contracting Parties shall assume maintenance responsibilities for the improvements within the respective jurisdictions of the Contracting Parties. Notwithstanding, any agreement(s) in place prior to this Agreement shall remain in full force and effect in accordance with the terms and provisions of those preexisting agreements.

2.0 PAYMENT OF COSTS

2.1 Contract Sum. Contracting Parties understand that Indio may include Project A as part of a larger project. However, for this portion of work from Jefferson Street to Madison Street, as contemplated by this Agreement, Contracting Parties shall pay a percentage of the combined total anticipated price in the amount of one hundred sixty-five thousand dollars ($165,000) (“Scope A Project Cost”), as described in more detail in Exhibit “B.” CVAG shall contribute 75% of the project cost. The remaining will be split with the City of La Quinta contributing 50% of the Project Cost and the City of Indio contributing 50% of the Project Cost, subject to the following terms.

For Project B contemplated by this Agreement, Contracting Parties shall pay a combined total price in the amount of fifty-five thousand seven hundred twenty dollars ($55,720) (“Scope B Project Cost”), as described in more detail in Exhibit “B.” The City of La Quinta shall contribute 50% of the Project Cost, and the City of Indio shall contribute 50% of the Project Cost, subject to the following terms.

For Project C contemplated by this Agreement, the City of La Quinta shall pay the total price in the amount of five hundred forty thousand dollars ($540,000) (“Scope C Project Cost”), as described in more detail in Exhibit “B.” The City of La Quinta shall contribute 100% of the Project Cost within the City of La Quinta jurisdiction boundary, subject to the following terms.

AGENDA ITEM #9.11
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The Contracting Parties acknowledge that Indio will executed an agreement for o utside funding for Project A preliminary project design costs with the Coachella Valley Association of Governments (“CVAG”) in the amount not to exceed six hundred seventy-five thousand dollars ($675,000) for Preliminary Engineering Costs . The budget allocation is specified in the Project Estimate in Exhibit “B” attached hereto and incorporated herein by reference (“Project Cost”).

Indio shall be responsible for the initial payment of Project Costs. Indio shall invoice La Quinta and La Quinta shall reimburse Indio quarterly or upon completion of major milestone of work for each Project as requested by Indio. An estimate is provided in Exhibit “B”.

The Contracting Parties acknowledge that the internal staff costs of Indio and La Quinta shall be paid for by each Contracting Party and are not included as reimbursements in this Agreement between each Contracting Party. However, La Quinta may submit periodic summaries of actual internal costs incurred to La Quinta and Indio shall endeavor to submit for reimbursement from CVAG as reimbursement is available. Indio after receiving reimbursement from CVAG shall reimburse La Quinta for CVAG’s share of the cost.

Any Additional Services required shall be approved in advance and paid for in proportional shares upon obtaining written authorization for such Additional Services from all Contracting Parties.

3.0 COORDINATION OF WORK

3.1 Representative of Contracting Party . The following principals of Contracting Party (“Representatives”) are hereby designated as being the representatives of each Contracting Party authorized to act in its behalf with respect to the Projects specified herein and make all decisions in connection therewith:
a. Timothy T. Wassil, P.E., P.M.P, C.C.M, Director of Public Works, City of Indio E-mail: [email protected]
b. Bryan McKinney, PE, Public Works Director/City Engineer, City of La Quinta E-mail: [email protected]
The foregoing Representatives shall be responsible during the term of this Agreement for directing all activities of their respective Contracting Party. For purposes of this Agreement, the foregoing Representatives may not be changed without the approval of all Contracting Parties, which approval shall not be unreasonably withheld or denied.

3.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the lead agency for the Project, Indio hereby agrees to complete the following objective:

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Scope A and Scope B:
(1) To complete the Project Approval and Environmental Document Phase (PA&ED).

The phase of work includes procuring a design firm, finalizing the design approach and parameters, and completing the appropriate environmental documents to secure environmental clearance. Indio shall also secure any necessary environmental permits.
(2) To prepare Preliminary Plans, Specifications, and Estimates ( Preliminary PS&E) for the Project. Preliminary PS&E shall be prepared in accordance with the standards and practices of Indio and La Quinta based on respective jurisdictional boundaries and all applicable laws and regulations therein. (3) To identify and locate all utility facilities with the Project area as part of its Project design responsibility.
(4) To prepare an environmental document to obtain necessary environmental clearances in accordance with the California Environmental Quality Act (CEQA). (5) To apply for a no -fee encroachment permit for work within La Quinta’s street rights-of-way, in accordance with La Quinta standard permit procedures, provided that La Quinta agrees to cooperate in the issuance of any other required permits necessary for the Project.

