Agenda — Indio City Council, February 15, 2023 (part 2 of 3)

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 100 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 310.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 250.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 250.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 416.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 200.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 200.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 400.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 100.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 967.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 1,809.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 651.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 144.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 144.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 608.00 235842 02/09/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 1,410.00 235725 01/30/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 147.86 235725 01/30/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 130.10 235725 01/30/2023 PRINTED 4470 EXCEL LANDSCAPE, INC. 604 BUILDINGS AND GROUNDS 523027 260.95 235932 02/09/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 322.18 235932 02/09/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 504.81 235932 02/09/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 322.18 235932 02/09/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 561.50 235932 02/09/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 354.81 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 69.85 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 34.16 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 22.75 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 45.29 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 34.16 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 37.34 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 34.16 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 37.34 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 40.52 235868 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 21.16 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 105.00 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 77.10 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 190.21 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 85.00 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 85.00 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 164.93 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 178.30 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 84.98 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 85.00 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 192.50 36 of 42

Page 37 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 101 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 105.66 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 69.08 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 129.70 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 191.74 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 193.20 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 67.49 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 157.95 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 95.22 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 72.26 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 118.38 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235867 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 67.49 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 400.62 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 246.57 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 208.65 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 209.29 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 242.24 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 223.22 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 535.28 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 198.67 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 442.46 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 268.41 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 284.93 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 291.73 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 295.36 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 196.37 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 219.59 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 198.02 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 446.34 235866 02/09/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 283.65 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 34.16 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 21.18 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 43.70 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 34.16 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 37.34 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 34.16 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 40.52 37 of 42

Page 38 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 102 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 42.11 235744 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 21.16 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 195.51 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 85.00 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 85.00 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 194.79 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 194.98 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 87.49 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 102.28 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 76.14 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 157.82 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 75.44 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 182.20 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 184.55 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 163.73 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 69.08 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 73.85 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 65.90 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 69.08 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 105.00 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 97.77 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 85.00 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 171.55 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 166.52 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 81.80 235743 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 193.20 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 242.69 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 232.70 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 804.23 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 266.01 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 273.18 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 228.38 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 306.99 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 195.75 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 394.16 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 202.45 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 1,205.36 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 263.28 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 323.79 38 of 42

Page 39 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 103 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 453.54 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 206.11 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 222.58 235742 01/30/2023 PRINTED 564 INDIO WATER AUTHORITY 604 BUILDINGS AND GROUNDS 523045 224.62 235906 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 322.64 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 123.17 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 226.20 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 690.50 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 492.36 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 788.25 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 316.98 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 642.82 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 127.30 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 411.73 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 330.34 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 59.03 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 1,061.73 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 260.16 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 523.66 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 154.75 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 365.44 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 531.68 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 415.41 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 260.82 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 136.29 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 275.04 235906 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 306.47 235906 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 246.99 235906 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531027 596.59 235917 02/09/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 137.36 235917 02/09/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 221.68 235721 01/30/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 62.36 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 57.59 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 103.69 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 16.64 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 31.02 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 165.75 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 126.93 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 1,488.82 235837 02/09/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 58.14 235855 02/09/2023 PRINTED 56 HIGH TECH IRRIGATION 604 BUILDINGS AND GROUNDS 531054 322.30 235739 01/30/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 115.82 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 10.85 39 of 42

Page 40 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 104 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 11.31 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 10.85 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 11.14 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 8.92 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 10.85 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 10.53 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 4.93 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 7.54 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 11.35 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 8.66 235857 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 7.79 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 110.17 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 118.19 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 27.27 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 79.65 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 36.69 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 671.68 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 75.97 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 85.31 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 29.69 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 42.77 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 14.62 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 33.54 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 136.61 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 36.69 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 16.28 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 156.58 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 29.29 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 119.94 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 42.99 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 143.53 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 102.70 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 423.92 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 131.63 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 570.56 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 57.68 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 132.24 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 27.12 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 51.07 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 16.29 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 197.47 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 67.29 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 23.69 40 of 42

Page 41 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 105 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 21.75 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 86.29 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 118.54 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 22.28 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 172.91 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 32.58 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 324.08 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 82.05 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 239.16 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 105.36 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 190.91 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 15.20 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 86.85 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 23.88 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 129.41 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 60.81 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 32.80 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 64.49 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 20.62 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 97.84 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 88.09 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 237.08 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 57.57 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 76.56 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 47.74 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 63.42 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 63.85 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 270.79 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 57.79 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 495.11 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 16.81 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 104.51 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 48.92 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 92.42 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 173.50 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 134.62 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 75.86 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 23.88 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 15.74 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 320.37 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 42.63 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 88.89 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 155.59 41 of 42

Page 42 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 106 of 487 WARRANT REGISTER 01/28/2023-02/10/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 79.90 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 14.04 235856 02/09/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 26.03 235739 01/30/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 25.22 235739 01/30/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 32.99 235739 01/30/2023 PRINTED 101 HOME DEPOT CREDIT SERVICES 604 BUILDINGS AND GROUNDS 531054 23.85 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531054 3,106.42 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531054 2,714.69 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531054 491.11 235907 02/09/2023 PRINTED 5198 NAPA AUTO PARTS 604 BUILDINGS AND GROUNDS 531054 649.29 235791 01/30/2023 PRINTED 5876 SANTANDER LEASING LLC 604 BUILDINGS AND GROUNDS 561003 25,296.60 235791 01/30/2023 PRINTED 5876 SANTANDER LEASING LLC 604 BUILDINGS AND GROUNDS 561006 1,006.30 604 Total 202,385.54
235902 02/09/2023 PRINTED 3249 MITCHELL1 605 FLEET MAINTENANCE 523036 2,460.00 235727 01/30/2023 PRINTED 551 FERRELLGAS 605 FLEET MAINTENANCE 531030 1,246.70 235727 01/30/2023 PRINTED 551 FERRELLGAS 605 FLEET MAINTENANCE 531030 1,327.21 235792 01/30/2023 PRINTED 7680 SC FUELS 605 FLEET MAINTENANCE 531030 293.93 235772 01/30/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 456.00 605 Total 5,783.84
600 01/31/2023 WIRE 7630 US BANK NA 870 RDA TAX ALLOCATION BONDS 561006 233,149.24 601 01/31/2023 WIRE 7630 US BANK NA 870 RDA TAX ALLOCATION BONDS 561006 559,586.31 602 01/31/2023 WIRE 7630 US BANK NA 870 RDA TAX ALLOCATION BONDS 561006 316,787.73 870 Total 1,109,523.28
Grand Total 6,759,830.91
42 of 42

Page 43 of 43 ends

AGENDA ITEM #10.2
City Warrants from 01.28.23 thru 02.10.23 (Rob Rockwell, Assistant City ...Page 107 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: IWA Warrants from 01.19.23 thru 01.31.23

ATTACHMENTS:

IWA Warrants Period 01.19.23 to 01.31.23

APPROVAL(S):

Brian Kinder, Finance Manager Approved - 01 Feb 2023

AGENDA ITEM #10.3
IWA Warrants from 01.19.23 thru 01.31.23 (Rey Trejo, IWA General Manager... Page 108 of 487 .,.__.=_.___,..&:E______E__¢,__.n
II 1..IlIl.1..l llIl...IIIl. rl IIII I....l.-......1r
M_m__W_._W__.,#
____._._._==__E___:____=..__.___==_=.___."-.5__:=._:_=._____._HEE._E_:..___=... %_
..__w.2.H
_=
M
.
.EE__w_?_W___m$__w_m_%_
m—_=__—=—._.-..-E.-._E.=_-E.._.--_.-._._.-_.
mE=_*_m_EEw_Em__#=_H_m_E.:=uE.._===:_..__:..__:.:___:_. -Il'--I-|'|
_
CHECKNUMBERCHECKDATE1716601/19/20231716601/19/20231716601/19/20231716601/19/20231716701/19/20231716801/19/20231716901/19/20231716901/19/20231717001/19/20231717001/19/20231717101/19/20231717101/19/20231717101/19/202317171-' 01/19/20231717201/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/20231717301/19/2023 IW AWarrantRegister-Period1/19/23through1/31/23
VENDORNUMBERVENDORNAME6969696969696969700970607801780176007600603603603603223223223223223223223223223223223223223223223223223223223223223223223

AMAZONCAPITALSERVICESAMAZONCAPITALSERVICESAMAZONCAPITALSERVICESAMAZONCAPITALSERVICESAMERICANW ATERWORKSASSOCIATIONATWORKFRANCHISEINCBELLBURNETT&ASSOCBELLBURNETT&ASSOCCACONSULTINGSERVICESLLCCACONSULTINGSERVICESLLCCDWGOVERNMENTCDWGOVERNMENTCDWGOVERNMENTCDWGOVERNMENTCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIOCITYOFINDIO Page1of4
ORG8106715810671581067158106715810671181067148106711810810671681281067158106715810671581067158108106711810671681067168106716810671681067158106715810671481067148106714810671481067138106713810671381067138106712810671281067128106712810671181067118106711 OBJECT531060531060531060531060524028521064521064103045521064554002531060555011555011555011210025540015571011571007571005571003571011571007571011571007571005571003571011571007571005571003571011571007571005571003571011571007571005 FULLACCOUNT810-00-00-6715-000-531060-810-00-00-6715-000-531060-810-00-O0-6715-000-531060-810-00-00-6715-O00-531060-810-00-00-6711-000-524028-810-00-00-6714-000-521064-810-O0—00-6711-000-521064-810-00—00-0000-00O-103045-810-00-00-6716-000-521064-812-O0-00-0000-000-554002-810-00-00-6715-0O0-531060-810-00-00-6715-000-555011-810-00-00-6715-000-555011-810-00-00-6715-000-555011-810-00-00-0000-000-210025-810-00-O0-6711-000-540015-810-00-00-6716-000-571011-810-00-00-6716-000-571007-810-00-00-6716-000-571005-810-00-00-6716-000-571003-810-00-00-6715-000-571011-810-00-00-6715-000-571007-810-O0-00-6714-O00-571011-810-00-00-6714-O00-571007-810-00-00-6714-000-571005-810-00-00-6714-000-571003-810-00-00-6713-000-571011-810-00-O0-6713-O00-571007-810-00-00-6713-000-571005- 810-00-00-6713-000-571003-
810-00-00-6712-000—571011-
810-00-00-6712-000-571007-810-00-00-6712-000-571005-
810-00-00-6712-O00-571003-
810-00-00-6711-000-571011-
810-00-00-6711-000-571007-
810-00-00-6711-000-571005-
$S$$$$$$5$5$$$$$SS$$$$$$$$$$$S5SS$$$$
AMOUNT32.07224.0138.01179.872,900.00896.621,250.001,250.004,650.004,225.0047.261,515.21681.621,819.30105,312.40775.00589.002,229.002,105.008,814.00263.0020,266.004,926.003,715.003,509.0014,690.0017,389.007,244.006,842.0028,646.0010,367.002,415.002,281.009,549.0058.003,770.003,561.00

Page 2 of 5 ends

AGENDA ITEM #10.3
IWA Warrants from 01.19.23 thru 01.31.23 (Rey Trejo, IWA General Manager...Page 109 of 487 EEEE:_E___=._E_=_.._::._
I fl II If IIIL. fl 1'.-- II II -II II.-III: I I
__*__._W___W_:_2%_En.=__=_,_E.____:E_?=_.__,.__2.5..==_=.___E____:..E&_.___._m?gmE_m___mm_".,L:__m A
. MH.r I%..____E_.____._E
m._....._.m.._+_u......._.._u..I.v.um
=%m_mm_E_EE_=m_?h__?_3.:::._.::..._w=:...1:.,____=...=.= IW AWarrantRegister-Period1/19/23through1/31/23
CHECKNUMBERCHECKDATEVENDORNUMBERVENDORNAME ORGOBJECTFULLACCOUNTAMOUNT1717301/19/2023223 CITYOFINDIO 8106711571003810-O0-00-6711-000-571003-S14,911.001717301/19/2023223 CITYOFINDIO 8106716521036810-00-00-6716-000-521036-S32,669.111717301/19/2023223 CITYOFINDIO 8106714521036810-00-00-6714-O00-521036-S74,337.361717301/19/2023223 CITYOFINDIO 8106713521036810-00-00-6713-000-521036-S153,613.921717301/19/2023223 CITYOFINDIO 8106712521036810-00-00-6712-000-521036-S73,148.801717301/19/2023223 CITYOFINDIO 8106711521036810-00-00-6711-000-521036-S72,346.981717401/19/2023575 COACHELLAV ALLEYW ATER8106711521088810-00-00-6711-000-521088-S99,506.091717501/19/20237071 CORONAENVIRONMENTALCONSULTINGLLC8106712521064810-00-00-6712-000-521064-S10,090.641717601/19/20236989 D&HW ATERSYSTEMS,INC. 8106712531054810-00-00-6712-000-531054-S1,740.981717701/19/20237102 DATUMPININC. 8106712521064810-00-00-6712-000-521064-S1,260.001717801/19/2023320 DESERTREDI-MIX8106713531054810-00-00-6713-000-531054-S237.331717901/19/20236981 EUROFINSEATONANALYTICAL8106712521064810-00-00-6712-00O-521064-S1,042.001717901/19/20236981 EUROFINSEATONANALYTICAL8106712521064810-00-00-6712-000-521064-S897.001717901/19/20236981 EUROFINSEATONANALYTICAL8106712521064810-00-O0-6712-000-521064— S4,208.001717901/19/20236981 EUROFINSEATONANALYTICAL8106712521064810-00-00-6712-000-521064-S105.001717901/19/20236981 EUROFINSEATONANALYTICAL8106712521064810-00-00-6712-000-521064-S9.001718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106712531054810-00-00-6712-000-531054-S268.951718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106712531054810-00-00-6712-000-531054-S85.411718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106713531075810-00-00-6713-000-531075-S1,966.201718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106713531054810-00-00-6713-000-531054-S590.061718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106712531054810-00-00-6712-000-531054-S110.101718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106713531075810-00-00-6713-O00-531075- S456.751718001/19/2023292 FERGUSONENTERPRISES,LLC.#13508106713531054810-00-00-6713—000-531054- S1,739.781718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-000-531009-S751.561718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-000-531009-S751.561718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-000-531009-S876.821718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-000-531009-S501.041718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-0O0-531009-S1,252.611718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-000-531009- S626.301718101/19/20237058 HASA,INC. 8106712531009810-00-00-6712-000-531009— S1,127.341718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S18.451718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S33.481718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060— S337.161718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S249.041718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S16.291718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-O0-6712-000-531060- S22.751718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060- S10.84
Page2of4

Page 3 of 5 ends

AGENDA ITEM #10.3
IWA Warrants from 01.19.23 thru 01.31.23 (Rey Trejo, IWA General Manager...Page 110 of 487 m.n..__u__.___E:E._"mmE...._n_..__.__._.__.__
| I.rI .lIL II II Lrll.I .I rl I.III II II ILI Ir
___:_EmE_=__w_m
_.._.?=_:.:____.__==____E___:E__:_=___.+_=__._==_m=.=___=._._...=E..__EEH W *
- ._, . .Mm_Wm_w_m_m_w__W_w_..__#m_m_%_
.n-._..1__=._.—_.—=.=.§—._.=.=—-H:==+—._.—._.
_.,._u_E_$E.“_E=.__n____=_H.__*_____E_
_E_=._====.__:=:::_==:.5:

IW AWarrantRegister-Period1/19/23through1/31/23
CHECKNUMBERCHECKDATEVENDORNUMBERVENDORNAME ORGOBJECTFULLACCOUNTAMOUNT1718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712523015810-00-00-6712-000-523015-S158.941718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S23.891718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S564.241718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-O00-531060-S2.721718201/19/2023101 HOMEDEPOTCREDITSERVICES8106712531060810-00-00-6712-000-531060-S14.381718301/19/20233349 INNOV ATIVEDOCUMENTSOLUTIONS8106715531033810-00-00-6715-000-531033-S57.121718401/19/20236982 MCDONALDELECTRIC,INC. 8106712523015810-00-00-6712-000-523015-S1,599.161718501/19/20236952 ANNAMARIETHOMSON8106711521032810-00-00-6711-O00-521032-S129.411718601/19/20236952 ARACELIARVIZU 8106711521032810-00-00-6711-000-521032-S2,790.001718701/19/20236952 BRUCEWEISGERBER8106711521032810-00-00-6711-000-521032-S190.341718801/19/20236952 CONNIEGORDON8106711521032810-00-O0-6711-000-521032-S1,642.001718901/19/20236952 DA VIDGARCIA 8106711521032810-00-00-6711-000-521032-S300.001719001/19/20236952 EARLCOOK 8106711521032810-00-00-6711-000-521032-S686.001719101/19/20236952 FRANKDESIMONE8106711521032810-00-00-6711-000-521032-S278.221719201/19/20236952 GILRUTTENBERG8106711521032810-00-00-6711-000-521032-S300.001719301/19/20236952 GLORIAJAUREGUI8106711521032810-00-00-6711-000-521032—S300.001719401/19/20236952 JAMESRAYCOLLINS8106711521032810-00-00-6711—000-521032- S129.411719501/19/20236952 JERRYMICHAUD8106711521032810-00-00-6711-000-521032-S118.541719601/19/20236952 JOANTHOMSON8106711521032810-00-00-6711-000-521032-S150.001719701/19/20236952 LINDATOOP 8106711521032810-00-00-6711-000-52l032-S1,308.001719801/19/20236952 RHIANNONLSMITH 8106711521032810-00-O0-6711-0O0-521032-S1,918.001719901/19/20236952 VERONICALOPEZ 8106711521032810-00-00-6711-000-521032-S258.831720001/19/20235198 NAPAAUTOPARTS 8106712531054810-00-00-6712-000-531054-S974.151720001/19/20235198 NAPAAUTOPARTS 8106713531060810-00-00-6713-000-531060-S535.751720001/19/20235198 NAPAAUTOPARTS 8106712531057810-00-00-6712-000-531057-S7.351720001/19/20235198 NAPAAUTOPARTS 8106713523015810-00-00-6713-000-523015-S22.361720001/19/20235198 NAPAAUTOPARTS 8106712531060810-00-00-6712-000-531060-S238.781720001/19/20235198 NAPAAUTOPARTS 8106712531057810-00-00-6712-000-531057-S4.021720001/19/20235198 NAPAAUTOPARTS 8106713523015810-00-00-6713-000-523015-S30.451720001/19/20235198 NAPAAUTOPARTS 8106713531054810-00-00-6713-000-531054-S2.871720001/19/20235198 NAPAAUTOPARTS 8106712531054810-00-00-6712-000-531054-S4.401720001/19/20235198 NAPAAUTOPARTS 8106712531054810-00-00-6712-000-531054-51.591720101/19/20236912 PITNEYBOWES 8106715524024810-00-00-6715-000-524024-S146.291720201/19/20236979 ROBERTHALF 8106714521064810-00-00-6714—000—521064-S1,453.441720301/19/20237034 SUPERION,LLC 8106714521016810-00-00-6714-000-521016-S150.001720401/19/20236996 SWRCB-DWOCP8106713531066810-00-00-6713-000-531066-S105.001720401/19/20236996 SWRCB-DWOCP8106713531066810-00-00-6713-000-531066-S120.00 Page3of4

Page 4 of 5 ends

AGENDA ITEM #10.3
IWA Warrants from 01.19.23 thru 01.31.23 (Rey Trejo, IWA General Manager...Page 111 of 487 CHECKNUMBERCHECKDATE1720517205172061720617207
01/19/202301/19/202301/19/202301/19/2023O1/23/2023
IW AWarrantRegister-Period1/19/23through1/31/23
VENDORNUMBERVENDORNAME7339 TIMMONSGROUP7339 TIMMONSGROUP78 TOPSNBARRICADES78 TOPSNBARRICADES8103 URBANW ATERINSTITUTE,INC.