Scope C:
(1) To complete the Construction Services as identified in the Scope C Project. Provide final accounting and quantity adjustments.

La Quinta, upon submittal by Indio or any employee, or agent, shall review and participate in Design Firm Selection for Project A.

La Quinta , upon submittal by Indio or any employee, or agent, shall review the environmental reports, project studies, and preliminary plans.

Indio, free of charge, upon application by Indio or any employee, agent, or contractor of Indio, shall issue the necessary encroachment permits for required work within the Contracting Party’s street right-of-way associated with the Project.

In the construction of the Project, Indio will furnish or contract for a representative to perform the function of “Resident Engineer,” and La Quinta hereby reserves the right to provide a representative to assist the Resident Engineer. Representatives from La Quinta may consult with Indio’s Resident Engineer; however, Indio’s Resident Engineer’s decision shall be considered final.

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3.4 Independent Contractor. The Contracting Parties hereby acknowledge that neither Contracting Parties nor any employees of Contracting Parties shall have any control over the manner, mode, or means by which any selected Contractor and its agents and employees perform the services contemplated by the project, except as otherwise set forth herein. Contracting Parties shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services for the Project. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services for the Project sha ll not qualify for or become entitled to any compensation, benefit, or any incident of employment by Contracting Parties, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of Contracting Parties and entitlement to any contribution to be paid by Contracting Party for employer contributions and/or employee contributions for PERS benefits.

4.0 INDEMNIFICATION.

4.1 Indemnification by Indio. Indio agrees to indemnify, defend and hol d harmless La Quinta and their respective officials, officers, agents , and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits, and actions, and for damages relating to suits and actions (including bodily in jury, death, personal injury, or property damage) arising from Indio’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of La Quinta, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

4.2 Indemnification by La Quinta . La Quinta agrees to indemnify, defend and hold harmless Indio and their resp ective officials, officers, agents , and employees from and against liability, expenses (including reasonable attorneys’ fees), losses, suits , and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or pr operty damage) arising from La Quinta performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Indio, in the respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

4.3 Indemnification from Contractor . Contracting Parties shall require each and every Contractor performing work for the Project s to indemnify, def end, and hold harmless, to the maximum extent allowable by law, the Contracting Parties for that work performed on the Projects by the Contractor.

5.0 RECORDS AND REPORTS.

5.1 Records. Contracting Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other

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documents relating to the Projects (“Books and Records”) for three (3) years following completion of the Project. Any and all such Books and Rec ords shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contracting Parties shall have full and free access to such Books and Records of any other Contracting Party at all times during n ormal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

5.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physic al drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared for the Project (the “Documents and Materials”) shall be the joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose.

6.0 ENFORCEMENT OF AGREEMENT.

6.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Contracting Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Su perior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.

6.2 Disputes. In the event of any dispute arising under this Agreement, the injured Contracting Party shall notify the remaining Contracting Parties in writing of its contentions by submitting a claim therefore. The injured Contracting P arty shall continue performing its obligations hereunder so long as the injuring Contracting Party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty- five (45) days after service of the notice or as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured Contracting Party may take such immediate action as deemed warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any Contracting Party's right to take legal action in the event that the dispute is not cured.

6.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Contracting Party on any default shall impair such right or remedy or be construed as a waiver. Contracting Parties’ consent or approval of any act by any other Contracting P arty requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of Contracting Party. Any waiver by any Contracting Party of any

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default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Contractin g Parties are cumulative and the exercise by any Contracting Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another Contracting Party.

6.5 Legal Action. In addition to any other rights or remedies, any Contracting Party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific pe rformance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

6.6 Attorneys' Fees. If any Contracting Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Contracting Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by such Contracting Party for legal services multiplied by the actual hours spent by the prevailing Contracting Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Contracting Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depos itions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

7.0 OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

7.1 Non-liability of Officers and Employees . No officer, official, employee, agent, representative, or volunteer of any Contracting Party shall be personally liable to any Contracting Party, or any successor in interest, in the event of any default or breach by any Contracting Party or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Contracting Parties or which would in any way hinder Contracting Parties’ performance of this Agreement. Contracting Parties agree to at all times avoid conflicts of interest or the appearance of any conflicts of interest in the performance of this Agreement.

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No officer or employee of any Contracting Party shall have any financial interest, direct or indirect, in this Agreement nor shall a ny such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any local or State statute or regulation.

7.3 Covenant against Discrimination. Contracting Parties covenant that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance o f this Agreement.

Contracting Parties shall take affirmative action to ensure employees and Contractor’s employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

8.0 MISCELLANEOUS PROVISIONS

8.1 Notice. Any notice, demand, request, consent, approval, or communication any Contracting Party desires or is required to give to any other Contracting Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Any Contracting Party may change its address by notifying the other Contracting Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City of Indio
100 Civic Center
Indio, CA 92201
Attn: City Manager
Telephone: (760) 391-4000
FAX No.: (760) 391-4008
To City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
Telephone: (760) 777-7000

8.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any Contracting Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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8.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

8.5 Integrated Agreement . Thi s Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the Contracting P arties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Ag reement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Contracting Parties, and none shall be used to interpret this Agreement.

8.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Contracting Parties. The Contracting Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles , phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Contracting Parties hereunder unless the invalid provision is so material that its invalidity deprives any Contracting Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.8 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

8.9 Authority. The persons executing this Agreement on behalf of each of the Contracting Parties hereto represent and warrant that (i) such Contracting Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Contracting Party, (iii) by so executing this Agreement, such Contracting Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Contracting Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Contracting Parties.

8.10 Electronic Signatures and Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Contracting Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Contracting Parties further agree that the electronic signatures of the Contracting

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Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Contracting P arties in California, including a government agency. Digital signature m eans an electronic identifier, created by computer, intended by the Contracting Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Contracting P arties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates stated below.

CITY OF INDIO,
a California municipal corporation

BRYAN H. MONTGOMERY, City Manager
Dated:

ATTEST:

CYNTHIA HERNANDEZ, CMC, City Clerk
Indio, California

APPROVED AS TO FORM:

Roxanne Diaz, City Attorney
City of Indio, California

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IN WITNESS WHEREOF, the Contracting Parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
A California municipal corporation

RECOMMENDED FOR APPROVAL:

_____________________ Dated: ________
Jon McMillen, City Manager

ATTEST:

___________________________________
Monika Radeva, City Clerk
City of La Quinta, California

APPROVED AS TO FORM:

___________________________________
William H. Ihrke, City Attorney
City of La Quinta, California

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Project A Improvement Scope and Exhibit

The Summary of Scope of Services for Avenue 50 from Jefferson Street and Madison Street Project is as follows:

1. Conduct existing utility research for all utilities within the project limits to identify, locate, and layout all above and underground improvements.

2. Prepare required environmental document.

3. Prepare drainage report.

4. Prepare preliminary plans, specifications, and estimate for Avenue 50 between Jefferson Street and Madison Street – Improve this corridor to the modified ultimate condition with two lanes in each direction, bike lanes on each side, sidewalk on north side of Avenue 50, DG trail on southside of Avenue 50, and drainage system. Additional modifications to the the City of La Quinta ultimate condition include 11-foot wide parkway and raised median only where they currently exist and where needed to restrict traffic movements.

Project Area

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Exhibit A
Project B Improvement Scope and Exhibit

The Summary Scope of Services for the Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project is as follows:

1. Prepare a Geotechnical Report to determine the rehabilitation method for the pavement within the intersection of Jefferson Street and Highway 111.

2. Prepare preliminary plans that adjust the finished surface grades to accommodate proper drainage conveyance throughout the intersection a nd into existing drainage inlets and that improves drivability.

3. Prepare Drainage Memo for the existing drainage system.

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Exhibit A
Project C Improvement Scope and Exhibit

The Summary Scope of Services for the Jefferson Street Crack Fill and REAS Slurry is as follows:

City of La Quinta: Approximately 785,000 square feet

Project Includes:
 REAS slurry
 Crack fill
 Striping
 Small asphalt repairs

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Anticipated Project A Cost Estimate
Avenue 50 from Jefferson Street and Madison Street Project Note: Actual costs will be determined after Design Firm is awarded work