Approvedby
Date:

Page4of4
ORG81067158106715810671381067138106711
OBJECT521064521064531057531057524028
BrianM.Kinder
FULLACCOUNT810—0O-00-6715-000-521064-810-00-00-6715-000-521064-810-00-O0-6713-000-531057-810-00-00-6713-000-531057-810-O0-O0-6711-000-524028-Total ManagerofFinanceandCustomer ServiceFebruary1,2023
mwmmm
AMOUNT18,227.603,650.2588.41564.201,390.00871,576.18

Page 5 of 5 ends

AGENDA ITEM #10.3
IWA Warrants from 01.19.23 thru 01.31.23 (Rey Trejo, IWA General Manager...Page 112 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Resolution No. 10342 to authorize entering into a not to exceed $461,328 funding agreement with the State Water Resources Control Board (SWRCB) and designate an agency representative to provide service connection to the Elms Mobile Park Consolidation (Project)

RECOMMENDATION:

Adopt the Resolution of the City Council/Indio Water Authority authorizing the Indio Water Authority (IWA) to enter into a not to exceed $461,328 funding agreement with the State Water Resources Control Board (SWRCB) and designate an agency representative for the Project

SUMMARY:

IWA was initially contacted by the SWRCB on September 23, 2021, with an inquiry about consolidation of a State Small Water System (SSWS) known as Elms Mobile Park (EMP), due to lack of adequate horsepower, water quality concerns, and distribution line inad equacies. SWRCB is requesting permanent water connection for these customers and consolidation of SSWS into the IWA service area. IWA recently resumed discussions with the SWRCB about this consolidation project. The grant funding for the Project was approved by the SWRCB on January 20, 2023 in the amount of $461,328.

The term of the Project is January 20, 2023, through July 30, 2023. The Resolution would designate the Executive Director as the IWA agency representative to enter into a funding agreement with the SWRCB to complete the Project.

BACKGROUND INFORMATION:

The State Small Water System Elms Mobile Park (SSWS) is located at 81271 Indio Blvd, in Indio, and has 48 connections, including a laundry room, on an approximate 1.3-acre lot. A new owner took over EMP this past April 2021. The water system has one active well, a 5,000-gallon storage tank, a booster pump and four hydro pneumatic tanks. IWA was contacted by the SWRCB on September 2021 to complete the Urgent Drinking Water Needs Funding Applicatio n on behalf of SSWS. Since the subsuming system will be dissolved, SSWS cannot be the recipient of the grant for the improvements; the grant recipient in this instance will be IWA. When the Project is complete, Local Primacy Agency - Riverside County will dissolve SSWS as a regulated water system. Once the SSWS has been consolidated, IWA will assume operational and production responsibilities associated with providing safe and reliable drinking water to these residents.

At the request of SWRCB, IWA will need to enter into a funding agreement with the SWRCB for SSWS. As part of the application process, staff is seeking adoption of Resolution No. 10342, AGENDA ITEM #10.4
Resolution No. 10342 to authorize entering into a not to exceed $461,328... Page 113 of 487 authorizing the IWA Executive Director or designee to enter into the funding agreement with the SWRCB. The Resolution is included as Attachment 1 for reference.

The scope of work is not subject to CEQA requirements.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$461,328.00 In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Community Infrastructure
Source of funds: 812 Fund-Org-Object
Reference:
812-554002

Additional Financial Details:

The SWRCB will cover related costs for the emergency service connection and consolidation efforts through approved grant funding. Any Project related costs that occur between January 20, 2023 through July 30, 2023 can be reimbursed. However, no invoices ca n be paid by the SWRCB until a final agreement has been signed and executed by both parties.

Given the project timeframe overlaps two fiscal years (i.e. current and next fiscal year), it is anticipated that reimbursement funding will be received next fiscal year, at the earliest. As such, funding from the Capital Improvement Program Fund 812 is available to initially cover this project cost since other projects are deferred.

ALTERNATIVES:

Not adopt the resolution.

ATTACHMENTS:

Attachment 1 - Resolution No. 10342 - Elms Mobile Park Consolidation Project

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 01 Feb 2023 Steven Graham, City Attorney Approved - 01 Feb 2023
Brian Kinder, Finance Manager Approved - 01 Feb 2023
Bryan H. Montgomery, City Manager Approved - 07 Feb 2023

Page 2 of 4 ends

AGENDA ITEM #10.4
Resolution No. 10342 to authorize entering into a not to exceed $461,328... Page 114 of 487 1 RESOLUTION NO. 10342

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO AND

THE INDIO WATER AUTHORITY TO AUTHORIZE ENTERING INTO A
NOT TO EXCEED $461,328 FUNDING AGREEMENT WITH THE STATE

WATER RESOURCES CONTROL BOARD AND AUTHORIZING AND

DESIGNATING A REPRESENTATIVE FOR THE ELMS MOBILE PARK

CONSOLIDATION (PROJECT)
WHEREAS, the Indio Water Authority has submitted an application to the State Water Resources Control Board to fund the Elms Mobile Park Consolidation (Project) which includes a service connection and system consolidation; and WHEREAS, prior to the State Water Resources Control Board executing a funding agreement, Indio Water Authority is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of Indio Water Authority, and to carry out other necessary Project-related activities.

NOW, THEREFORE, THE CITY COUNCIL AND THE INDIO WATER

AUTHORITY BOARD DO HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.The Indio Water Authority is hereby authorized to carry out the Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project; and
Section 2. The funding amount for the Project shall not exceed $461,328; and Section 3. The Executive Director, or designee, is hereby authorized and designated to sign, for and on behalf of Indio Water Authority, the funding agreement for the Project and any amendments thereto; and
Section 4. The Executive Director, or designee, is hereby authorized and designated to represent the Indio Water Authority in carrying out Indio Water Authority's responsibilities under the funding agreement, including certifying invoices and disbursement requests for Project costs on behalf of Indio Water Authority and compliance with applicable state and federal laws; and
Section 5. Any and all actions, whether previously or subsequently taken by Indio Water Authority, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved and confirmed. / / /
/ / /

Page 3 of 4 ends

AGENDA ITEM #10.4
Resolution No. 10342 to authorize entering into a not to exceed $461,328... Page 115 of 487 2 PASSED, APPROVED AND ADOPTED this 15th day of February, 2023. ________________________

OSCAR ORTIZ

MAYOR / PRESIDENT
ATTEST:
_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK / SECRETARY

Page 4 of 4 ends

AGENDA ITEM #10.4
Resolution No. 10342 to authorize entering into a not to exceed $461,328... Page 116 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Testing Services at the Public Safety Campus project for $115,000 plus a 10% contingency for a not to exceed amount of $126,500, and determining that said action Section to pursuant exemption for common the qualifies sense 15061(b)(3) of the C alifornia Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

RECOMMENDATION:

Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Testing Services at the Public Safety Campus project for $115,000 plus a 10% contingency for a not to exceed amount of $126,500; in the form approved by the City Attorney and authorize the City Manager to execute the Agreement; and determining that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a signif icant effect on the environment.

SUMMARY:

In April 2022, the City awarded a contract to LandMark Consultants, Inc. for construction testing services as part of the Public Safety Campus. This contract amount was determined upon pre - construction estimates however based upon the contractor's schedule and actual site conditions, it is now evident an addendum is required to fully complete the job and remain on schedule. The City, the contractor, and LandMark are in unison that no additional addendums shall be necessary. The following scope of work is an ticipated for this project: Soil Compaction Testing, Concrete & Rebar Inspection, and Testing Field Welding & HSB Inspection. LandMark is local company here in the Coachella Valley.

BACKGROUND INFORMATION:

LandMark Consultants, Inc. is a consulting firm which provides services in Soils and Materials Engineering, Fault and Seismic Studies, and Construction Materials Testing. They are a small engineering firm in the geosciences and has established offices/laboratories in Palm Desert and El Centro, CA. LandMark Consultants, Inc. is 100% MBE owned (American Indian Cherokee Nation) firm as certified by State of California, Department of Transportation (CAL TRANS). Their facilities are certified by State of California DSA and CAL TRAN, and accredited by American Association of State Highway and Transportation Officials (AASHTO). The following scope of work is anticipated for this project:

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 117 of 487 • Geotechnical of The Record - Pre Construction Consulting • Rough Grading Observation & Testing
• Compaction Testing of Utility Trench Backfill • Compaction Testing of Curb/Gutter Subgrade • Compaction Testing of Subgrade and Basegrade • Compaction Testing Driveway Approaches & Sidewalk • Compaction Testing during Asphalt Concrete Laydown • Footing Inspection
• Concrete Inspection & Testing
• Masonry Inspection & Testing
• Nailing Inspection for Shear Wall
• Field Welding & HSB Inspection
• Ultrasonic Inspection (Level II)
Worth mentioning is that LandMark has been an incredible partner on the Public Safety Campus project. They continue to provide invaluable information and remain extremely responsive to the demands of this project's aggressive schedule and demands.

Their services as described above will be provided for a budget fee of $115,000, plus a 10% contingency will be provided on time and materials basis in accordance with the rates set forth in the attached 2022 to 2024 Prevailing Wage fee schedule.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$63,250 In current year budget: Yes
Current FY General
Fund Impact:
$63,250 Budget adjustment: No
Next FY Financial
Impact:
$63,250 Strategic Objective: Public Safety
Source of funds: General Fund (Measure X) Fund-Org-Object Reference:
331-553005

ALTERNATIVES:

Modify the addendum to LandMark Consultants, Inc.

ATTACHMENTS:

Attachment 1 - Landmark Addendum No.1

APPROVAL(S):

Steven Graham, City Attorney Approved - 09 Feb 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Pending Hector Orozco, Senior Accountant Pending
Hernan Vargas, Accountant Pending
Samantha Lopez, Finance Manager Pending

Page 2 of 7 ends

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 118 of 487 LANDMARKGeo-EngineersandGeologisaMBECompany
December30,2022
Mr.ScottTrujilloDeputyCityManagerforCityofIndio100CivicCenterMallIndio,CA92201 Subject:ConstructionTestingServices
— AddendumNo.1CityofIndioPublicSafetyCampusIndio,CaliforniaLCIProposalN0.:LP21260T DearMr.Trujillo
Thefollowingscopeofworkisanticipatedforthisproject:SoilCompactionTestingConcrete&RebarInspection&TestingFieldWelding&HSBInspection 780N.4thStreetElCentro,CA92243(760)370-3000|andmark@|andmark-ca.com77-948WildcatDrivePalmDesert,CA92211(760)360-0665gchandra@|andmark«ca.com Ourservicesasdescribedabovewillbeprovidedforabudgetfeeof$115,000.00.Ourserviceswillbeprovidedonatimeandmaterialsbasisinaccordancewiththeratessetforthintheattached2022to2024PrevailingWagefeeschedule. ispleasedtoprovidecostaddendumforconstructiontestingattheproposedPublicSafetyCampusprojectinthecityofIndio,California.LandMarkConsultants,Inc. isasmallengineering?rminthegeosciences.Wehaveestablishedoffices/laboratoriesinPalmDesertandElCentro,CA.is100%MBEowned(AmericanIndianCherokeeNation)?rmascerti?edbyStateofCalifornia,DepartmentofTransportation(CALTRANS).Ourfacilitiesarecerti?edbyStateofCaliforniaDSAandCALTRANandaccreditedbyAmericanAssociationofStateHighwayandTransportationOf?cials(AASHTO).WehaveprovidedgeotechnicalconsultingandmaterialstestingandinspectionservicesintheCoachellaValleyareaofSouthernCalifornia,since1987.

LandMarkConsultants,Inc. LandMarkConsultants,Inc.

Wehaveattemptedtoberealisticindevelopingourestimateatthebeginningofthisproject;however,ourservicesaredirectlydependentuponthecontractor’sscheduleandeventswhichoccurduringthedurationoftheprojectwhichcannotalwaysbepredictedinadvance.Anychangeinthecontractor’sscheduleandsiteconditionswillimpactonourbudget,forwhichthisaddendumisprepared

Page 3 of 7 ends

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 119 of 487 Thefeespresentedarebasedonpromptpaymentforservicespresentedinourstandardinvoicingformat.Weappreciatetheopportunitytoprovidetheseservicesforthesubjectproject.Pleasefeelfreetocallmeifyouhaveanyquestions.

SincerelyYours,LandMarkConsultants,Inc.

GregM.Chandra,P.E.,M.ASCEAreaManager-PalmDesertOffice
LandMarkConsultants,Inc Page2

Page 4 of 7 ends

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 120 of 487 LANIJMAHKTGeo-EngineersandGGOIOQEa/\1&npan_y 780N.4thSreetElCenlm,(‘J\92243(760)370-3000(760)337-8900fax77-948VwldtzDrivePdmDesert.CA92211(760)360-0665(760)360-0521fax ESTATEORKSHEETCLIENT:Tilden-CoilContructorsPROJECT:PublicSafetyCampusLOCATION:Indio,CaliforniaPROPOSALNO.: LP21260TAddendumNo.:IFIELD TripsI-Irs. RateTotalSoilTechnician50400 120.00$48,000.00SoilTechnician-Overtime 60 180.00$10,800.00ICCInspector-Reba:&Conc1080 125.00$10,000.00ICCInspector-Rebar&ConcOT 24 125.00$ 3,000.00ICCInspector-FieldWelding/HSE30240 125.00$30,000.00Subtota$101,800.00LABORATORYConcreteCompressionTest 60 $ 35.00$ 2,100.00MaximumDensity/OptimumMoisture(A)4 $ 225.00$ 900.00SoilExpansion3 $ 160.00$ 480.00SoilCorrosion 3 $ 240.00$ 720.00Subtotal:$ 4,200.00PROJECTMANAGEMENT-REPORTS8%$106,000.00$ 8.480.00Subtotal:$ 8,480.00TOTAL:$114,480.00 December2022
$$$$$
@@@@@@@@@

Page 5 of 7 ends

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 121 of 487

LANIJMARK
2022to2024PREV AILINGW AGEPROFESSIONALFEESCHEDULE
OFFICESANDLABORATORIESPhoneEmailElCentro,California(760)370-3000landmark@landmark—ca.comPalmDesert,California(760)[email protected]

BASISOFCHARGES
OurliabilitytoClientforinjuryordamagetopersonsorpropertyarisingourworkperformedforClientandforwhichlegalliabilitymaybefoundtorestuponusratherthanforprofessionalerrorsandomissions,willbelimitedtoourgeneralliabilityinsurancecoverage,whichwemaintaininlimitsof$2,000,000.Foranydamageonaccountofanyerror,omission,orothernegligence,ourliabilitywillbelimitedtoasumofnottoexceed$50,000orourfeelessdirectthird-partycosts,whicheverisgreater,unlessspeci?callynegotiatedotherwise. isaconsulting?rmwhichprovidesservicesinSoilsandMaterialsEngineering,FaultandSeismicStudies,andConstructionMaterialsTesting.The?nn'sobjectivehasbeenprovidingengineeringservicesforpublicutilities,publicworksinfrastructure,residential,commercial,andindustrialprojectsintheSouthernCaliforniaareas.

LandmarkConsultants,Inc.

ListedhereinaretypicalfeesforservicesmostfrequentlyperformedbyFeesforotherservicesnotlistedwillbegivenuponrequest,aswellasspecialquotationsforprojectsinvolvingvolumeorspecialprovisions.LandmarkConsultants,Inc.

Invoiceswillbeissuedonabi—monthlybasis,oruponcompletionofaproject,whicheverissooner.Invoicesarepayablewhenreceivedunlessotherwiseagreed.Alatepaymentservicechargewillbecomputedattheperiodicrateof1.5%permonth,whichisanannualpercentagerateof18%andwillbeappliedtoanyunpaidbalancecommencing30daysafterdateoftheoriginalinvoice.

Allsamplesofsoilorrockwillbedestroyed30daysaftersubmissionof?nalreportunlesspriorarrangementsaremade.