Item CVAG Share City of
Indio Share
City La
Quinta Share Total
75% 50% 50%
City Project Management $9,750.00 $1,625.00 $1,625.00 $13,000.00 Designer Project Management $6,750.00 $1,125.00 $1,125.00 $9,000.00 Survey $13,500.00 $2,250.00 $2,250.00 $18,000.00
Utility Research $1,500.00 $250.00 $250.00 $2,000.00 Geometric Drawings $12,750.00 $2,125.00 $2,125.00 $17,000.00 Geotechnical Analysis $7,500.00 $1,250.00 $1,250.00 $10,000.00 Hydraulic Analysis $6,000.00 $1,000.00 $1,000.00 $8,000.00 Agency Coordination $1,125.00 $187.50 $187.50 $1,500.00 CEQA Determination $22,500.00 $3,750.00 $3,750.00 $30,000.00 Preliminary Plans and Cost Estimate (30%) $30,375.00 $5,062.50 $5,062.50 $40,500.00 Utility Coordination $2,250.00 $375.00 $375.00 $3,000.00 Obtain Preliminary Title Report & Examination $7,500.00 $1,250.00 $1,250.00 $10,000.00 Utility Coordination $2,250.00 $375.00 $375.00 $3,000.00 Total $123,750.00 $20,625.00 $20,625.00 $165,000.00

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Exhibit B
Project B Cost Estimate
Jefferson Street and Highway 111 Intersection Pavement Rehabilitation Project

Item

City of Indio Share
50%
City La Quinta Share
50% Total
City Project Management $ 5,000.00 $ 5,000.00 $ 10,000 Field Survey
$ 3,972.00 $ 3,972.00 $ 7,944
Geotechnical Investigation & Pavement Rehabilitation
Recommendations $ 5,935.00 $ 5,935.00 $ 11,870 Preliminary Drainage Investigation $ 2,821.00 $ 2,821.00 $ 5,642 Preliminary Design $ 9,357.00 $ 9,357.00 $ 18,714 Preliminary Cost Estimate $ 775.00 $ 775.00 $ 1,550 Total $ 27,860.00 $ 27,860.00 $ 55,720

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Exhibit B
Project C Cost Estimate
Jefferson Street Crack Fill and REAS Slurry

Construction cost estimate for La Quinta’s portion on Jefferson: $540,000

 Approx. 785,000 Sq. ft.

Includes:
 REAS slurry
 Crack fill
 Striping
 Small asphalt repairs

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City Council
May 18, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approval of a Building Lease Agreement with Beer Buds, Inc. for the property located at 82-921 Indio Boulevard, and finding of conformity with the General Plan

RECOMMENDATION:

Approve the lease with Beer Buds, Inc. for the property located at 82-921 Indio Boulevard, subject to obtaining a release from the Chamber of Commerce related to the current lease in the form approved by the City Attorney and City Manager, authorize the City Manager to negotiate and execute the lease in the form approved by the City Manager and City Attorney, and authorize the City Manager to execute all documents necessary to complete the lease, and find that the lease is in conformance with the General Plan.

SUMMARY:

The Downtown Specific Plan created the blueprint for the revitalization of Downtown. The proposed lease is consistent with this long-range planning document and will stimulate new investment, create new jobs and generate additional sales tax and property tax revenues for the community

BACKGROUND INFORMATION:

Our Downtown is experiencing a renaissance period of growth and prosperity. A lot is happening behind the scenes to revitalize the Downtown including, activating empty storefronts, cleaning up the public realm (appearance and cleanliness), facade improvements and painting buildings on Miles Ave and Oasis Street, recruitment of brewery’s, entertainment, restaurants, and creating an exciting outdoor “family room” multipurpose event space to be located at the southwest Miles Ave and Smurr Street. The vision for the outdoor multi-use a space for the community to gather and spend time with family and friends to enjoy food, live music, lectures, performances, movies, and fitness classes. Also happening downtown is the significant investment being made by the College of the Desert.

One of the goals of the Downtown Specific Plan is to build upon and take advantage of Indio’s internationally-known festivals that bring over 1.2 million visitors to our community (locally, regionally, and internationally), which provides great opportunities for visitors from around the world to discover Downtown Indio. By the coordinated design, programming, and district branding of the Downtown — including public realm improvements to create high-quality public gathering spaces—Downtown Indio will become one of the premier event venues of the city and the region.

Earlier this year the City received an email and business plan from Beer Buds, Inc. for the purpose of creating a restaurant for “Pizza + Pints”. The proposed use is to create a craft brewery to support the AGENDA ITEM #9.12
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The Premises shall be used solely for the operation of a brewery and accompanying pizza and brew pub style restaurant with an outdoor seating area. The Premises will co ntain a 15 -barrel brewing system, including tanks, to provide a varied brew menu that will include consumption on -site as well as beer-to-go via cans, crowlers and growlers, and local craft beer in addition to craft soda, seltzers and cold-brew coffee and other non-alcoholic options for the consumer and families. The property consists of a one-story building located on the southwest corner of Indio Boulevard and Smurr Street, and includes a total of 3,466 square foot building and an outdoor aAArea adjacent to the building shown on Exhibit A in Lease Agreement.