Atwo(2)hoursminimumwillbechargedfor?eldtechnicianandthereafterin4hoursincrements.Anovertimepremiumofl.5timesthestandardratewillbechargedforallpersonnelserviceorlaboratorytestperiodsinexcessofeighthoursperdayorSaturday,and2timesthestandardrateforworkinexcessof12hoursperweekday.inexcessof8hoursonSaturdaysandalldayonSundaysorholidays.Afour(4)hoursminimumwillbechargedforallspecialinspectionservices.Perdiemwillbechargedatarateof$l50.00perdayperpersonorexpenses+10%,whicheverisgreater.Outsideserviceswillbechargedatcost+l0%unlessotherwisenoted.

CBO-Engineersard(bdogists

Page 6 of 7 ends

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 122 of 487 AdminislrationlhoiectManagement:
2022to2024PrevailingWageProfessionalFeeSchedule
Field HourlyRateTechnician(Soil/Concrete/AsphaltConcrete/pickup)$120.00CoringTechnician $120.00Inspector(ICBO/AWS/CWI)$125.00Ultrasonic(LevelII) $195.00StaffEngineer/Geologist$165.00ProjectEngineer/Geologist$190.00SupervisoryTech./OperationManager $135.00PrincipalEngineer/Geologist$225.00WordProcessor/Typist $80.00Drafting $100.00TripCharges(over50milesradius) $200.00/trip LaboratoryTest EachMax.Density— Op.Moisture(A) $225.00Max.Density— Op.Moisture(B,C,D) $250.00CheckPoint $100.00SieveAnalysis $130.00SandEquivalent $100.00DirectShear $310.00CollapsePotential $200.00SoilExpansionIndex $155.00SoilCorrosion $240.00R—Value $275.00CBR(100%Compaction) $450.00ACMaximumDensity(Marshall) $250.00ACExtraction/Gradation$300.00ConcreteCompressionTest $35.00Concrete/ACCoreCompressionTest $75.00Grout/MortarCompressionTest $40.00MixDesignReview $350.00MasonryPrismCompressionTest $175.00ReinforcingSteelTension&BendTest $190.00StructuralSteelTension&BendTest $190.00MachineTestSpecimen $cost+20% LandMarkConsultants,Inc.
8%ofField&LaboratorySubtotal
Page2

Page 7 of 7 ends

AGENDA ITEM #10.5
Approve Addendum No. 1 to LandMark Consultants, Inc. for Construction Te... Page 123 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. located at 45125 Smurr Street

RECOMMENDATION:

Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. located at 45125 Smurr Street

SUMMARY:

Downtown Indio is in the middle of a renaissance with 18 new projects under construction or planned to start in the near future. With over $200 million in public and private investments coming to Downtown, which include Indio Taproom, Italica, Gabinos Crep erie, Desert Beer, Co, Little Street Music Hall, College of the Desert campus expansion and Child Development Center, and over 110 mixed-use apartment units. The proposed lease is consistent with this long-range planning document and will stimulate new investment, create new jobs and generate additional sales tax revenues for the community. The proposed lease with Everbloom Coffee, Inc. represents another business choosing to invest in Downtown Indio. Everbloom Coffee, Inc. seeks to lease 45125 Smurr Street, Suites A and B, which account for 2,880 square feet of space. They plan to move into Downtown Indio from its current location and expand its offerings to include on-site coffee roasting and baked goods.

BACKGROUND INFORMATION:

Adopted in April 2020 th e Downtown Specific Plan created the blueprint for the revitalization of Downtown Indio. The goal of the Downtown Specific Plan is to promote economic development and revitalization to make Downtown Indio a compelling local and regional destination.

On November 16, 2022, the City Council authorized staff to negotiate a lease of the City -owned property located at 45125 Smurr Street, Suite A and Suite B consisting of 2,880 square feet of space, shown in Exhibit A.

In terms of the General Plan, the property on Smurr Street 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 a goal as part of the City's 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 is in conformance with the General Plan.

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 124 of 487

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$100,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: ARPA Fund-Org-Object
Reference:
241

Additional Financial Details:

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

Premises: The building is located at 45125 Smurr Street (Exhibit A). The property consists of a one- story building which includes Suite A and Suite B for a total of 2,880 square feet.

Permitted Use of Premises: The Premises shall open and be used solely for the operation of a coffee shop and kitchen to be open a minimum of 6 days a week.

Lease Term: The term of the Agreement is five (5) years.

Rent CommencementDate: Nine months from when the Landlord delivers the keys to the tenant.

Rent: The rent shall b e $1,440.00 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 is accepting the Premises in their current “as -is” condition, without representation Tenant of list The Improvements: or implied. or express warranty, Tenant improvements is set forth in Exhibit C to the Lease and includes two types of improvements. The first is the Tenant’s initial improvements that are paid for by the Tenant with their own capital. The second type of improvements are those paid for with the tenant improvement allowance. All tenant improvements are subject to review and approval by the City.

Prevailing Wages: In making the tenant improvements, the Tenant shall comply with the prevailing wage laws.

Possessory Interest Taxes and Utilities: Tenant shall be responsible for the payment 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 is providing the Tenant with a tenant improvement allowance of One -Hundred Thousand Dollars ($100,000) that will be utili zed for the actual costs of design and construction of certain Improvements as described in Exhibit C.

Page 2 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 125 of 487 ATTACHMENTS:

Commerical Lease Agreement with Everbloom

APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 06 Feb 2023 Steven Graham, City Attorney Approved - 06 Feb 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 06 Feb 2023 Bryan H. Montgomery, City Manager Approved - 07 Feb 2023

Page 3 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 126 of 487

CITY OF INDIO COMMERCIAL LEASE AGREEMENT
SINGLE-TENANT – 45125 SMURR STREET (SUITES A & B)

This Commercial Lease Agreement (“Lease”), dated the _____ day of _______________, 20__, for reference purposes only, is made by and between the CITY OF INDIO , a California municipal corporation (“Landlord”), and EVERBLOOM COFFEE, INC, a California Corporation (“Tenant”). Landlord and Tenant are sometimes referred to in this Lease individually as a “Party”, and collectively as “Parties.”

ARTICLE I
PREMISES; EFFECTIVE DATE; TERM; MONTHLY RENT; DEPOSIT; USE;

TENANT IMPROVEMENTS

1.1 Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, in accordance with the terms and conditions of this Lease, space within a building located at 45125 Smurr Street in Indio, California, 92201, identified as “Suite A” and “Suite B ,” approximately located as shown by the shaded area and arrow on Exhibit “A” entitled “Lease Plan” (“Premises”).

1.2 Effective Date. This Lease shall not become effective until it has been approved by the governing body of Landlord and executed by the Parties (“Effective Date”).

1.3 Term. The lease Term shall commence on the first day following the expiration of the Due Diligence Period (“Commencement Date”) and continue for a period of five (5) years thereafter and shall expire at 11:59 p.m. on the last day of the Term (“Expiration Date”) unless terminated earlier pursuant to provisions herein.

1.4 Due Diligence Period . Notwithstanding anything herein to the contrary, Tenant shall have a period of nine (9) months from the Effective Date of the Lease (“Due Diligence Period”) to conduct due diligence activities, including making all Tenant Improvements, conducting any inspections, testing, investigations, studies, obtaining of permits, variances and approvals that are reasonably necessary to build and o perate the Premises as a full-service coffee shop. Tenant shall have a right of access to the Premises during the Due Diligence Period. Tenant acknowledges that all of the terms and conditions of this Lease shall apply during the Due Diligence Period, incl uding, without limitation, the insurance and indemnification requirements herein. Tenant shall promptly repair any and all damage to the Premises caused by the inspections, testing, investigations, and studies permitted by this Section. Parties may extend the Due Diligence Period by written amendment to this Lease.

1.5 Monthly Rent. On the Commencement Date , and on the first day of the month each month after the Commencement Date, Tenant shall pay to Landlord One Thousand Four Hundred Forty Dollars ($1,440.00) as Monthly Rent. Monthly Rent shall be paid in the matter specified in Section 3.1 of this Lease, entitled “Payment of Rent.” Tenant shall not be required to pay monthly rent during the Due Diligence Period (“Rent Abatement”).

Page 4 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 127 of 487

2 1.6 Security Deposit. Tenant shall deposit with Landlord a security deposit for the Premises in the amount of Three Thousand Dollars ($3,000) (“Deposit”). The Deposit shall be subject to the terms and conditions contained in Section 3.3 of this Lease.

1.7 Permitted Use. Tenant agrees to use the Premises for the following purpose(s), and for no other purpose: Full-Service Coffee Shop.

1.8 Tenant Improvements.

Landlord shall grant to Tenant an allowance of up to One Hundred Thousand Dollars ($100,000) (“Tenant Improvement Allowance”) for the construction of improvements, as set forth in the Schedule of Performance in Exhibit “C,” attached hereto and incorporated herein (“Tenant Improvements”), as follows:

A. Twenty-Five Percent: Twenty-Five Thousand Dollars ($25,000) upon the issuance of building permits.

B. Sity-Five Percent: An amount not to exceed Sixty-Five Thousand Dollars ($65,000) upon receipt by Landlord of “adequate documentation” of Tenant’s expenses for Tenant Improvements, not to be paid more often than monthly.

C. Ten Percent: Ten Thousand Dollars ($10,000) upon thirty (30) days of opening, provided all lien releases are in place and are approved by Landlord in its sole and absolute discretion.

As used in subsection B ab ove, “adequate documentation” of Tenant’s expenses for the construction of the Tenant Improvements shall consist of signed invoices and/or receipts from vendors, contractors, and/or subcontractors for services, product, and/or supplies rendered/provided, o r to be rendered/provided with respect to the construction of the Tenant Improvements.

ARTICLE II
CONDITION OF PREMISES; DELIVERY OF PREMISES

2.1 Condition of Premises . Tenant has examined the Premises and agrees to take possession of the Premises in an “as is” condition. Tenant hereby acknowledges: (a) that it has been advised to satisfy itself with respect to the condition of the Premises (including but not limited to the electrical and fire sprinkler systems, security, environmental aspects, seismic and earthquake requirements, and compliance with the Americans with Disabilities Act), and applicable zoning, municipal, county, state and federal laws, or dinances and regulations and any covenants or restrictions of record (collectively “Applicable Laws”) and the present and future suitability of the Premises for Tenant’s intended use; (b) that Tenant has made such investigation as it deems necessary with r eference to such matters, is satisfied with reference thereto, and assumes all responsibility therefore as the same relate to Tenant’s occupancy of the Premises and/or the terms of this Lease; and (c) that neither Landlord, nor any of Landlord’s agents, ha s made any oral or

Page 5 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 128 of 487

3 written representations or warranties with respect to said matters other than as set forth in this Lease.

As required by California Civil Code No 1938, an ADA Survey has not been conducted by a Certified Access Specialist for the Premis es. A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, Landlord may not prohibit Tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of Tenant, if requested by 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.

2.2 Delivery of Premis es. Landlord agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Tenant within ten (10) days of the Effective Date.

If, despite said efforts, Landlord is unable to deliver possession as agreed, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease. Tenant shall not, however, be obligated to provide Monthly R ent or perform any other obligations under this Lease, until it receives possession of the Premises.

2.3 Landlord Access . Landlord, and its authorized agents, representatives, and employees, may enter the Premises at any time in case of emergency, and otherwise at reasonable hours, with advanced written notice to: (i) inspect the Premises; (ii) exhibit the Premises to prospective purchasers, lenders, insurers or tenants; (iii) determine whether Tenant is complyi ng with all its obligations hereunder; (iii) take possession due to any uncured, material breach of this Lease in the manner provided herein; (iv) perform any covenants of Tenant which Tenant fails to perform; and (v) repair, alter, or improve the Premises or any portion of the Premises, and may for such purposes erect, use and maintain scaffolding, pipes, conduits , and other structures in and through the Premises where reasonably required by the nature of the work to be performed; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference with the operation of Tenant’s business as reasonably possible.

Tenant hereby waives any claim for damages, including but not limited to interference w ith business, lost profits, and any other incidental or consequential damages of any sort whatsoever, for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occa sioned by such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in or about the Premises (excluding Tenant’s vaults, safes, and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof.

No provision of this Lease shall be construed as obligating Land lord to perform any repairs, alterations, or improvements except as otherwise expressly agreed to be performed by Landlord in this Lease.

Page 6 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 129 of 487

4 2.4 Vehicle Parking. Intentionally Omitted

ARTICLE III
PAYMENT OF MONTHLY RENT; SECURITY DEPOSIT; LATE CHARGES

3.1 Payment of Rent. Monthly Rent shall be paid in advance on or before the first calendar day of each month during the Term. If the Term commences on a calendar day other than that first calendar day of the month or ends on a calendar day other than that last calendar day of a calendar month, then Monthly Rent will be appropriately prorated by Landlord based on the actual number of calendar days in such month. If the Term commences on a calendar day other than the first calendar day of a calendar month, then the prorated Mont hly Rent for such month shall be paid on or before the first calendar day of the Term. Monthly Rent shall be paid to Landlord without written notice or demand, and without offset, in lawful money of the United States of America at Landlord' s address, or t o such other address as Landlord may from time to time designate in writing.

3.2 Rent Adjustment and Improvements . In consideration of Rent Abatement provided for in section 1. 5 hereof and the Tenant Allowance provided for in section 1.8 , Tenant will, at its sole cost and expense, design and perform Tenant Improvements necessary to operate a full-service coffee shop. All changes to the Tenant Improvements are subject to the City’s written approval.

3.3 Security Deposit. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions related to the payment of Monthly Rent, Landlord may use, apply, or retain all or any part of the Deposit for the payment of rent, any other sum in default, or for the payment of any other amount Landlord may spend or become obligated to spend by reason of Tenant' s default, or to compensate Landlord for any other loss or damage Landlord may suffer by reason of Tenant' s default. If any portion of the Deposit is so used, applied, or retained, Tenant shall with five (5) calendar days after written demand deposit cash with the Landlord in an amount sufficient to restore the Deposit to its original amount. Landlord shall not be required to keep the Deposit separate from its general funds, and Tenant shall not be entitled to any interest earned on the Deposit. The Deposit shall not be deemed a limitation on Landlord' s damages or a payment of liquidated damages or a payment of rent due for the last month of the Term.

A. Tenant specifically waives the provisions of California Civil Code Section 1950 which provides that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage c aused by Tenant, or to claim the Premises. Landlord and Tenant agree that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omissions of Tenant or Tenant's officers, agents, employees.

B. If Tenant faithfully and timely performs every provision of this Lease to be performed by it, the Deposit or balance of the Deposit shall be returned to Tenant within sixty (60) calendar days after the expiration of the Term. Landlord may deliver the funds deposited under this Lease by Tenant to the purchaser of the Premises in the event that the Premises is sold, and after such time, Landlord shall have no further liability to Tenant with respect to the Deposit.

Page 7 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 130 of 487

5 3.4 Late Charges. Tenant hereby acknowledges that late payment by Tenant of the Monthly Rent or any other sums due und er this Lease will cause Landlord to incur costs not contemplated by this Lease. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed upon Landlord by the terms of any mortgage or trust deed co vering the Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Tenant under this Lease, shall not be paid within ten (10) days after the time set forth in this Lease for payment thereof, Tenant shall thereupon pay to Landlord a late charge equal to ten percent (10%) of the overdue amount. Landlord and Tenant agree that this late charge represents a reasonable sum considering all of the circumstances existing on the date of this Lease, including the relationship of the sum to the loss to Landlord that could be reasonably anticipated by such nonpayment by Tenant and the anticipation that proof of actual damages sustained by Landlord would be costly or inconvenient to determine. Landlord and Tenant agree that such late charge sh all in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord at law, in equity, or under this Lease. Landlord, at its option, may deem any such overdue amounts and/ or late charges so unpaid to be owing, nonpayment of which shall, in addition to any other rights and remedies available to Landlord, give rise to those rights and remedies of Landlord set forth in Section 12.2 of this Lease.

ARTICLE IV
USE; COMPLIANCE WITH LAWS; NON-DISCRIMINATION

4.1 Use. The Premises shall be used only for the purposes set forth in Section 1.7 and purposes incidental to that use and in accordance with the General Rules and Regulations attached hereto as Exhibit “B.” Tenant shall use the Premises in a careful, safe, and proper manner and shall not use the Premises for any disreputable business o r purpose. Tenant shall not use or permit the Premises to be used or occupied for any purpose or in any manner prohibited by any applicable law, ordinance order, rule, regulation, or other governmental requirement. Tenant shall not commit waste or suffer or permit waste to be committed in, on, or about the Premises. Tenant shall conduct its business and control its employees, agents , and invitees in such a manner so as not to create a nuisance or a risk of fire or other hazard, or that would violate, suspend, void, or increase the rate of fire or liability or any other insurance of any kind at any time carried by Landlord upon the Premises.

4.2 Signs. Any signs to be installed by Tenant shall be subject to the prior written approval of Landlord and shall be installed by a sign contractor approved by Landlord. All required permits for signs shall only be obtained by the approved sign contractor who shall also be responsible for compliance with all applicable codes. Tenant sha ll be responsible for payment of all sign costs including installation costs, permits and costs to repair the Premises resulting from the installation or removal of such sign.

4.3 Compliance with Laws. Tenant shall comply with all applicable laws, ordinances, orders, rules, regulations, and other governmental requirements relating to the use, condition , or occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in a proceeding brought against it by any governmental entity that Tenant has violated any such governmental requirement shall be conclusive as be tween the Landlord and the Tenant

Page 8 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 131 of 487

6 and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Lease by Landlord.

4.4 Compliance with Environmental Laws. Tenant and the Premises shall remain in compliance with all applicable laws, ordinances, orders, rules and regulations regulating, relating to, or imposing liability of standards of conduct concerning any Hazardous Materials, or pertaining to occupational health or industrial hygiene, occupational or environmental conditions on, under, or about the Premises, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liabil ity Act of 1980 (“CERCLA”) [42 USC Section 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (“RCRA”) [42 USC Section 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (“FWPCA”) [33 USC Section 1251 e t seq.]; the Toxic Substances Control Act (“TSCA”) [15 USC Section 2601 et seq.]; the Hazardous Materials Transportation Act (“HMTA”) [49 USC Section 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USC Section 6901 et seq.] the Clean Air Act [42 USC Section 7401 et seq.]; the Safe Drinking Water Act [42 USC Section 300f et seq.]; the Solid Waste Disposal Act [42 USC Section 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USC Section 101 et seq.] the Emergency Planning and Community Right to Know Act [42 USC Section 11001 et seq.]; the Occupational Safety and Health Act [29 USC Section 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C Section 25288 et seq.]; the California Hazardous Substances Account Act [H & S C Section 25300 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C Section 24249.5 et seq.] the Porter-Cologne Water Quality Act [Water Code Section 13000 et seq.] together with any amendments of or regulat ions promulgated under the statutes cited above and any other federal, state or local law, ordinance, order, rule or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent the occupation al health or industrial hygiene laws, ordinances, or regulations relate to hazardous substances on, under , or about the Premises, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water , or la nd use (“Environmental Laws”).

A. Tenant shall immediately notify Landlord in writing and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports , or notices relating to the condition of the Premises or co mpliance with Environmental Laws. Tenant shall promptly cure and have dismissed with prejudice and of those actions and proceedings to the satisfaction of Landlord. Tenant shall keep the Premises free of any lien imposed pursuant to and Environmental Law.

B. For the purpose of Section 4.4, the term “Hazardous Materials” shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous wastes,” “extremely hazardous wastes,” or “restric ted hazardous wastes,” or stated to be known to cause cancer or reproductive toxicity, under any Environmental Law. Tenant shall not permit to occur any release, generation, manufacture, storage, treatment, transportation, or disposal of any Hazardous Mate rials. Tenant shall promptly notify Landlord in writing if Tenant has or acquires notice or knowledge that any Hazardous Materials have been or are threatened to be released, discharged, disposed of, transported, or stored on, in, under, or from the Premises; and if any Hazardous Materials are found on the Premises, Tenant, at its sole cost

Page 9 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 132 of 487

7 and expense, shall immediately take such action as is necessary to detain the spread of and remove the Hazardous Material to the complete satisfaction of Landlord and the appropriate governmental authorities.

C. Landlord shall, at Landlord’s sole cost and expense, have the right at all reasonable times and from time to time to conduct environmental audits of the Premises, and Tenant shall cooperate in the conduct of those audits.

D. If Tenant fails to comply with the forgoing covenants pertaining to Hazardous Materials, Landlord may cause the removal (or other cleanup acceptable to Landlord) of any Hazardous Materials from the Premises. The costs of Hazardous Materials removal and any other cleanup (including transportation and storage costs) will be owing under this Lease, whether or not a court has ordered the cleanup, and those costs will become due and payable on demand by the Landlord. Tenant shall give Landlord, its agents and em ployees, access to the Premises to remove or otherwise cleanup any Hazardous materials. Landlord, however, has no affirmative obligation to remove or otherwise cleanup any Hazardous Materials, and this Lease shall not be construed as creating any such obligation.

E. For any Hazardous Material brought on site due to Tenant’s occupancy, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant’s sole cost), and hold Landlord and Landlord’s elected and appointed officials, officers, employees, agents, successors and assigns free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind (including attorneys’ and experts’ fees and expenses and fees and expenses incurred in investigating, defending or prosecuting any litigation, claim or proceeding) that may at any time be imposed upon, incurred by, or asserted or awarded against Landlord in connection or arising out of: (i) any Hazardous Material on, in, under or affecting all or any portion of the Premises, (ii) any violation or claim of violation of any Environmental Law by Tenant; or (iii) the imposition of any lien for the recovery of costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on, in, under or affecting all or any portion of the Premises.

Tenant’s indemnification shall survive the expiration and termination of this Lease.

4.5 Non-Discrimination. Tenant herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, genetic information, gende r, gender identity, gender expression, marital status, age, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of the Premises, nor shall the Tenant itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants, sub-tenants, or vendees in the Premises herein leased.

Page 10 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 133 of 487

8 ARTICLE V

TAXES AND UTILITIES

5.1 Possessory Interest Tax/Property Taxes. Tenant recognizes and understands that this Lease may create a possessory interest subject to taxation and that Tenant may be subject to the payment of taxes levied on such interest. Tenant shall pay all taxes including without limitation any possessory interest, real estate and personal property taxes and assessments assessed, levied, confirmed or imposed during the Term of this Lease, whether or not now customary or within the contemplation of Landlord and Tenant: (i) upon, measured by or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises, or by the cost or value of the leasehold improvements made in or to the Premises by or for Tenant, regardless of whether title to the improvements is in Tenant or Landlord; (ii) upon or with respect to the possession, leasing, operation, management, maintenance, al teration, repair, use or occupancy by Tenant of the Premises or any portion of the Premises; (iii) upon the Premises and all personal property, furniture, fixtures and equipment, and all replacements, improvements, or additions to them, whether owned by Landlord or Tenant; and (iv) upon this transaction or any document to which Tenant is a party creating or transferring and interest or an estate in the Premises.

5.2 Utilities. Tenant shall pay the appropriate suppliers for all water, gas, power, electricity, light, heat, telephone, facsimile, internet, and other utilities and communications services used by Tenant on the Premises during the Term, including the taxes thereon, whether or not the services are billed directly to Tenant. Tenant shall procure, or cause to be procured, without cost to Landlord, any and all necessary permits, licenses , or other authorizations required for the lawful and proper installation and maintenance upon the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying any of the services to and upon the Premises. Landlord, upon request of Tenant, shall at the sole expense and liability of Tenant, join with Tenant in any application required for obtaining and continuing any of the services.

ARTICLE VI
INSURANCE; INDEMNIFICATION; WAIVER AND RELEASE

6.1 Minimum Insurance Requirements . Tenant, at its sole cost and expense, commencing on the date Tenant is given access to the Premises, and continuing during the Term, shall procure, pay for, and thereafter keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:

A. Commercial General Liability (CGL) with limits no less than Two Million Dollars ($2,000,000.00) per occurrence basis including products and completed operations, property damage, bodily i njury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000) per occurrence. Tenant shall maintain in force liability insurance, at all times during the term of this Lease and any renewal or extension thereof, which sha ll insure and indemnify Landlord, the City Council and each member thereof, and every officer and employee of Landlord against liability or financial loss resulting from any suits, claims or actions brought by any person or persons and from all costs and e xpense of litigation brought against Landlord, the City Council and every member thereof for any injury to persons and/or damage to

Page 11 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 134 of 487

9 property in, on or about the Premises by reason of the use or occupation by Tenant or by any other person or persons of the Premises and the activities of Tenant.

B. A policy or policies of Workers Compensation insurance in the amount required by the State of California.

C. Property Insurance against all risk of loss at full replacement cost with no coinsurance penalty provision at Tenant’s cost and expense, shall be obtained and at all times during the term hereof maintain in effect covering (1) all improvements included in the Premises; (ii) Tenant’s trade fixtures, furnishings, equipment, and inventory of merchandise located in t he Premises; and (2) all alterations, additions, and changes made in or to the Premises during the term of this Lease at Tenant’s expense, providing protection to the extent of not less than one hundred percent (100%) of the insurable value of all said items against any peril included under insurance industry practices in the jurisdiction of the Premises within the classification “fire and extended coverage,” together with insurance against vandalism, malicious mischief, and sprinkler leakage or other sprinkler damage, if sprinklers are installed, and including “use and occupancy” and/or “business interruption” coverage. Tenant hereby waives any and all rights of recovery against Landlord for any loss occurring to such items on account of fire or other casualty, and the aforesaid policies of insurance shall contain appropriate provision recognizing this release by Tenant and waiving all right of subrogation by the insurance carrier. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the items so insured in the event of loss on account of fire or other casualty.

D. Automobile Liability: Covering any auto, or if Tenant has no owned autos, hired, and non-owned autos, with limits no less than the amount requir ed by law per accident for bodily injury and property damage.

E. Plate Glass Insurance: Plate glass insurance covering all plate glass on the Premises at full replacement value; provided that Tenant shall be permitted to self -insure plate glass insurance.

F. Insurance covering all of Tenant’s Improvements and Tenant’s Alterations, in an amount not less than their full replacement value from time to time, including replacement cost endorsement, providing protection against any peril included within the classification Fire and Extended Coverage, sprinkler damage, vandalism, malicious mischief and such other additional perils as covered in an “all risks” standard insurance policy. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 14.

G. Business Interruption Insurance: Commercially reasonable business interruption insurance.

6.2 Delivery of Evidence of Tenant’s Insurance . Each such insurance policy or certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) calendar days prior to the expiration dates of the expiring policies. In the event that Tenant

Page 12 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 135 of 487

10 shall fail to insure or shall fail to furnish Landlord the evidence of such insurance as required by Article VI , Land lord may from time to time acquire (without any obligation to do so) such insurance for the benefit of Tenant or Landlord or both of them for a period not exceeding one (1) year, and any premium paid by Landlord shall be recoverable from Tenant. Tenant’s c ompliance with the provisions of Article VI shall in no way limit Tenant’s liability under any of the other provisions of this Lease. Landlord may at any time , and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

6.3 Other Insurance Requirements. The insurance to be acquired and maintained by Tenant shall be with companies admitted to do business in the State of California and companies of Best’s Rating Guide of A or better. Tenant shall deliver to Landlord, prior to taking possession of the Premises, a certificate of insurance evidencing the existence of the policies required hereunder, and such certificate shall certify that the policy:

A. Names Landlord and any other entities designated by Landlord as additional insureds under the Commercial General Liability policy;

B. Shall not be canceled or altered without thirty (30) cal endar day’s prior written notice to Landlord;

C. Insures performance of Tenant’s indemnity set forth in this Lease;

D. Provide that no act or omissions of Tenant shall affect or limit the obligations of the insurer with respect to other insureds or including Landlord;

E. Include all waiver of subrogation rights endorsements necessary to affect the provisions below; and

F. Provide that the commercial general liability policy and the coverage provided shall be primary, that Landlord althou gh an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord by reasons of acts or omissions of Tenant, and that coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant.

6.4 Mutual Waiver of Subrogation . The Parties hereto release each other and their respective authorized employees, agents, and representatives, from any and all claims, demands, loss, expense, or injury to any person, or to the Premise or to personal property, including, but not limited to, furnishings, fixtures or equipment located therein, caused by or resulting from perils, events, or happenings which are the subject of insurance in force at the time of such loss. Each Party shall cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. Neither Party sha ll be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy in effect as required by this Lease.

6.5 No Ownership. Nothing contained in Article VI shall be construed as creating or implying the existence of: (i) any ownership by Tenant of any fixtures, additions, alterations, or

Page 13 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 136 of 487

11 improvements in or to the Premises, or (ii) any right on Tenant’s part to make any addition, alteration, or improvement in or to the Premises.

6.6 Indemnity. Tenant agrees, except as to the sole negligence or willful misconduct of Landlord, to fully indemnify, defend, and hold Landlord, its elected and appointed officia ls, officers, employees, agents, successors and assigns, free and harmless from any and all third-party claims, liability, loss, damage, costs, or expenses, including attorney fees, resulting from Tenant’s occupation or use of the Premises, specifically including, without limitation, any claim of liability, loss or damage arising by reason of:

A. The death or injury of any person or persons, including Tenant or any person who is an employee, agent, guest, or customer of Tenant, or by reason of the damage or destruction of any property, including property owned by Tenant or any person who is an employee, agent, guest, or customer of Tenant, and caused or allegedly caused by either the condition of the Premises, or some act or omission of Tenant or of some agent, contractor, employee, servant, guest, or customer of Tenant on the Premises;

B. Any work performed on the Premises or materials furnished to the Premises at the instruction or request of Tenant; and

C. Tenant’s failure to perform any provision of this Lease, or to comply with any requirement of local, state , or federal law or any requirement imposed on Tenant or the Premises by any duly authorized governmental agency or political subdivision.

6.7 Waiver and Release. Tenant waives and releases all claims against Landlord, its employees, and agents with respect to the matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. In addition, Tenant agrees that Landlord, its elected and appointed officials, employees, agents, successors and assigns shall not be liable for any loss, injury, death , or damage (including consequential damages) to persons, property, or Tenant’s business occasioned by theft; acts of God; public enemy; injunction; riot; strike; insurrection; war; terrorism; court order; order of governmental body or authority; earthquake; fire; explosion; falling objects; water; rain; snow; leak or flow of water, or by da mpness or from the breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or light fixtures; or from construction, repair, or alteration of the Premises; or from any acts or omissions of any visitor of the Premises; or from any cause beyond Landlord’s control.

ARTICLE VII
REPAIRS AND MAINTENANCE; ALTERATIONS

7.1 Tenant Obligations. Tenant shall, at its sole cost and expense, maintain the Premises in good order, condition and repair, and make repairs, restorations and replacements within the Premises as necessary regardless of whether the repairs, restorations and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non -capital, or the fault or not the fault of Tenant, its employees, agents, invitees, visitors or contractors. All repairs, restorations, and replacements shall be in quality and class equal to th e original work or installations. If Tenant fails to make repairs, restorations or replacements, Landlord may make

Page 14 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 137 of 487

12 them at the expense of Tenant and the expense shall be collected as additional rent to be paid by Tenant within fifteen (15) calendar days after delivery of a statement for the expense.

7.2 Alterations. Tenant shall not make any alterations, improvements or additions in, on or about any of the Premises, without first obtaining Landlord’s prior written consent.

A. All alterations, improvements , or additions in, on or about the Premises, whether temporary or permanent in character, shall immediately become Landlord’s property and at the expiration of the Term of this Lease shall remain on the Premises without compensation to Tenant.

B. By notice given to Tenant no less than ninety (90) calendar days prior to the expiration of the Term of this Lease, Landlord may require that any alterations, improvements, or additions in, on or about the Premises be removed by Tenant. In that event, Tenant shall remove the alterations, improvements or additions at Tenant’s sole cost and expense and shall restore the Premises to the condition in which the Premises was before the alterations, improvements , and additions were made, reasonable wear and tear accepted.

7.3 Mechanic’s Liens. Tenant shall pay or cause to be paid all costs and charges for:
(i) work done by Tenant or caused to be done by Tenant, in or to the Premises, and (ii) all materials furnished for or in connection with such work. Tenant shall indemnify the Landlord against and hold the Landlord and the Premises free, clear and harmless of and from any liens or claims of liens arising out of any work performed, materials furnished, or obligations incurred by the Tenant, and Tenant shall be responsible for the removal of any such liens and all costs to remove same.

Failure to remove any such liens within thirty (30) calendar days of written request by Landlor d shall constitute a default of this Lease. At its election, but without having any obligation to do so, the Landlord may pay such liens not so removed by the Tenant and the amount expended by Landlord shall be paid by Tenant within fifteen (15) calendar days after delivery of a statement for the expense.

7.4 Landlord Obligations. Landlord shall be responsible for maintenance and repair of the heating, ventilation, and air conditioning systems for the Premises and general, mechanical, electrical, lighting, plumbing systems, structural roof, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, fixtures and appurtenances to the Premises.

Notwithstanding the foregoing, Landlord will be responsible for repairs and maintenance of latent defects within the Premises.

ARTICLE VIII
DAMAGE AND DESTRUCTION; CONDEMNATION

8.1 Damage or Destruction of Premises. Unless as the result of negligence or intentional unlawful act of Tenant, if during the term of this Lease, any portion of the Premises shall be damaged by fire or other catastrophic cau se, so as to render such portion of the Premises untenable, the obligations under this Lease may be suspended while such portion of the Premises remains untenable. In the event of such damage, Tenant shall give Landlord notice of such untenable conditions and the Landlord shall elect in its sole discretion, whether to repair the

Page 15 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 138 of 487

13 Premises or to cancel this Lease with respect thereto. It shall notify Tenant in writing of its election within thirty (30) calendar days after service of notice by Tenant. In the event that Landlord elects not to repair the Premises or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s).

8.2 Condemnation. If all or any part of the Premises shall be condemned or taken as a result of the exercise of the power of eminent domain, including any conveyance or assignment in lieu of any condemnation or taking, this Lease shall terminate as to the part so taken as of the date of taking, and in the case of a partial taking, either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by notice to the other within thirty (30) calendar days after the date of such taking; provided, however, that a condition to the exercise by Tenant of such right to terminate shall be that the portion of the Premises taken shall be of such extent and nature as substantially to handicap, impede or impair Tenant’s use of the balance of the Premises. In any event, Landlord shall be entitled to any and all compensation, damages, income, rent, awards and any interest therein whatsoever which may be paid or made in connection therewith, and Tenant shall have no claim against Landlord for the bonus value of any u nexpired Term of this Lease or otherwise; provided, however, that nothing herein shall prevent Tenant from pursuing a separate award against the taking entity, specifically for its relocation expenses or for the taking of any personal property or trade fixtures belonging to Tenant, so long as such separate award to Tenant does not diminish any award otherwise due Landlord as a result of such condemnation or taking.

ARTICLE IX
ASSIGNMENT; SUBLETTING; PROCESSING

9.1 Assignment and Subletting. Tenant shall not assign, mortgage, pledge, encumber, or hypothecate this Lease or any interest herein (directly, indirectly, voluntarily, or involuntarily, by operation of law, or otherwise) or sublet the Premises or any part thereof, or permit the use of the Premises by anyone other than Tenant without the prior written consent of Landlord first being obtained. If Tenant is a corporation, a limited liability company or a partnership, the transfer (as a consequence of a single transaction or any number of separate transactions) of fifty percent (50%) or more of the beneficial ownership interest of the voting stock of Tenant issued and outstanding as of the date hereof, the membership interests in Tenant or the partnership interests in Tenant, as the case may be, shall constitute an assignment hereunder for which such consent is required.

Further, Tenant shall not assign this Lease or sublet the Premises or any portion thereof to any corporation which controls, is controlled by or is under common control with Tenant, or to any corporation resulting from merger or consolidation with Tenant, or to any person or entity which acquires all the assets as a going concern of the business of Tenant that is being conducted on the Premises, without the prior written consent of Landlord. Any of the foregoing acts without such consent shall be void and, at the sole option of Landlord, constitute an Event of Default entitling Landlord to terminate t his Lease and to exercise all other remedies available to Landlord under this Lease and at law.