Since that time, staff has negotiated a Building Lease Agreement (Attachment A).

To accommodate the new brewery and restaurant, the City and the Greater Coachella Valley Chamber of Commerce (GCVCC) has agreed in concept to end the existing lease at 82921 Indio Blvd. and enter into a new lease at city owned property located at 45110 and 45130 Oasis Street (in two suites totaling 2,160 square feet). The GCVCC CEO has provided a letter of support of this relocation of their offices, and we are currently working with their legal counsel on the details of that lease including covering their relocation expenses, See Attachment B.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$150,000 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: ARPA Fund-Org-Object
Reference:

Additional Financial Details:

The salient terms of the Building Lease Agreement are as follows:

Premises: The building located at 82-921 Indio Boulevard. The property consists of a one-story building located at the hard corner of southwest corner of Indio Boulevard and Smurr Street, and includes a total of 3,466 square foot building and an outdoor area (the “Building”).

Permitted Use of Premises: The Premises shall be used solely for the operation of a brewery and accompanying pizza and brew pub style restaurant with an outdoor seating area. The Premises will contain a 15-barrel brewing system, including tanks, to provide a varied brew menu that will include consumption on-site as well as beer-to-go via cans, crowlers and growlers, and local craft beer in addition to craft soda, seltzers and cold-brew coffee and other non-alcoholic options for the consumer and families.

Lease Term: The term of the Agreement is five (5) years, see Attachment B.

Rent Commencement Date: When the Landlord delivers the keys to the tenant.

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Rent: The rent shall be $1,733.00 per calendar month during the Term, prorated for any partial calendar month in the Term.

Security Deposit: Tenant shall pay the Security Deposit of $3,000 to Landlord on the date Tenant signs and delivers a counterpart of this Lease to Landlord.

Condition of Premises: Tenant acknowledges that: (i) neither Landlord nor any employee, representative or agent of Landlord has made any representation or warranty (express or implied) with respect to the Premises or any other portion of the Premises, and (ii) Landlord shall have no obligation to improve or alter the Premises or the Premises for the benefit of Tenant. Tenant acknowledges that Tenant has thoroughly inspected the Premises and Tenant shall accept the Premises in their current “AS-IS” condition, without representation or warranty, express or implied.

Tenant Improvements: Tenant shall diligently prosecute submission of each of the following to Landlord, and in all events shall deliver each of the following to Landlord prior to the commencement of Tenant’s Initial Improvements (as defined in Exhibit “B” in Lease Agreement): (a) “Final Approved Plans” (as defined in Exhibit “B”) (b) a copy of Tenant’s building permit, if issued by such date; and (c) executed copies of policies of insurance or certificates thereof (as required under Article 12).

Tenant shall diligently prosecute Tenant’s Initial Improvements to completion. Tenant shall deliver to Landlord a copy of the certificate of occupancy for the Premises issued by the appropriate governmental agency upon completion of Tenant’s Initial Improvements. Unless identified as by Landlord as having to be removed prior to Lease termination pursuant to Section 20.4, all of Tenant’s Initial Improvements including, but not limited to, light fixtures, floor coverings and partitions, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof.

Prevailing Wages: Landlord shall pay Tenant the sum of One Hundred and Fifty Thousand Dollars ($150,000) for the actual costs of design and construction of the improvements described in Exhibit B (the “Tenant Improvement Allowance”). In no event shall any unused portion of the Tenant Improvement Allowance be paid to Tenant or credited against any obligation payable by Tenant under this Lease. In making any approved improvements or alterations, Tenant shall comply with all applicable laws, including prevailing wage laws (California Labor Code Sections 1720 et seq.) and shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from any failure by Tenant to pay prevailing wages or otherwise comply with the provisions of the California Labor Code and all applicable laws and regulations with respect to prevailing wages, including any claims by contractors and subcontractors for prevailing wages.

Possessory Interest Taxes and Utilities: Tenant shall be responsible for the payment when and as due of all real property taxes on Tenant’s possessory interest, and all charges for gas, electricity, telephone service, water, sewer service, trash removal and other utilities and services furnished to the Property during the Term.