A. In the event that Tenant should desire to sublet the Premises or any part thereof, or assign this Lease, Tenant shall provide Landlord with written notice of such desire at least sixty (60) calendar days in advance of the proposed effective date of such subletting or

Page 16 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 139 of 487

14 assignment. Such notice shall include: (i) the name of the proposed subtenant or assignee; (ii) the nature of business to be conducted by the proposed subtenant or assignee in the Premises; (iii) the terms and conditions of the proposed assignment or sublease including but not limited to a detailed description of all compensation in cash or otherwise which Tenant would be entitled to receive in connection with such assignment or sublease; and (iv) the most recent financial statements or other financial information concerning the proposed subtenant or assignee as Landlord may require. At any time within thirty (30) calendar days following receipt of Tenant’s notice, Landlord may by written notice to Tenant elect to: (i) terminate this Lease as to the space affected by the proposed subletting or assignment, as of the effective date of the proposed s ubletting or assignment; (ii) consent to the proposed subletting of the Premises or assignment of this Lease; or (iii) disapprove of the proposed subletting or assignment. Landlord may elect to terminate this Lease as to the space affected by the proposed assign or subletting in its sole and absolute discretion. If Landlord does not elect to terminate this Lease, however, Landlord shall not unreasonably withhold its consent to a proposed subletting or assignment.

B. Subject to obtaining Landlord’s con sent in accordance with the requirements of Section 9.1, in order for any assignment or sublease to be binding on Landlord, Tenant must deliver to Landlord, promptly after execution thereof, an executed copy of such sublease or assignment whereby the subte nant or assignee shall expressly assume all obligations of Tenant under this Lease as to the portion of the Premises subject to such assignment or sublease.

Any purported sublease or assignment will be of no legal force or effect unless and until the proposed sublease has been consented to, in writing, by Landlord and a fully executed copy thereof has been received by Landlord.

C. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant or any guarantor of Tenant, of its or their obligations, or alter the primary liability of Tenant and its guarantor(s), if any, to provide Monthly Rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of payments by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent or further assignment, subletting, hypothecation or third party use or occupancy. In the event of default by any assignee or successor of Tenant in the performance of any of the terms of this Lease, Landlord may proceed directly against Tenant and/or its guarantor(s), if any, without the necessity of exhausting remedies against said assignee or successor. Landlord may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant and/or its guarantor(s), if any, or any successor of Tenant, and without obtaining its or their consent thereto and such action shall not relieve Tenant and/or its guarantor(s), if any, or any successor of Tenant of liability under this Lease.

D. Landlord shall have the unconditional right to sell, encumber, pledge, convey, transfer, and/or assign any and all of its rights and obligations under the Lease without the consent of or notice to Tenant or any guarantor(s) of Tenant’s obligations hereunder.

9.2 Processing Fee . Tenant agrees to pay Landlord an administrative fee of One Thousand Dollars ($1,000.00) and an additional amount for reasonable attorney’s fees incurred in conjunction with the processing and document review of any requested transfer, assignment,

Page 17 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 140 of 487

15 subletting, license, or concession agreement, change of ownership, mortgage or hypothecation of the Lease or Tenant' s interest in and to the Premises.

ARTICLE X
HOLDING OVER; SALE OF PREMISES; TERMINATION

10.1 No Right to Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. If, without objection by Landlord, Tenant holds possession of the Prem ises after expiration of the Term, Tenant shall become a Tenant from month -to-month upon the terms herein specified, except that the monthly rent shall equal to one hundred and fifty percent (150%) of the monthly rent payable by Tenant at the expiration of the Term. In addition, Tenant shall continue to pay all other amounts due to Landlord hereunder. Each Party shall give the other notice at least one (1) month prior to the date of termination of such monthly tenancy of its intention to terminate such tenancy. If, after objection by Landlord thereto, Tenant holds possession of the Premises after expiration of the Term, Tenant shall constitute a Tenant at sufferance and without in any way waiving the wrongful holding over of the Premises by Tenant, Landlord shall be entitled to receive for each month or portion thereof during which Tenant wrongfully holds over at the Premises monthly rent equal to two hundred percent (200%) of the monthly rent payable by Tenant at the expiration of the Term together with all other amounts otherwise due to Landlord hereunder. Landlord' s receipt of increased monthly rent under this Section 10.1 shall not constitute an extension of the Term nor shall it constitute a waiver of Tenant' s wrongful holding over and shall not prejudi ce any other rights or remedies available to Landlord under this Lease or by law.

10.2 Sale of Premises. In the event Landlord, or any successor owner of the Premises, shall sell or convey the Premises, all liabilities and obligations on the part of the Landlord, or such successor owner, under this Lease accruing thereafter shall terminate, and thereupon al l such liabilities and obligations shall be binding upon the new owner. Tenant agrees to attorn to such new owner.

10.3 Early Termination of Tenancy. Intentionally Omitted

ARTICLE XI
SUBORDINATION; ESTOPPEL CERTIFICATES

11.1 Subordination. This Lease and the rights of Tenant hereunder are subject and subordinate to any ground or underlying lease and the lien of the holder of or beneficiary under a mortgage or deed of trust which now or in the future encumbers the Premises and to any and all advances m ade thereunder, and interest thereon, and all modifications, renewals, supplements, consolidations and replacements thereof. Tenant agrees that any ground or underlying landlord or lender may at its option, unilaterally elect to subordinate in whole or in part, such ground or underlying lease or the lien of such mortgage or deed or trust to this Lease. Such subordination or priority of this Lease, as the case may be, shall be effective without the necessity of executing any further instrument or agreement t o effect such subordination or priority; provided, however, that Tenant agrees to execute, acknowledge , and deliver to Landlord upon demand any and all instruments required by Landlord or any such ground or underlying Landlord or lender evidencing

Page 18 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 141 of 487

16 the subordination or priority of this Lease, as the case may be. Tenant hereby irrevocably appoints Landlord as its agent and attorney -in-fact to execute, acknowledge , and deliver any such instruments in the name of and on behalf of Tenant if Tenant fails to so execute, acknowledge and deliver such instruments within ten (10) calendar days after written request therefore.

11.2 Estoppel Certificates. At any time and from time to time, Tenant shall execute, acknowledge and deliver to Landlord, within five (5) calendar days after request by Landlord, a certificate certifying, among other things: (i) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification); (ii) the date, if any, to which monthly rent (if applicable) and other sums payable hereunder have been paid; (iii) that no notice has been received by Tenant of any default which has not been cured except as to defaults specified in said certificate; and (iv) such other matters as reasonably may be requested by Landlord.

ARTICLE XII
DEFAULT; REMEDIES; DISPUTE RESOLUTION

12.1 Default; Breach.

A. Default. A “Default” by Tenant is defined as a failure by Tenant to observe, comply with, or perform any of terms, covenants, conditions, or rules applicable to Tenant under this Lease, and shall include but not be limited to:

(1) Failure to provide the Monthly Rent set forth in Section 1. 5 or other amounts owing pursuant to the terms of this Lease.

(2) Vacation or abandonment of the Premises or a disruption in services for a period time exceeding five (5) calendar days.

(3) Failure by Tenant to provide Landlord with reasonable evidence of insurance required under this Lease.

(4) Failure by Tenant to timely deli ver to Landlord any instrument or assurances required pursuant to this Lease, including an estoppel certificate pursuant to Section

11.2 of this Lease.

(5) Failure by Tenant to provide Landlord with reasonable written evidence (in duly executed original form, if applicable) of compliance with Applicable Requirements and Applicable Laws when requested.

(6) Occurrence of any of the following events: (i) the making by Tenant of any general arrangement or assignment for the benefit of creditors; (ii) Tenant’s becoming a “debtor” as defined in 11 U.S. Code Section 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within

Page 19 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 142 of 487

17 thirty (30) days; or (iv) the attachment, execution , or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in th e event that any provision of this Subparagraph 12.1(A)(6) is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions.

(7) Failure of Tenant to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of one (1) calendar day following written notice thereof by or on behalf of Landlord to Tenant.

(8) Tenant making or furnishing any warranty, representation, or statement to Landlord in connection with this Lease, or any other agreement made by Tenant for the benefit of Landlord, which is or was false or misleading in any material respect when made or furnished.

(9) Assignment or sublease of this Lease or any portio n of the Premises, or attempt to assign or sublease this Lease or any portion of the Premises, by Tenant in violation of Section 9.1.

(10) Tenant committing waste on the Premises.

(11) Failure of Tenant to timely complete the Tenant Improvements in accordance with Exhibit “C.”

(12) Failure of Tenant to otherwise perform, satisfy, or abide by any of the terms, covenants, conditions, or provisions of this Lease.

B. Breach. In the event that Tenant is in Default of this Lease, Landlord shall notify Tenant in writing of the nature of the Default and of the corrective action to be taken. If corrective action is not commenced within ten (10) business days after receipt of written notice and not completed within thirty (30) days thereafter, or longer, if Tenant is diligently pursing corrective action, such failure by Tenant shall constitute a “Breach,” and Landlord may pursue those remedies set forth in Section 12.2.

12.2 Remedies. On the occurrence of Tenant’s Breach of this Lease, Landlord shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to Landlord, either in law or equity, which remedies shall not be exclusive, but shall instead be cumulative: (i) remove all persons and property from the Premises and repossess same, in which case any and all of Tenant’s property that Landlord removes from the Premises may be stored in a public warehouse or elsewhere at the cost of, and fo r the account of, Tenant; or (ii) allow Tenant to remain in full possession and control of the Premises.

A. If Landlord chooses to repossess the Premises, then this Lease will automatically terminate in accordance with the provisions of California Civil Code Section 1951.

In the event of such termination of the Lease, Landlord may recover from Tenant:

Page 20 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 143 of 487

18 (1) The worth at the time of award of the unpaid rent which had been earned at the time of termination, including interest at the maximum rate allowed by law;

(2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, including interest at the maximum rate allowed by law;

(3) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; and

(4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant' s failure to perform its obligations under this Lease or which, in the o rdinary course of things, would be likely to result therefrom.

B. “The worth at the time of the award,” as used in Section 12.2 (A) shall be computed by allowing interest at the maximum rate allowed by law. “The worth at the time of the award” shall be computed by discounting the amount at the discount rate of the Federal Reserve Bank at the time of the award, plus one percent (1%).

C. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including, without limitation, lost rents, eviction costs, attorney's fees, brokers' commissions, expenses of remodeling the Premises required by the re -letting, and like costs. Re-letting can be for a period shorter or longer than the remaining Term. Tenant shall pay to Landlord the rent due under this Lease on the dates the rent is due, unless Landlord notifies Tenant that Landlord elects to terminate t his Lease. After Tenant's Default and for as long as Landlord does not terminate Tenant's right to possession of the Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign its interest in this Lease, or sublet all or a portion of the Premises, but Tenant shall not be released from liability or its obligations under this Lease. Landlord's consent to a proposed assignment or subletting shall be as required in Section

9.1. D. If Landlord elects to re-let the Premises, then any rent that Landlord receives from re -letting shall be applied to the payment of: (i) first, any indebtedness from Tenant to Landlord other than rent due from Tenant; (ii) second, all costs incurred by Landlord in re-letting, including costs for maintenance; and (iii) third, Rent due and unpaid under this Lease.

E. After deducting the payments referred to in Section 12.2, any sum remaining from any rent that Landlord receives from re -letting shall be held by Landlord and applied in payment of future rent as r ent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this Lease, the rent received from any re-letting is less than the rent due on that date, then Tenant shall pay to Landlord, in addition to the remaining rent due, all costs which Landlord incurred in re-letting,

Page 21 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 144 of 487

19 including without limitation maintenance, that remain after applying the rent received from the re-letting, as provided in Section 12.2.

12.3 Continuation after Breach. Even though Tenant has breached this Lease and/or abandoned the Premises, this Lease shall continue in full force and effect for so long as Landlord does not terminate Tenant’s right to possession as provided in Section 12.2 above, and Landlord may enforce all its rights and remedies under this Lease. In such event, Landlord may exercise all of the rights and remedies of a Landlord under California Civil Code Section 1951.4, or any successor statute. Acts of maintenance or preservation or efforts to re -let the Premises or the appointment of a receiver upon initiative of Landlord to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession.

12.4 Other Relief . In the event of re -entry or taking possession of the Premises, Landlord shall have the right but not the obligation to remove all or any part of the trade fixtures, furnishings, equipment, and personal property located in the Premises and to place the same in storage at a public warehouse at the expense and risk of Tenant or to sell such prop erty in accordance with applicable law. The remedies provided for in this Lease are in addition to any other remedies available to Landlord at law or in equity, by statute or otherwise. Any amounts so expended by Landlord shall be immediately payable by Tenant.

12.5 Landlord's Right to Cure Default. All agreements and provisions to be performed by Tenant under any of the terms of this Lease shall be at its sole cost and expense. If Tenant shall fail to perform any other act on its part to be performed hereunder and such failure shall not be cured within the applicable cure period provided for herein, if any, Landlord may, but shall not be obligated so to do, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease. All sums so paid by Landlord and all necessary incidental costs shall be on Tenant's account and shall be payable to Landlord on demand.

12.6 Dispute Resolution. Any dispute arising out of or relating to this Lease, or breach thereof, shall be first submitted to the senior management of each Party for resolution during a thirty (30) calendar day dispute resolution period. Notice must be in writing and served pursuant to Section 13.1 herein. The foregoing dispute resolution period shall run concurrently with any notice and cure periods provided for herein.

ARTICLE XIII

GENERAL PROVISIONS

13.1 Attorneys’ Fees. Should any action or proceeding be commenced by Landlord to enforce the provisions provided in this Lease, or should any litigation be commenced between the parties to this Lease concerning said Property, this Lease, or the rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted as the result of said litigation, to a reasonable sum for its attorneys’ fees.

13.2 Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt

Page 22 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 145 of 487

20 requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business calendar days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business calendar day after the date delivered to the telegraph company with charges prepaid.

To Landlord: To Tenant:

City of Indio Everbloom Coffee, Inc
100 Civic Center Mall 45125 Smurr Street, Suite A
Indio, CA 92201 Indio, CA 92201
Attn: City Manager Attn: Matthew Ortega

A. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent.

B. Tenant hereby agrees that service of notice in accordance with the terms of this Lease shall be in lieu of the methods of service specified in Section 1161 of the California Code of Civil Procedure Section 1161. The provisions of California Code of Civil Procedure Section 1013(a), extending the time within which a right may be exercised or an act may be done, shall not apply to a notice given pursuant to this Lease.

13.3 No Relocation Assistance. Tenant acknowledges that Tenant may be displaced from the Premises, but Tenant hereby agrees that Landlord shall have no obligation to Tenant under the California Relocation Assistance and Real Premises Acquisition statutes and guidelines.

Tenant, after diligent review and consideration of possible impacts, hereby waives and forever releases Landlord, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Landlord’s behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the California Relocation Assistance and Real Premises Acquisition statutes and gui delines and Landlord’s subsequent use and development of the Premises, or Tenant’s displacement therefrom. By such release, Tenant expressly waives its rights pursuant to California Civil Code Section 1542 which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13.4 Tenant Reports. On the fifteenth (15th) day of each calendar month, during the Term hereof, Tenant shall submit to Landlord a statement in writing certified to be correct (if Tenant is a corporation, the statement shall be certified by an officer of the corporation, by an officer of Tenant) as to total gross sales, from all sources, for the proceeding calendar month.

Page 23 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 146 of 487

21 13.5 Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

13.6 Captions. Any captions to, or headings of, the sections or subsections of this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

13.7 Amendment of Agreement . The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.

13.8 Waiver. The waiver by Landlord or Tenant of any agreement, condition , or provision herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition or provision herein contained, nor shall any custom or practice which may grow up between the Parties in the administration of the terms hereof be construed to waive or to lessen the right of Landlord or Tenant to insist upon the performance by Tenant or Landlord in strict accordance w ith said terms. The subsequent acceptance of any payment hereunder by Landlord shall not be deemed to be a waiver of any breach by Tenant of any agreement, condition or provision of this Lease, other than the failure of Tenant to pay the particular amount so accepted. Specifically, Landlord may accept any payment from Tenant and apply same to any amount owing hereunder notwithstanding any stated intent or instruction on the part of Tenant to the contrary and without waiving or compromising any claim that such payment was less than the payment actually due from Tenant.

13.9 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work as a merger, and shall, at the option of Landlord, terminate all or any existing subleases or sub -tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or sub-tenancies.

13.10 Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California.

13.11 Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Lease, including any permit or license fees which Tenant may be required to obtain pursuant to its occupancy.

13.12 Authority to Execute Agreement. Landlord and Tenant represent and warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each Party for whom they sign to perform as provided herein.

13.13 Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Tenant shall be responsible for the acts or omissions of its subtenant(s), if any.

13.14 Incorporation of Exhibits. Each of the Exhibits to this Lease are incorporated by reference as though fully set forth herein.

Page 24 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 147 of 487

22 13.15 Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Tenant and Landlord as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to any employees or agents of either Party shall be of any effect unless it is in writing and executed by the party to be bound thereby.

IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the calendar day and year written below.