Tenant Improvement Allowance: Landlord shall pay Tenant the sum of One Hundred and Fifty Thousand Dollars ($150,000) for the actual costs of design and construction of the improvements described in Exhibit B (the “Tenant Improvement Allowance”). In no event shall any unused portion of the Tenant Improvement Allowance be paid to Tenant or credited against any obligation payable by Tenant under this Lease.

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Landlord Has No Responsibility: It is expressly acknowledged and agreed that Landlord shall have no responsibility for performing any work in connection with processing of necessary approvals or for performing any work to the Premises in order to prepare the Premises for construction by Tenant, and that all work shall be performed by Tenant at Tenant’s sole cost and expense.

Notwithstanding the foregoing, Landlord agrees to provide reasonable cooperation with Tenant’s processing of necessary approvals for the work in the Premises, including by signing documents as the owner of the Premises or by participating in meetings with governmental officials if required by such officials.

A draft lease agreement is attached and Staff is requesting that the City Council approve the lease subject to it being finalized by the City Manager and the City Attorney.

The property on Indio Boulevard is within the Downtown Specific Plan zoned Downtown-Core (DT- C) characterized by lively, pedestrian-oriented retail and restaurant uses. Goal ED-7 of the General Plan states that an economic development goal is to have “A City with the destination hospitality, retail, and entertainment opportunities to meet the needs of visitors and residents.” Additional restaurant hospitality uses will conform to such goal as part of the City economic development strategy. Accordingly, the proposed lease is consistent with the General Plan and staff recommends that the City Council find that the lease of the property (with the right of first refusal) is in conformance with the General Plan.

ATTACHMENTS:

Attachment A
Attachment B

APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 12 May 2022 Roxanne Diaz, City Attorney Approved - 12 May 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 May 2022 Bryan H. Montgomery, City Manager Approved - 13 May 2022

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BUILDING LEASE

CITY OF INDIO,
as Landlord

and

Beer Buds Inc.
as Tenant

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TABLE OF CONTENTS

TO BE ADDED

EXHIBITS
EXHIBIT “A” Legal Description (and/or Diagram ) of Land/Premises EXHIBIT “B” Initial Tenant Improvements
EXHIBIT “C” Form of Memorandum of Lease
[EXHIBIT “D” Notice of Lease Term Commencement/Rent Commencement Dates]

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LEASE
This Lease (“Lease”) is entered into as of the “Effective Date” (as defined in Section 1.1 below) by and between “Landlord” and “Tenant” (each as defined in Sections 1.2 and 1.3 below).

ARTICLE 1

BASIC LEASE PROVISIONS

1.1 Effective Date. July 1, 2022.

1.2 Landlord. City of Indio, a California municipal corporation.

1.3 Tenant. Beer Buds Inc. a California Corporation.

1.4 Premises. The land described on Exhibit “A” attached hereto, which has a street address of 82921 Indio Boulevard and all improvements thereon.

1.5 Term. The term of this Lease is for five (5) years , commencing on the Term Commencement Date descri bed in Section 1.6, and ending five (5) calendar years thereafter (“Initial Term”).

1.6 Option to Extend. One (1) option term of 60 months.

1.7 Rent Commencement Date. The Rent Commencement Date shall be the date that is 9 months after the Term Commencement Date. The Rent Commencement Date shall be memorialized by a letter from the Landlord to Tenant in notice in the form attached hereto as Exhibit D.

1.8 Term Commencement Date. The Term Commencement Date shall be date on which the Landlord tenders delivery of keys to the Premises to Tenant. The Term Commencement Date shall be memorialized by a letter from the Landlord to Tenant in notice in the form attached hereto as Exhibit D.

1.9 Base Rent.

Period

Monthly Rent

Rent Commencement
Date (Initial Term) ___
$ 1,733.00
Option Term $__2,252.90___

1.10 Security Deposit. $3,000, which shall be subject to Article 7. Tenant shall pay the Security Deposit to Landlord on the date Tenant signs and delivers a counterpart of this Lease to Landlord.

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1.11 Use of Premises. The Premises shall be used solely for the operation of a brewery and an accompanying pizza and brew pub style restaurant with an outdoor seating area in addition to the ancillary uses described below. The Premi ses will contain a 7- barrel brewing system, including tanks, and will provide a varied brew menu that will include consumption on-site as well as beer- to-go via cans, crowlers and growlers , and local craft beer in addition to craft soda, seltzers and cold-brew coffee and other non-alcoholic options for the consumer and families. Ancillary uses include the use of mechanical and live music during operating hours as well as the use of the Premises for private events. The use of the Premises for private events, however, is subject to the prior written approval of the Landlord for each private event.