LANDLORD:

CITY OF INDIO, a California
municipal corporation

By: ____________________________
Bryan H. Montgomery
City Manager

Date: __________________________

ATTEST:

By: _____________________________
Cynthia Hernandez
City Clerk

Date: ___________________________

APPROVED AS TO FORM:

By: ____________________________
Steven P. Graham
City Attorney

TENANT:

EVERBLOOM COFFEE, INC, a California
corporation

By: ____________________________
Matthew Ortega
President

Date: ___________________________

By: ____________________________
Efrain Mercado
Treasurer

Date: ___________________________

Page 25 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 148 of 487

23 EXHIBIT “A”

Premises/Lease Plan

(Inserted behind this page)

Page 26 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 149 of 487 OFFICE ROOM #1
OFFICE ROOM #2
OFFICE ROOM #3
HALL 2
HALL 1
OFFICE ROOM #3
OFFICE ROOM #1
11'-8 1/2"11'-8 1/2"12'-8"10'-7"
23'-9 1/2"23'-7 1/2"
59'-3 1/2"
16'-4"10'-11"7'-4"8'-2 1/2"5'-0"10'-0 1/2"
23'-9 1/2"23'-7 1/2"
19'-0" 15'-7 1/2" 16'-1 1/2"
7'-10 1/2"
8'-11"6'-8" 16'-4"
12'-8"
10'-7" 13'-0 1/2" 17'-9 1/2" 6'-0"
10'-7"15'-10 1/2"
6'-11"
Indio, Ca. 92201
45125 A & B SMURR ST
45149 A & B SMURR ST.

Indio, Ca. 92201
100 Civic Center Mall
77570 Springfield Ln, Suite L, Palm Desert, Ca. 92211
Tel: 760.895.4331 Direct:760.285.3793
A Daz Arch Studio
A1

EXISTINGFLOOR PLANS

EXISTING FLOOR PLAN
SCALE: 1/4"=1'-0"

Page 27 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 150 of 487

EXHIBIT “B”

General Rules and Regulations

1. All floor areas of the Premises (including vestibules, entrances and air returns), doors, fixtures, windows, and plate glass shall be maintained by Tenant, in a clean, safe and good condition.

2. All trash, refuse and waste materials shall be stored in ad equate containers, approved by Landlord and regularly removed from the Premises. These containers shall not be visible to the general public and shall not constitute a health or fire hazard or nuisance to any tenant. In the event that any tenant shall fail to remedy such a health or fire hazard or nuisance within five (5) days after written notice by Landlord, Landlord may remedy and/or correct such health or fire hazard or nuisance at the expense of Tenant. Tenant must obtain a separate temporary dumpster to receive its move -in merchandising debris, and construction debris from any tenant improvements or alterations. Should it be necessary for Landlord to have Tenant's solid or liquid rubbish cleaned up, the cost for such cleaning shall be charged back to Tenant along with an administrative fee of fifteen percent (15%).

3. No portion of the Premises shall be used for lodging purposes. No cooking is allowed on the Premises unless Tenant is a restaurant.

4. Neither sidewalks nor walkways shall be used to dis play, store or place any merchandise, equipment or devices, except in connection with sidewalk sales held with Landlord's prior written approval in each instance.

5. No public telephone, newsstand, shoeshine stand, refreshment, vending or other coin operated machine shall be installed or placed on the sidewalk or walkway area adjacent to the Premises or on the Common Facilities without Landlord's prior written approval in each instance.

No public telephones are allowed within or outside of the Premises (other than Landlord provided public telephones).

6. No person or persons shall use the Premises, or any part thereof, for conducting therein a second-hand store, auction, distress or fire sale or bankruptcy sale, or "going out of business" sale or "lost our lease" sale, without Landlord's prior written consent in each instance.

7. No portion of the Premises shall be used for the storage of any merchandise, materials or other properties, other than those reasonably necessary for the operation of Tenant' s business.

Landlord may, from time to time, inspect the Premises to ensure compliance with the foregoing provisions.

8. No display areas of the Premises shall be left vacant, and Tenant shall not black out or otherwise obstruct the windows of the Premise s, without Landlord's prior written consent. Signs in the windows may be limited and must be approved by the Landlord in writing.

Page 28 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 151 of 487

2 9. Landlord shall have the absolute right to enter upon the Premises to perform such cleaning and clearing of the pipes and drains servicing the Premises (including roto-rooter service), and any grease traps and exhaust systems servicing the Premises, as Landlord shall deem necessary.

10. If Tenant shall operate a carry-out food operation, including food and/or soft drink vending machines as well as any ice cream store, Tenant shall pay Landlord for all sidewalk and walkway cleanup work (including without limitation steam cleaning), that Landlord shall determine is necessary to preserve the sanitation, cleanliness and clean appearance of the Building. Tenant shall pay Landlord on an estimated month basis, adjusted annually, and will be responsible for a cleanup of not less than one hundred feet (100') in radius from the entrance(s) to the Premises.

11. If Tenant provides its customers with the use of shopping carts and/or baskets, Tenant shall be responsible for causing said carts and/or baskets to be stored only in areas designated by Landlord. If Tenant fails to routinely collect and store said carts as necessary (at least twic e on a daily basis), Landlord may assume the responsibility of same and may bill Tenant on an estimated monthly basis for such service.

12. The sidewalks, exits and entrances shall not be obstructed by Tenant or used by it for any purpose other than for ingress to and egress from the Premises.

13. Tenant shall not alter any lock or install any new or additional locks or any bolts on any door of the Premises without the prior written consent of Landlord (except as to safes and vaults of the Tenant). Installation of floor safes will require prior written approval by Landlord and must remain with the Premises at termination.

14. The toilet rooms and urinals, wash bowls and other apparatus therein shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be placed therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Tenant who, or whose employees, invitees, contractors or agents, shall have caused it.

15. Except as to normal pictures and furnishings, Tenant shall not mark, drive nails, screw or drill into the partitions, woodwork or plaster or in any way deface the Premises or any part thereof.

No boring, cutting or stringing of wires shall be permitted except with the prior written consent of Landlord and as Landlord may direct. Tenant shall not lay linoleum tile, carpet or other similar floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Landlord. The expense of repairing any damage resulting from a violation of this rule or removal of any floor covering shall be borne by Tenant.

16. Tenant shall not use, keep or permit to be used or kept, any noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Premises by reason of noise, odors, and/or vibrations, or interfere in any way with other tenants or those having business therein. Tenant shall not make or permit to be made any loud or disturbing noises or disturb or interfere with neighbors’ use and enjoyment of their property, whether by the use of any musical instrument, radio,

Page 29 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 152 of 487

3 television, video or audio recording, shouting, or in any other manner. Tenant shall not throw anything out of doors.

17. Tenant shall not use or keep in the Premises any kerosene, gasoline or flammable or combustible fluid or material, or use any method of heatin g or air conditioning other than that supplied or permitted by Landlord.

18. Landlord will direct electricians as to where and how electrical, telephone, television and cable wires are to be introduced to the Premises. No boring or cutting for wires will be allowed without the prior consent of Landlord. The location of telephone call boxes and other office equipment in the Premises shall be subject to the approval of Landlord. All such consents and approvals by the Landlord must be in writing.

19. Tenant shall be responsible for assuring that doors to the Premises are not left unlocked during non-business hours, except while moving furniture or other items in or out of the Premises.

20. Landlord reserves the right to exclude or expel from the Premi ses any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or is violating the rules and regulations of the Premises.

22. The requirements of Tenant will be attended to only upon application to Landlord..

Employees of Landlord shall have no obligation to perform any work for Tenant or do anything outside their regular duties for Tenant unless under special instructions from Landlord, and no employee shall have any obligation to admit any person (Tenant or ot herwise) to any office of Landlord without specific instruction from Landlord.]

Page 30 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 153 of 487

EXHIBIT “C”

Schedule of Performance

Improvements Constructed with Tenant Improvement Allowance The following is the description of Improvements constructed by Landlord with the Tenant Improvement Allowance. Upon Landlord’s receipt of a building permit and any other necessary governmental approvals for the Improvements based upon plans approved by Landlord and such governmental authority (the “ Final Approved Plans ”), such Final Approved Plans shall made a part of this Exhibit C and added hereto.
0 - 3 months:
-Demo of both suites completely.
-Complete missing building plans.
-Finalize plans for the new Everbloom.
❖ plumbing
❖ electrical
❖ gas
❖ remodel

3 - 6 months
-Prep the space for framing
-Complete all framing
-Assess electrical panel to ensure sufficient power for given electrical schedule. -Begin plumbing for bar & floor drains.

6 - 9 months
-Complete drywall & paint
-Finish all plumbing
-Complete the bar and install necessary cabinetry/storage space.

Page 31 of 31 ends

AGENDA ITEM #10.6
Approval of a Commercial Lease Agreement with Everbloom Coffee, Inc. loc... Page 154 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Adopt Resolution No. 10343 Development Impact Fee Deferral Program

RECOMMENDATION:

Adopt Resolution No. 10343 Development Impact Fee Deferral Program

SUMMARY:
retail on pressures and multi the to response In recent economic -staff housing, city family recommends that the City Council take a proactive and progressive approach to encourage the development of commercial, industrial, and multi-family projects to keep the City’s momentum. These economic pressures are due to increased construction costs and higher interest rates. Developers in commercial, multi and industrial, -retailers to leading challenges, facing housing family are renegotiating lease agreements and developers making financial decisions on whether projects are economically feasible. The Development Impact Fee Deferral Policy Program is aimed at reducing these financial burdens by deferring the payment of fees for three (3) years after the issuance of the certificate of occupancy. This allows developers to pay the fees from project-generated lease revenue, saving them from immediate payment costs.

BACKGROUND INFORMATION:

The Development Impact Fee Deferral Program for the City of Indio aims to spur ec onomic growth and job creation by deferring development impact fees for commercial, industrial, and multi -family housing projects. As the largest city in the Coachella Valley, many of Indio’s residents commute to work in other cities resulting in a loss of potential tax revenue and economic activity. The Program will incentivize development in Indio that creates jobs, increase sales tax revenues, and add much - needed diversity in available housing types for residents.

Eligible Commerical, Industrial, and M ulti-family development projects which meet the following criteria will be considered for the program:

JOB CREATION: The commercial or industrial project must create a minimum of 10 full-time jobs that will be in place for a minimum of 24 months and make good-faith efforts in hiring our residents.

SALES TAX GENERATING: The commercial or industrial project will generate a minimum sales tax and Measure X revenues of $25,000, or greater, annually during the Deferral Period.

HOUSING UNITS: If a multi-family project, a minimum of 14 units per acre AGENDA ITEM #10.7
Resolution No. 10343 , adopting a Development Impact Fee Deferral Progra... Page 155 of 487 Development Impact fees (DIF) are one -time fees levied on new development projects in order to recover capital costs for public facilities needed to serve new developments and the added employees, residents, and visitors.

Deferral of these Development Impact Fees has been used to ease the financial impact on developers during the construction of the development. In the past, the City Council has approved fee deferral programs to encourage and stimulate economic development and growth.

Previous Fee Deferral Programs:
2010 - 2018 DIF Ordinance- reduced fees by 25%
2013 Hotel Fee Deferral- deferred fees for 18 months
2017 Amendment of the Hotel Fee Deferral- amended to include movie theaters

Financial Summary: There is no direct impact on the budget as this policy will only defer payment of impact fees for 3 years and does not waive fees.

ATTACHMENTS:

Attachment 1: Development Impact Fee Deferral Program Final Attachment 2: Resolution No. 10343

APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 09 Feb 2023 Steven Graham, City Attorney Approved - 09 Feb 2023
Hernan Vargas, Accountant Approved - 09 Feb 2023
Bryan H. Montgomery, City Manager Approved - 09 Feb 2023

Page 2 of 6 ends

AGENDA ITEM #10.7
Resolution No. 10343 , adopting a Development Impact Fee Deferral Progra... Page 156 of 487

Development Impact Fee Deferral Program

1. PURPOSE: In response to the recent economic pressures on retail and multi-family housing, city staff recommends that the City Council take a proactive and progressive approach to encourage the development of commercial, industrial, and multi- family projects to keep the City’s momentum.

These economic pressures are d ue to increased construction costs and higher int erest rates .

Developers in commercial, industrial and multi- family housing are facing challenges, leading to retailers renegotiating lease agreements and developers making financial decisions on whether projects are economically feasible. The Development Impact Fee Deferral Policy Program is aimed at reducing these financial burdens by deferring the payment of fees for three (3) years after the issuance of the certificate of occupancy. This allows developers to pay the fees fro m project - generated lease revenue, saving them from immediate payment costs.

The Program will incentivize development in Indio that create jobs, increase sales tax revenues, and add much-needed diversity in available housing types for residents.

2. SCOPE: The City establishes policies and procedures that will guide the decision -making process regarding development impact fee deferrals for eligible new commercial, industrial, and multi- family projects.

3. GENERAL POLICY: To provide an economic incentive for constructing new commercial, industrial, or multi-family developments in the City. The City Manager is authorized to approve the deferral of City development impact fees, as specified herein, for up to three (3) years following the City’s issuance of a Certificate of Occupancy.

4. ELIGIBLE PROJECTS: New Commercial, Industrial, and Multi- Family development projects which meet the following criteria will be considered for the program:

a. JOB CREATION: The commercial or industrial project must create a minimum of 10 full- time jobs that will be in place f or a minimum of 24 months and make good-faith efforts in hiring residents of the City of Indio.
b. SALES TAX GENERATING: The commercial or industrial project will generate a minimum sales tax and Measure X revenues of $ 25,000, or greater, annually during the Deferral Period.
c. HOUSING UNITS: If a multi-family project, a minimum of 14 units per acre

Page 3 of 6 ends

AGENDA ITEM #10.7
Resolution No. 10343 , adopting a Development Impact Fee Deferral Progra... Page 157 of 487

5. DEFERRAL OF FEES: The fee deferral made available shall apply only to development impact fees levied or charged by the City of Indio, even i f fees for other agencies are collected by the City of Indio.
a. ELIGIBLE FEES FOR DEFERRAL:
i. City of Indio Development Impact Fees
b. INELIGIBLE FEES FOR DEFERRAL:
i. Planning Entitlement Fees
ii. Plan Check Fees
iii. Building Permit Fees
iv. Fees levied or charged by any entity or agency other than the City of Indio, even if collected by the City of Indio on that entity or agency’s behalf.

6. TERM: Deferral of development impact fees shall not exceed a period of three (3) years from the issuance of the certificate of occupancy.

7. AGREEMENT: City development impact fees shall only be deferred after the developer and property owner execute a fee deferral agreement in form accepted by the City Manager and City Attorney, and shall be recorded against the title to the property on which the project is developed.

The City Manager may agree to subordinate the fee deferral agreement to deeds of trust for purchase and construction funding. The fee deferral agreement shall require full payment of all deferred City fees within the timeframe specified in the Program. If such fees are not timely paid in full, the deferred fees due shall immediately begin to accrue interest at a rate of 3% per month as of the date first deferred, and the City shall have the right to avail itself of all legal and equitable remedies to collect the fees due including, without limitation, the revocation of any conditional use permit, business license , and/or the revocati on of the certificate of occupancy, at the City Manager’s discretion.

This Program shall remain in effect until repealed by the City Council.

Page 4 of 6 ends

AGENDA ITEM #10.7
Resolution No. 10343 , adopting a Development Impact Fee Deferral Progra... Page 158 of 487 1 RESOLUTION NO. 10343

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, ADOPTING THE DEVELOPMENT IMPACT FEE

DEFERRAL PROGRAM AND MAKING A FINDING OF EXEMPTION

UNDER CEQA
WHEREAS, the City Council recognizes the importance of encouraging continued investments in the city’s commercial, industrial and multi-family residential development; and,
WHEREAS, the City Council recognizes further recognizes the importance of providing for needed infrastructure that is made necessary by new development within the City; and,
WHEREAS, the City Council determines that deferring the timing of Development Impact Fee payments for 3-years from the date of Certificate of Occupancy issuance accomplishes the needs of obtaining funding for needed public infrastructure; and,
WHEREAS, the City Council, as the City’s governing body, has the authority to establish and modify policies for the implementation of the Development Impact Fee Deferral Program.

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

Section 1. The general policy provides an economic incentive for constructing new commercial, industrial, or multi-family developments in the City.

The City Manager is authorized to approve the deferral of City development impact fees, as specified herein, for up to three (3) years following the City’s issuance of a Certificate of Occupancy. …
Section 2. ELIGIBLE PROJECTS: New Commercial, Industrial, and Multi- Family development projects which meet the following criteria will be considered for the program:

JOB CREATION: The commercial or industrial project must create a minimum of 10 full-time jobs that will be in place for a minimum of 24 months and make good- faith efforts in hiring residents of the City of Indio.

SALES TAX GENERATING: The commercial or industrial project will generate a minimum sales tax and Measure X revenues of $25,000, or greater, annually during the Deferral Period.

HOUSING UNITS: If a multi-family project, a minimum of 14 units per acre…

Page 5 of 6 ends

AGENDA ITEM #10.7
Resolution No. 10343 , adopting a Development Impact Fee Deferral Progra... Page 159 of 487 2 Section 3. Eligible Fees for Deferral include City of Indio Development Impact Fees
Section 4. The term of the deferral of development impact fees shall not exceed a period of three (3) years from the issuance of the certificate of occupancy.

Section 4. The agreement of the City development impact fees shall only be deferred after the developer and property owner execute a fee deferral agreement in form accepted by the City Manager and City Attorney, and shall be recorded against the title to the property on which the project is developed. The City Manager may agree to subordinate the fee deferral agreement to deeds of trust for purchase and construction funding. The fee deferral agreement shall require full payment of all deferred City fees within the timeframe specified in the Program. If such fees are not timely paid in full, the deferred fees due shall immediately begin to accrue interest at a rate of 3% per month as of the date first deferred, and the City shall have the right to avail itself of all legal and equitable remedies to collect the fees due including, without limitation, the revocation of any conditional use permit, business license, and/or the revocation of the certificate of occupancy, at the City Manager’s discretion.

PASSED, APPROVED AND ADOPTED this 15th day of February, 2023. ____________________________

OSCAR ORTIZ, MAYOR
ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Page 6 of 6 ends

AGENDA ITEM #10.7
Resolution No. 10343 , adopting a Development Impact Fee Deferral Progra... Page 160 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Second Reading of Ordinance No. 1790, an Ordinance of the City Council of the City of Indio amending Chapter 105 of Title IX of the Indio Municipal Code related to the use of unmanned aircraft (Drones), small unmanned aircraft, and unmanned aircraft systems

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1790, an ordinance of the City Council of the City of Indio amending Chapter 105 of Title IX of the Indio Municipal Code related to the use of unmanned aircraft (Drones)

SUMMARY:

Chapter 105 of Title IX of the Indio Municipal Code regulates the use of drones and other unmanned aircraft and unmanned aircraft systems. The proposed amendments will modernize the existing ordinance to promote the safe and lawful operation of unmanned ai rcraft and unmanned aircraft systems. The ordinance aligns with Federal Aviation Administration (FAA) rules and standards regarding unmanned aircraft and will better enable the effective enforcement of such regulations when improperly used or used in inappropriate circumstances.