The Premises’ hours of operation shall be between 7:00 am to 12:00 am subject to any applicable Department of Alcohol Beverage Control and/or City regulations or ordinances. The hours of operation may be extended until 2:00 a.m. if: (i) permitted by the City’s Municipal Code or if permitted by a City permit; and (ii) with the Landlord’s prior written approval.

1.12 Parking. Tenant shall have the righ t to use the general surface parking adjacent to the Building in the same manner as the general public.

1.13 Notices.

To Landlord: City of Indio
100 Civic Center Mall,
Indio, CA 92201
Attn: City Manager

To Tenant : Beer Buds Inc.
77770 Country Club Drive, Suite D
Palm Desert, CA 92211

1.14 Broker(s). Not Applicable.

1.15 Tenant Improvement Allowance. $150,000 which shall be governed by Article 6.

ARTICLE 2

PREMISES

2.1 Lease of Premises. Landlord leases to Tenant and Tenant leases from Landlord, for the “Term” (as defined in Article 3) and upon the covenants and conditions set forth in this Lease, the premises described in Section 1.4 (“Premises”).

ARTICLE 3
TERM

3.1 Term. The term of this Lease shall commence upon the Term Commencement Date, and shall end on the date described in Section 1.5. Such term is referred to in this Lease as the “Term”.

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3.2 Extension Option. Provided that Tenant is not in default under this Lease beyond any applicable cure period at the time of exercise of an option to extend provided herein or at any time thereafter prior to the commencement of the applicable Option Term (as hereinafter defined), Tenant shall have the option to extend the Initial Term of this Lease for one (1) additional period of sixty (60) months (“Option Term”) only by giving Landlord written notice no earlier than nine months (9) prior to the expiration of the then applicable Term. All of the terms, covenants, conditions, provisions and agreements applicable to the Initial Term shall be applicable to the Option Term, except that the rent payable during the Option Term shall be the amount set forth in Section 1.9. Time is of the essence with respect to Tenant’s exercise of the option to extend provided herein. Tenant’s fa ilure to strictly comply with the time requirements set forth herein shall cause the options provided herein to automatically cease and terminate and, in such event, this Lease shall terminate upon the expiration of the Initial Term. If the option is exer cised, all references in this Lease to the “Term ” shall be deemed to mean the Initial Term as extended by the Option Term, as applicable.

ARTICLE 4

POSSESSION AND INITIAL IMPROVEMENTS

4.1 Delivery of Possession . Landlord shall deliver possession of the Premises on the Term Commencement Date.

4.2 Tenant’s Initial Improvements. Tenant shall diligently prosecute submission of each of the following to Landlord, and in all events shall deliver each of the following to Landlord prior to the commencement of Tenant’s Initial Improvements (as defined in Exhibit “B” ): (a) “ Final Approved Plans” (as defined in Exhibit “B”) (b) a copy of Tenant’s building permit, if issued by such date; and (c) executed copies of policies of insurance or certificates thereof (as required under Article 12 ). Tenant shall diligently prosecute Tenant’s Initial Improvements to completion.

Tenant shall deliver to Landlord a copy of the certificate of occupancy for the Premises issued by the appropriate governmental agency upon completion of Tenant’s Initial Improvements . Unless identified as by Landlord as having to be removed prior to Lease termination pursuant to Section

20.4, a ll of Tenant’s Initial Improvements including, but not limited to, light fixtures, floor coverings and partitions, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof.

4.3 Condition of Premises. Tenant acknowledges that: (i) neither Landlord nor any employee, representative or agent of Landlord has made any representation or warranty (express or implied) with respect to the Premises or any other portion of the Premises , and (ii) Landlord shall have no obligation to improve or alter the Premises or the Premises for the benefit of Tenant. Tenant acknowledges that Tenant has thoroughly inspected the Premises and Tenant shall accept the Premises in their current “AS-IS” condition, without representation or warranty, express or implied except that the Premises in their “AS -IS” condition shall be compliant with the Americans With Disabilities Act (“ADA”) as of the Term Commenceme nt Date. Notwithstanding, Tenant acknowledges and agrees that any ADA improvements required or triggered as a result of Tenant’s own Improvements or Tenant’s intended use of the Premises shall not be covered by the foregoing and shall be Tenant’s respons ibility whether or not they are part of the Tenant’s construction of Improvements as set forth in Article V.