BACKGROUND INFORMATION:

On March 7, 2018, the City of Indio adopted ordinance 1731 to establish Chapter 105 of Title IX in order to establish drone regulations within the boundaries of the City. The original ordinance addressed and provided for then -best practices. As the technological capability of drones continues to grow, the proposed ordinance will address those changes to promote safer operations of drones, small unmanned aircraft, and similar systems.

Amendments to Chapter 105: Drone Regulations are intended to address the changes in technology and standard best practices related to drone operation. Staff is proposing to include the definition relevant terminology as defined by FAA and other regulatory agencies. The proposed ordinance also includes requirements to designate a licensed, remote pilot of unmanned aircraft prior to the start of operation for increased accountability, increased standards and necessary protocols for operators to enhance the public safety of residents, and will require approval by City staff for commercial operation of drones within Indio. Furthermore, the proposed ordinance also provides for exceptions to certain licensing requirements for aircraft weighing less than 250 grams (0.55 pounds), while being used safely for recreational purposes.

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 161 of 487 The proposed ordinance is intended to operate in conjunction with Federal laws, State laws, FAA rules, and regulations, to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft systems within Indio. The City intends to regulate unmanned aircraft within Indio effectively in order to help reduce the risks imposed by unmanned aircraft, increase the positive uses of unmanned aircraft, and protect the health, safety, and welfare of City residents.

ATTACHMENTS:

Attachment 1: Ordinance 1790 - Drones

Page 2 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 162 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 ORDINANCE NO. 1790

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO, CALIFORNIA, AMENDING CHAPTER 105 OF

TITLE IX OF THE INDIO MUNICIPAL CODE
WHEREAS, in recent years, unmanned aircraft and
unmanned aircraft systems, commonly known as “Drones”, have become more widely used and accessible for recreational, commercial, and other purposes.

WHEREAS, the operation of unmanned aircraft and
unmanned aircraft systems can pose a significant threat to public safety when unmanned aircraft are improperly used or used in inappropriate circumstances.

WHEREAS, imposing community-based safety
requirements consistent with Federal
Aviation Administration ("FAA") rules regarding unmanned aircraft is necessary to mitigate such public safety risks.

WHEREAS, the FAA has warned that any person
operating an unmanned aircraft in the United States is responsible for understanding and abiding by all applicable laws and rules regulating the operation of an unmanned aircraft.

WHEREAS, this ordinance is intended to operate in
conjunction with Federal laws, State laws, FAA rules and regulations, to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft Systems within the City.

WHEREAS, the City Council for the City of Indio ("City") intends for this Ordinance to
regulate unmanned aircraft within the City effectively in order to help reduce the risks imposed by unmanned aircraft, increase the positive uses of unmanned aircraft, and protect the health, safety, and welfare of City residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. Chapter 105 entitled Drone Regulations of Title IX (General Regulations) of the Indio Municipal Code is amended to read as follows:

Page 3 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 163 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 “Chapter 105

DRONE REGULATIONS
Sections:
105.01 Purpose and Intent
105.02 Definitions
105.03 Operating Requirements and Restrictions
105.04 Protected Sites
105.05 Exemptions
105.06 Commercial Operations
105.07 Enforcement
105.01 Purpose and Intent.

The purpose and intent of this Chapter is to effectively regulate unmanned aircraft and unmanned aircraft systems, commonly known as “Drones”, operated within the City in order to promote the health, safety, and general welfare of City residents. The City seeks to implement appropriate regulations of unmanned aircraft and unmanned aircraft
systems pursuant to the City’s police powers and its
authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All
regulations herein are intended to protect the health, safety, and welfare of the public and address specific areas of local municipal concern where the operation of unmanned
aircraft and unmanned aircraft systems could cause harm or injury. This Chapter is not intended to restrict persons operating commercial unmanned aircraft and unmanned
aircraft systems in compliance with all applicable FAA
rules and other applicable laws, outside of protected sites.

This Chapter is not intended to restrict persons operating unmanned aircraft and unmanned aircraft systems flown
strictly for recreational purposes in compliance with all applicable FAA rules and other applicable laws, outside of protected cites.

Federal laws, state laws, and FAA rules and regulations are subject to change. Compliance with this Chapter may not constitute compliance with current, pending or future,

Page 4 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 164 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 federal laws, state laws or FAA rules and regulations. It is the responsibility of all persons operating, or involved in the operation of, unmanned aircraft and unmanned aircraft systems to ensure they are in compliance with all the legal duties that may be applicable to their involvement in the operation of any unmanned aircraft and unmanned aircraft systems.

This Chapter is not intended to preempt Federal laws, State laws or FAA rules and regulations, but to operate in
conjunction with those rules to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft
systems within the City.
105.02 Definitions.

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise, or if there is a conflict between a definition of this section and federal or state law, the definition set under federal or state law is controlling:

A. “CITY MANAGER’S DESIGNEE” – means the
City Manager or any agent of the City as designated
by the City Manager.

B. “EMERGENCY RESPONDER” – means any
person engaged in providing emergency services
who is an agent of the City, the County of
Riverside, a public agency, a law enforcement
agency, the fire department, or a public safety
organization.

C. “FAA” – means the Federal Aviation
Administration.

D. “PERSON” – means and include any natural
person, corporation, company, firm, association,
organization, co-partnership, joint venture, trust,
business trust, syndicate, estate, receiver, society,
club, fraternal organization, any group, or
combination thereof acting as a unit, and any
officer, agent, employee, or servant of any of the
foregoing.

Page 5 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 165 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 E. “SPECIAL EVENT” – means any event, assembly,
or gathering held on public land or open-air facility,
private property, or commercial or industrial facility
that is open to the public and intended to attract
people. This includes, but is not limited to, sporting
events, concerts, festivals, farmer’s markets, and
other similar events.

F. “LAW ENFORCEMENT OFFICER” – means any
person authorized under federal, state, or local laws
to enforce the laws and regulations of the City of
Indio, the State of California, or the United States of America.

G. “DRONE” – means an unmanned aircraft.

H. “UNMANNED AIRCRAFT” – means an aircraft
operated without the possibility of direct human
intervention from within or on the aircraft, as
defined by Title 14 of the Code of Federal
Regulations § 1.1, and California Government Code
§ 853.5.

I. “UNMANNED AIRCRAFT SYSTEM” – means an
unmanned aircraft and associated elements
(including communication links and the
components that control the unmanned aircraft) that
are required for the operator to operate safely and
efficiently in the national airspace system, as
defined under Title 49 United States Code
Annotated § 44801(12), 14 C.F.R. § 107.3 and
California Government Code § 853.5.

J. “SMALL UNMANNED AIRCRAFT” – means an
unmanned aircraft weighing less than 55 pounds at
takeoff, this weight includes everything that is on
board or otherwise attached to the aircraft before
and after takeoff, in accordance with 14 C.F.R. §

1.1, 14 C.F.R. § 170, 14 C.F.R. § 107.1, and 14
C.F.R. § 107.3.

K. “SMALL UNMANNED AIRCRAFT SYSTEM” –
means an unmanned aircraft and associated
elements (including communication links and the

Page 6 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 166 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 components that control the unmanned aircraft) that
are required for the operator to operate safely and
efficiently in the national airspace system, as
defined under 49 U.S.C.A. § 44801(12), 14 C.F.R. §

1.1, 14 C.F.R. § 107.3, and California Government
Code § 853.5.

L. “FOREIGN CIVIL AIRCRAFT” – means any
aircraft of foreign registry that is not part of the
armed forces of a foreign nation, or a U.S.
registered aircraft owned, controlled, or operated by
persons who are not citizens or permanent residents
of the United States, as defined in 14 C.F.R. §
375.1, 14 C.F.R. § 375.11, and 14 C.F.R. § 375.10.

M. “DECLARATION OF COMPLIANCE” – means a
record submitted to the FAA that certifies the small
unmanned aircraft conforms to the Category 2, or
Category 3 requirements under 14 C.F.R. §
107.160, in accordance with 14 C.F.R. § 107.

N. “REMOTE PILOT CERTIFICATE” – means a
certificate issued pursuant to subpart C of 14 C.F.R.
§ 107 that satisfies all the requirements of 14 C.F.R.
§ 107.65 (See 14 C.F.R. § 107.52 through §
107.59).

O. “REMOTE PILOT IN COMMAND” – means a
person who holds a remote pilot certificate with a
small unmanned aircraft system rating and has final
authority and responsibility for the operation and
safety of a small unmanned aircraft operation
conducted in compliance with all provisions of 14
C.F.R. § 107 and all other federal, state, county, city or other regulations applicable to the date, time,
location, and conditions of the small unmanned
aircraft operation.

P. “PERSON MANIPULATING CONTROLS” –
means a person other than the remote pilot in
command who is controlling or manipulating the
flight, or flight controls of a small unmanned
aircraft in accordance with 14 C.F.R. § 107.12.

Page 7 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 167 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 Q. “VISUAL OBSERVER” – means a person who is
designated by the remote pilot in command to assist
the remote pilot in command and the person
manipulating the flight controls of the small
unmanned aircraft to see and avoid other air traffic
or objects in flight or on the ground, as defined
under 14 C.F.R. § 107.3.

R. “VISUAL LINE OF SIGHT” – means the remote
pilot in command, the visual observer (if one is
used), and the person manipulating the flight
controls (if one is used) of the small unmanned
aircraft system must be able to see the unmanned
aircraft throughout the entire flight with vision that
is unaided by any device other than corrective
lenses, as defined under 14 C.F.R. § 107.31.

S. “OPERATION WAIVER” – means the required
official documentation, issued by the FAA under 14
C.F.R. § 11, 14 C.F.R. § 107.200, 14 C.F.R. §
107.205, 49 U.S.C.A. § 44807, or other applicable
FAA provision, authorizing the operation of an
unmanned aircraft in a way that falls outside the
permissible operation limitations of federal
regulations. An operation waiver is required to
operate any unmanned aircraft weighing 55 pounds
or more at takeoff, or during flight.

T. “SPECIAL FLIGHT AUTHORIZATION FOR
FOREIGN CIVIL AIRCRAFT” –means the
required official documentation, issued by the FAA
in accordance with 14 C.F.R. § 170.12(c), 14 C.F.R.
§ 170.13, 14 C.F.R. § 91.715, 14 C.F.R. § 357.11,
or other applicable FAA provision, authorizing the
operation of a foreign civil aircraft or a U.S.
registered aircraft owned, controlled, or operated by
persons who are not citizens or permanent residents
of the United States.
105.03 Operating Requirements and
Restrictions.

No person may operate a drone, unmanned aircraft, or
small unmanned aircraft in a manner that is prohibited by

Page 8 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 168 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 any applicable federal, state, or local laws and regulations.

In addition to all other applicable laws and regulations, the following shall apply to the operation of drones, unmanned aircrafts, and small unmanned aircrafts within the City of Indio:

A. PREFLIGHT DESIGNATION OF REMOTE
PILOT IN COMMAND – In accordance with 14
C.F.R. § 107.19, a remote pilot in command must
be designated before any flight of a drone,
unmanned aircraft, or small unmanned aircraft.

1. REQUIRMENTS TO QUALIFY AS A
REMOTE PILOT IN COMMAND – In
accordance with 14 C.F.R. § 107.12 and
California Public Utilities Code § 21409,
no person may act as a remote pilot in
command unless:
a.That person has a remote pilot
certificate with a small unmanned
aircraft rating issued pursuant to
14 C.F.R. § 107.52 through §
107.79 and satisfies the
requirements of 14 C.F.R. §
107.65; or
b. The person is in possession of a
valid FAA–issued operation
waiver, or a special flight
authorization for foreign civil
aircraft, consistent with
international standards,
authorizing an airman to operate a
civil foreign-registered small
unmanned aircraft without an
FAA–issued remote pilot
certificate with a small unmanned
aircraft system (UAS) rating.

2. INSPECTION OF REMOTE PILOT
CERTIFICATE - A remote pilot in
command, owner, or person manipulating
the flight controls of a small unmanned
aircraft system must have their remote

Page 9 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 169 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 pilot certificate, with a small UAS rating
and identification containing the
information listed at 14 C.F.R. §
107.67(b)(1) - (3), in that person's physical
possession and readily accessible to
present for inspection, upon the request of
any federal, state, or local law
enforcement officer, and authorized
representative of the agencies identified in
14 C.F.R. § 107.7, California Public
Utilities Codes § 21410, § 21252, and all
other applicable federal, state and local
regulations.

3. INSPECTION OF OPERATION WAIVER
- A remote pilot in command, owner, or
person manipulating the flight controls of
a small unmanned aircraft system under an
operation waiver, or a special flight
authorization for foreign civil aircraft,
must have the operation waiver in their
physical possession and readily accessible
to present for inspection, upon the request
of any federal, state, or local law
enforcement officer, in accordance with 14
C.F.R. § 107, California Public Utilities
Codes § 21410, § 21252, and all other
applicable federal, state and local
regulations.

4. GENERAL DUTIES OF A REMOTE
PILOT IN COMMAND – In accordance
with 14 C.F.R. § 107.19, a remote pilot in
command has the following duties:
a.The remote pilot in command is
directly responsible for and is the
final authority as to the operation
of the small unmanned aircraft
system.
b. The remote pilot in command
must ensure that the small
unmanned aircraft will pose no
undue hazard to other people,

Page 10 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 170 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 other aircraft, or other property in
the event of a loss of control of
the small unmanned aircraft for
any reason.
c.The remote pilot in command must
ensure that the drone or small
unmanned operation complies
with all applicable regulations of
this chapter and all applicable
FAA regulations.
d. The remote pilot in command
must have the ability to direct the
small unmanned aircraft to ensure
compliance with the applicable
provisions of this chapter.

B. INSPECTION, TESTING AND
DEMONSTRATION BEFORE OPERATION - The
remote pilot in command, visual observer, owner,
operator, or person manipulating the flight controls
of a small unmanned aircraft system must, upon
request of law enforcement, allow any test or
inspection of the small unmanned aircraft system,
the remote pilot in command, the person
manipulating the flight controls of a small
unmanned aircraft system, and, if applicable, the
visual observer to determine compliance with all
applicable FAA regulations, in accordance with 14
C.F.R. § 107.7.

C. PREFLIGHT REMOTE PILOT IN COMMAND
PROCEDURE – In accordance with 14 C.F.R. §
107.49, before any flight of a small unmanned
aircraft, the remote pilot in command must do all of
the following:

1. The remote pilot in command must assess
the operating environment, considering
risks to persons and property in the
immediate vicinity both on the surface and
in the air. This assessment must include:
a.Local weather conditions; and

Page 11 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 171 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 b. Local airspace and any flight
restrictions; and
c.The location of persons and property
on the surface; and
d. Other ground hazards.

2. The remote pilot in command must ensure
that all persons directly participating in the
small unmanned aircraft operation are
informed about the operating conditions,
emergency procedures, contingency
procedures, roles and responsibilities, and
potential hazards; and

3. The remote pilot in command must ensure
that all control links between the ground
control station and the small unmanned
aircraft are working properly; and

4. If the small unmanned aircraft is powered,
the remote pilot in command must ensure
that there is enough available power for
the small unmanned aircraft system to
operate for the intended operational time;
and

5. The remote pilot in command must ensure
that any object attached or carried by the
small unmanned aircraft is secure and does
not adversely affect the flight
characteristics or controllability of the
aircraft; and

6. If the operation will be conducted over
human beings, the remote pilot in
command must ensure that the aircraft
meets the requirements of 14 C.F.R. §
107.110, § 107.120(a), § 107.130(a), or §
107.140, as applicable; and

Page 12 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 172 of 487 00090999.1 Ordinance No.1780 Page 1 of 35

7. In accordance with 14 C.F.R. § 107.15, no
person may operate a civil small
unmanned aircraft system unless it is in a
condition for safe operation. Before each
flight, the remote pilot in command must
check the small unmanned aircraft system
to determine whether it is in a condition
for safe operation.

D. PERSON MANIPULATING CONTROLS – In
accordance with 14 C.F.R. § 107.12, no person may
manipulate the flight controls of a small unmanned
aircraft system unless:

1. That person has a remote pilot certificate
with a small unmanned aircraft rating
issued pursuant to 14 C.F.R. § 107.52
through § 107.79 and satisfies the
requirements of 14 C.F.R. § 107.65; or

2. That person is under the direct supervision
of a remote pilot in command and the
remote pilot in command can immediately
take direct control of the flight of the small
unmanned aircraft.

E. USE OF A VISUAL OBSERVER – In accordance
with 14 C.F.R. § 107.33, if a visual observer is used
during the aircraft operation, all of the following
requirements must be met:

1. The remote pilot in command, the person
manipulating the flight controls of the
small unmanned aircraft system, and the
visual observer must maintain effective
communication with each other at all
times.

2. The remote pilot in command must ensure
that the visual observer is able to maintain
a continuous visual line of sight of the
unmanned aircraft throughout the entire
flight with vision that is unaided by any
device other than corrective lenses, in
accordance with 14 C.F.R. § 107.31.

Page 13 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 173 of 487 00090999.1 Ordinance No.1780 Page 1 of 35

3. The remote pilot in command, the person
manipulating the flight controls of the
small unmanned aircraft system, and the
visual observer must coordinate to do the
following:
a.Scan the airspace where the small
unmanned aircraft is operating for
any potential collision hazard; and

b. Maintain awareness of the
position of the small unmanned
aircraft through direct visual
observation.