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4.4 Construction-Related Accessibility Standards . The Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the Premises and determine whether the Premis es comply with all of the applicable construction - related accessibility standards under state law. Although state law does not require a CASp inspection of the Premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. In that regard, the parties agree that in the event Tenant requests a CASp inspection, Tenant shall pay any such inspection fees and the cost of making any such repairs.

4.5 ADA o
nstruction-Related Accessibility Standards . The Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the Premises and determine whether the Premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of th

ARTICLE 5

CONSTRUCTION OF TENANT IMPROVEMENTS

5.1 Construction of Improvements. Tenant shall, at its sole cost and expense, promptly after the Commencement Date commence and diligently pursue the obtaining of all necessary governmental approvals, licenses and permits for, and the completion of the work described in Scope of Improvements attached hereto as Exhibit “B” (the “Improvements”) all in accordance with all the terms and conditions of this Article 5, provided, however, that Tenant must first deliver preliminary plans and specifications for such Improvements to Landlord for Landlord’s approval.

Landlord shall have the sole discretion to approve or disapprove such plans and specifications within 10 business days from receipt. Any other improvements or alterations (including deviations from the approved plans) shall require Landlord’s prior written consent. Tenant’s failure to complete, or delay in completing, any such improvements shall not e xtend the Rent Commencement Date. All Improvements shall be subject to obtaining all required governmental permit and approvals. Once the final list of Tenant’s Initial Improvements is approved by the Landlord, that list shall be incorporated herein as part of Exhibit B. Tenant’s failure to complete, or delay in completing, any such improvements shall not extend the Improvement Completion Date as defined herein. Tenant shall diligently prosecute such construction to completion no later than the Rent Commencement Date (“Improvement Completion Date”) and shall open the Premises for business no later than the Improvement Completion Date, unless the Improvement Completion Date is extended by the City Manager in his discretion.

5.2 T
enant Improvement Allowance. Landlord shall pay Tenant the sum of One Hundred and Fifty Thousand Dollars ($150,000) for the actual costs of design and construction of the improvements described in Exhibit B (the “Tenant Improvement Allowance ”). In no event shall any unused portion of the Tenant Improvement Allowance be paid to Tenant or credited against

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any obligation payable by Tenant under this Lease. In making any approved improvements or alterations, Tenant shall comply with all applicable laws, including prevailing wage laws (California Labor Code Sections 1720 et seq.) and shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from any failure by Tenant to pay prevailing wages or otherwise comply with the provisions of the California Labor Code and all applicable laws and regulations w ith respect to prevailing wages, including any claims by contractors and subcontractors for prevailing wages.

Landlord shall disburse the Tenant Improvement Allowance not more often than once every thirty (30) days , within 15 days after Tenant delivers a written request to Landlord for payment describing the applicable work completed by Tenant for which the funds are requested (together with reasonable additional supporting documentation showing the costs for the Improvements to be paid/reimbursed), subject to the satisfaction of the following conditions:
(a) All building permits for the applicable Improvements have been issued by the applicable governmental authorities and c opies of such building permits (except those issued by Landlord) have been delivered to Landlord;
(b) Tenant has submitted to Landlord (i) all invoices for that portion of the Improvements for which payment is requested; and (ii) appropriate conditional lien releases and waivers from any and all contractors and materialmen that provided services or installed supplies to or for the account of Tenant (unconditional as to any work for which a disbursement of the Tenant Improvement Allowance was previously made);
(c) Tenant has completed that portion of the Improvements described on the invoices submitted for which the installment payment is requested; and (d) No default by Tenant has occurred and is continuing.

Landlord shall be entitled to hold back as “retainage” ten percent (10%) of each requested installment for the hard costs of the Improvements.

Landlord shall pay a final payment of the Tenant Improvement Allowance equal to the retainage within thirty (30) days after Landlord’s receipt of Tenant’ s written request thereof, together with documentation sufficient (in Landlord’s reasonable determination) to establish that items (a) through (f) below have been satisfied:
(a) All required inspections of the Improvements by the applicable governmental agencies have taken place and the completed work have passed all such inspections; (b) Tenant has completed the Improvements;
(c) Tenant has received certificate(s) of occupancy for the Improvements; (d) Tenant has submitted to Landlord (i) all invoices and proof of payment for all of the Improvements evidencing expenditures by Tenant of any amount equal to or greater than the amount of the Tenant Improvement Allowance; and (ii) appropriate final lien releases and waivers, conditioned only upon final paym ent of the applicable sum specified therein, from any and all