F. GENERAL OPERATION REQUIREMENTS
DURING FLIGHT – The remote pilot in command,
and the person manipulating the flight controls of
the small unmanned aircraft system, must comply
with all of the operating regulations under 14 C.F.R.
§ 107, and all other applicable FAA regulations
when operating a drone, unmanned aircraft, or small
unmanned aircraft, including but not limited to:

1. REQUIRED CERTIFICATION AND
REGISTRATION – In accordance with 14
C.F.R. § 107.13, a person operating a
drone, unmanned aircraft, or small
unmanned aircraft, for purposes of flight,
must ensure the drone unmanned aircraft,
or small unmanned aircraft complies with
all applicable FAA certification and
registration requirements, including but
not limited to the provisions of 14 C.F.R.
§ 91.203(a)(2) and California Public
Utilities Code § 21411.

2. OPERATION LIMITATIONS DURING
FLIGHT – in accordance with 14 C.F.R. §
107.51 and all other applicable federal,
state, and local regulations, a remote pilot
in command, and the person manipulating
the flight controls of the small unmanned

Page 14 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 174 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 aircraft system, must comply with all of
the following operating limitations when
operating a small unmanned aircraft
system:
a.The groundspeed of the small
unmanned aircraft may not exceed
87 knots (100 miles per hour).

b. The altitude of the small
unmanned aircraft cannot be
higher than 400 feet above ground
level, unless the small unmanned
aircraft is flown within a 400–foot
radius of a structure; and does not
fly higher than 400 feet above the
structure's immediate uppermost
limit.
c.The minimum flight visibility, as
observed from the location of the
control station must be no less
than 3 statute miles. For purposes
of this section, flight visibility
means the average slant distance
from the control station at which
prominent unlighted objects may
be seen and identified by day and
prominent lighted objects may be
seen and identified by night.
d. The minimum distance of the
small unmanned aircraft from
clouds must be no less than 500
feet below the cloud and 2,000
feet horizontally from the cloud.

3. MEDICAL CONDITION - In accordance
with 14 C.F.R. § 107.17, no person may
manipulate the flight controls of a small
unmanned aircraft system or act as a
remote pilot in command, visual observer,
or direct participant in the operation of the
small unmanned aircraft if they know or
has reason to know that they have a

Page 15 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 175 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 physical or mental condition that would
interfere with the safe operation of the
small unmanned aircraft system.

4. ALCOHOL OR DRUGS – No person may
manipulate the flight controls of a small
unmanned aircraft system, or act as a
remote pilot in command, or a visual
observer within 8 hours after the
consumption of any alcoholic beverage;
while under the influence of alcohol; while
using any drug that affects the person’s
faculties in a way contrary to safety; or
while having an alcohol concentration of

0.04 or greater in a blood or breath
specimen, in accordance with 14 C.F.R. §
107.27, 14 C.F.R. § 91.17 and California
Public Utilities Codes § 21407.1, § 21415.
a.SUBMISSION TO TESTING

RELATED TO ALCOHOL OR
DRUGS - A person manipulating
the flight controls of a small
unmanned aircraft system or
acting as a remote pilot in
command or visual observer shall,
upon request of a law enforcement
officer, submit to a test to indicate
the alcohol concentration in the
blood or breath, or the presence of
any drug in the blood, in
accordance with 14 C.F.R. §
107.59, 14 C.F.R. § 91.17, and
California Public Utilities Codes §
21407.2 and § 21252.

b. REFUSAL OF TESTING - The
law enforcement officer
requesting a person manipulating
the flight controls of a small
unmanned aircraft system or
acting as a remote pilot in
command or visual observer to
submit to a chemical test of the
blood, breath, or urine in

Page 16 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 176 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 accordance with this section, shall
report any person manipulating
the flight controls of a small
unmanned aircraft system, or
acting as a remote pilot in
command, or visual observer
refusing to submit to the chemical
test to the Federal Aviation
Administration for appropriate
administrative action in
accordance with 14 C.F.R. §
107.57, 14 C.F.R. § 107.59, 14
C.F.R. § 91.17, and California
Public Utilities Codes § 21407.2.

5. OPERATION OF MULTIPLE
UNMANNED AIRCRAFT - In
accordance with 14 C.F.R. § 107.35, a
person may not manipulate flight controls
or act as a remote pilot in command or
visual observer in the operation of more
than one drone, unmanned aircraft, or
small unmanned aircraft at the same time,
unless the operation is in accordance with
a valid operation waiver.

6. OPERATION NEAR AIRCRAFT – In
accordance with 14 C.F.R. § 107.37, No
person may operate a drone, unmanned
aircraft, or small unmanned aircraft so
close to another aircraft as to create a
collision hazard. Each drone, unmanned
aircraft, or small unmanned aircraft must
yield the right of way to all aircraft,
airborne vehicles, and launch and reentry
vehicles. Yielding the right of way means
that the drone, unmanned aircraft, or small
unmanned aircraft must give way to the
aircraft or vehicle and may not pass over,
under, or ahead of it unless well clear.

7. INTERFERENCE WITH AIRPORTS AND
HELIPORTS – In accordance with 14
C.F.R. § 107.43 and all other applicable
federal regulations, no person may operate

Page 17 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 177 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 a drone, unmanned aircraft, or small
unmanned aircraft in a manner that
interferes with operations and traffic
patterns at any airport or heliport.

8. OPERATION IN CERTAIN AIRSPACE –
In accordance with 14 C.F.R. 107.41, and
all other applicable FAA regulations, no
person may operate a drone, unmanned
aircraft, or small unmanned aircraft in
Class B, Class C, or Class D airspace or
within the lateral boundaries of the surface
area of Class E airspace designated for an
airport unless that person has prior
authorization from the applicable Air
Traffic Control.
a.Class B, C, D, and E airspace are
defined under 14 C.F.R. § 71.

9. FLIGHT RESTRICTIONS IN THE

PROXIMITY OF CERTAIN AREAS

DESIGNATED BY NOTICE TO
AIRMEN – A person acting as a remote
pilot in command must comply with the
provisions of 14 C.F.R. § 91.137 through
§ 91.145 and 14 C.F.R. § 99.7.

10. CARRIAGE OF HAZARDOUS
MATERIALS – In accordance with 14
C.F.R. § 107.36, a drone, unmanned
aircraft, or small unmanned aircraft may
not carry hazardous material. For purposes
of this section, the term hazardous material
is defined in 49 C.F.R. § 171.8.

11. CARRIAGE OF CONTROLLED
SUBSTANCES AND ALCOHOL – no
person may operate a drone, unmanned
aircraft, or small unmanned aircraft with
knowledge that narcotic drugs, marihuana,
and depressant or stimulant drugs or
substances as defined in Federal or State
statutes are carried in, on, or by the drone,
unmanned aircraft, or small unmanned

Page 18 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 178 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 aircraft, in accordance with 14 C.F.R. §

91.19 and 14 C.F.R. § 107.57. This section
does not apply to any carriage of narcotic
drugs, marihuana, and depressant or
stimulant drugs or substances authorized
by or under any Federal or State statute or
by any Federal or State agency.

12. OPERATION FROM A MOVING
VEHICLE – In accordance with 14 C.F.R.
§ 107.25, no person may operate a drone,
unmanned aircraft, or small unmanned
aircraft from a moving aircraft, or from a
moving land or water-borne vehicle
unless:
a.The small unmanned aircraft is
flown over a sparsely populated
area and is not transporting
another person's property for
compensation or hire; or
b. The operation is done in
compliance with a valid operation
waiver.

G. OPERATIONS OVER HUMAN BEINGS – Except
as provided in 14 C.F.R. § 107.39(a), § 107.39(b)
and § 107.145, a remote pilot in command may
conduct operations over human beings only in
accordance with the following, as applicable: 14
C.F.R. § 107.110 for Category 1 operations; 14
C.F.R. § 107.115 and 14 C.F.R. § 107.120 for
Category 2 operations; 14 C.F.R. § 107.125 and 14
C.F.R. § 107.130 for Category 3 operations; or 14
C.F.R. § 107.140 for Category 4 operations.

1. OPERATION OVER HUMAN BEINGS –
Pursuant to 14 C.F.R. § 107.39, no person
may operate a small unmanned aircraft
over a human being unless:
a.That human being is directly
participating in the operation of
the small unmanned aircraft; or

Page 19 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 179 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 b. That human being is located under
a covered structure or inside a
stationary vehicle that can provide
reasonable protection from a
falling small unmanned aircraft;
or
c.The operation meets the
requirements of at least one of the
operational categories specified in
14 C.F.R. § 107.100-165; or
d. The operation is done in
compliance with a valid operation
waiver.

2. OPERATION OVER HUMAN BEINGS IN
MOVING VEHICLES - Pursuant to 14
C.F.R. § 107.145, no person may operate a
small unmanned aircraft over a human
being located inside a moving vehicle
unless the following conditions are met:
a.The operation occurs in accordance
with § 107.110 for Category 1
operations; § 107.115 for
Category 2 operations; § 107.125
for Category 3 operations; or §
107.140 for Category 4
operations.
b. For an operation under Category
1, Category 2, or Category 3, the
small unmanned aircraft,
throughout the operation, must
remain within or over a closed- or
restricted-access site, and all
human beings located inside a
moving vehicle within the closed-
or restricted-access site must be
on notice that a small unmanned
aircraft may fly over them; or
must not maintain sustained flight
over moving vehicles.

Page 20 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 180 of 487 00090999.1 Ordinance No.1780 Page 1 of 35

c.For a Category 4 operation, the small
unmanned aircraft must have an
airworthiness certificate issued by
the FAA and be operated in
accordance with the operating
limitations approved by the FAA.

3. CATEGORY 1 OPERATIONS - 14 C.F.R.
§ 107.110
a.A remote pilot in command must use
a small unmanned aircraft that
weighs 0.55 pounds or less on
takeoff and throughout the
duration of each operation under
Category 1, including everything
that is on board or otherwise
attached to the aircraft, and does
not contain any exposed rotating
parts that would lacerate human
skin upon impact with a human
being.
b. No remote pilot in command may
operate a small unmanned aircraft
in sustained flight over open-air
assemblies of human beings
unless the operation meets the
requirements of either 14 C.F.R. §

89.110 or 14 C.F.R. § 89.115(a).

4. CATEGORY 2 OPERATIONS – In
accordance with 14 C.F.R. § 107.120, to
be eligible for use in Category 2
operations, the small unmanned aircraft
must be designed, produced, or modified
such that it meets all of the following
requirements:
a.CHARACTERISTICS – In
accordance with 14 C.F.R. §
107.120(a), the small unmanned
aircraft will not cause injury to a
human being that is equivalent to

Page 21 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 181 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 or greater than the severity of
injury caused by a transfer of 11
foot-pounds of kinetic energy
upon impact from a rigid object;
does not contain any exposed
rotating parts that would lacerate
human skin upon impact with a
human being; and does not
contain any safety defects.
b. LABELING – In accordance with
14 C.F.R. § 107.120(b)(1), the
small unmanned aircraft must
display a label on the small
unmanned aircraft indicating
eligibility to conduct Category 2
operations. The label must be in
English and be legible, prominent,
and permanently affixed to the
small unmanned aircraft.
c.COMPLIANCE – In accordance
with 14 C.F.R. § 107.120(b)(2)
and (3), the small unmanned
aircraft must meet all of the
requirements of 14 C.F.R. §
107.120(b) and have the necessary
declaration of compliance.
d. In accordance with 14 C.F.R. §
107.115, A remote pilot in
command must use a small
unmanned aircraft that is eligible
for Category 2 operations
pursuant to 14 C.F.R. §
107.120(a); and is listed on an
FAA accepted declaration of
compliance as eligible for
Category 2 operations in
accordance with 14 C.F.R. §
107.160; and is labeled as eligible
to conduct Category 2 operations
in accordance with 14 C.F.R. §
107.120(b)(1).

Page 22 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 182 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 e.OPERATION REQUIREMENTS –
No remote pilot in command may
operate a small unmanned aircraft
in sustained flight over open-air
assemblies of human beings
unless the operation meets the
requirements of either 14 C.F.R. §

89.110 or 14 C.F.R. § 89.115(a).

5. CATEGORY 3 OPERATIONS – In
accordance with 14 C.F.R. § 107.130, to
be eligible for use in Category 3
operations, the small unmanned aircraft
must be designed, produced, or modified
such that it meets all of the following
requirements:
a.CHARACTERISTICS – In
accordance with 14 C.F.R. §
107.130(a), the small unmanned
aircraft will not cause injury to a
human being that is equivalent to
or greater than the severity of the
injury caused by a transfer of 25
foot-pounds of kinetic energy
upon impact from a rigid object;
does not contain any exposed
rotating parts that would lacerate
human skin upon impact with a
human being; and does not
contain any safety defects.
b. LABELING – In accordance with
14 C.F.R. § 107.130(b)(1), the
small unmanned aircraft must
display a label on the small
unmanned aircraft indicating
eligibility to conduct Category 3
operations. The label must be in
English and be legible, prominent,
and permanently affixed to the
small unmanned aircraft.
c.COMPLIANCE – In accordance
with 14 C.F.R. § 107.130(b)(2)

Page 23 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 183 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 and (3), the small unmanned
aircraft must meet all of the
requirements of 14 C.F.R.
107.130(b) and have the necessary
declaration of compliance.
d. OPERATION REQUIREMENTS
– In accordance with 14 C.F.R. §
107.125, to conduct Category 3
operations, a remote pilot in
command must use a small
unmanned aircraft that is eligible
for Category 3 operations
pursuant to § 107.130(a); is listed
on an FAA–accepted declaration
of compliance as eligible for
Category 3 operations in
accordance with § 107.160; and is
labeled as eligible for Category 3
operations in accordance with §
107.130(b)(1).

e.OPERATION LIMITATIONS – In
accordance with 14 C.F.R. §
107.125, to conduct Category 3
operations, a remote pilot in
command must not operate the
small unmanned aircraft over
open-air assemblies of human
beings; and may only operate the
small unmanned aircraft above
any human being if the operation
is within or over a closed- or
restricted-access site and all
human beings located within the
closed- or restricted-access site
must be on notice that a small
unmanned aircraft may fly over
them; or the small unmanned
aircraft does not maintain
sustained flight over any human
being unless that human being is
directly participating in the
operation of the small unmanned
aircraft; or is located under a

Page 24 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 184 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 covered structure, or inside a
stationary vehicle that can provide
reasonable protection from a
falling small unmanned aircraft.

6. LABELING BY REMOTE PILOT IN
COMMAND FOR CATEGORY 2 AND
CATEGORY 3 OPERATIONS – In
accordance with 14 C.F.R. § 107.135, if a
Category 2 or Category 3 label affixed to a
small unmanned aircraft is damaged,
destroyed, or missing, a remote pilot in
command must label the aircraft in
English such that the label is legible,
prominent, and will remain on the small
unmanned aircraft for the duration of the
operation before conducting operations
over human beings. The label must
correctly identify the category or
categories of operation over human beings
that the small unmanned aircraft is
qualified to conduct in accordance with 14
C.F.R. § 107.100 through 14 C.F.R. §
107.165.

7. CATEGORY 4 OPERATIONS – In
accordance with 14 C.F.R. § 107.140, to
be eligible for use in Category 4
operations over human beings, the small
unmanned aircraft must meet all of the
following requirements:
a.In accordance with 14 C.F.R. §
107.140(b), the small unmanned
aircraft must have an
airworthiness certificate issued by
the FAA and be operated in
accordance with the operating
limitations approved by the FAA.
b. In accordance with 14 C.F.R. §
107.140(b)(3) and 14 C.F.R. §
107.140(b)(c), the owner of the
small unmanned aircraft must
have maintenance, preventive

Page 25 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 185 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 maintenance, alterations, or
inspections performed on the
small unmanned aircraft in
compliance with 14 C.F.R. §
107.140, and the owner must
maintain all records of
maintenance, preventive
maintenance, and alterations
performed on the aircraft.
c.In accordance with 14 C.F.R. §
107.140(d), compliance with 14
C.F.R. § 43 and part 14 C.F.R. §

91.401 through 14 C.F.R. §

91.421, fulfills the requirements
in paragraphs 14 C.F.R. §
107.140(b)(3) and 14 C.F.R. §
107.140(c).

8. OPERATING IN MULTIPLE
CATEGORIES – In accordance with 14
C.F.R. § 107.150, a small unmanned
aircraft system may be eligible for one or
more categories of operation over human
beings under this subpart, as long as a
remote pilot in command cannot
inadvertently switch between modes or
configurations.

H. NIGHT OPERATIONS - In accordance with 14
C.F.R. § 107.29, no person may operate a small
unmanned aircraft at night unless:

1. The remote pilot in command of the small
unmanned aircraft has completed an initial
knowledge test or training, as applicable,
under 14 C.F.R. § 107.65 after April 6,
2021; and

2. The small unmanned aircraft has lighted
anti-collision lighting visible for at least 3
statute miles that has a flash rate sufficient
to avoid a collision. The remote pilot in
command may reduce the intensity of, but
may not extinguish, the anti-collision

Page 26 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 186 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 lighting if they determine that, because of
operating conditions, it would be in the
interest of safety to do so; or

3. The person is operating under a valid
operation waiver issued after May 17,
2021.

I. TWILIGHT OPERATIONS - In accordance with
14 C.F.R. § 107.29, no person may operate a small
unmanned aircraft during civil twilight unless:

1. The small unmanned aircraft has lighted
anti-collision lighting visible for at least 3
statute miles that has a flash rate sufficient
to avoid a collision. The remote pilot in
command may reduce the intensity of, but
may not extinguish, the anti-collision
lighting if they determine that, because of
operating conditions, it would be in the
interest of safety to do so.

2. For purposes of this section, civil twilight is
the 30 minutes before official sunrise and
the 30 minutes after official sunset.

J. HAZARDOUS OPERATION – In accordance with
14 C.F.R. § 107.15 and California Public Utilities
Code § 21407, no person may:

1. Operate a drone, unmanned aircraft, or small
unmanned aircraft in a careless or reckless
manner so as to endanger the life or
property of another.

2. Allow an object to be dropped from a drone,
unmanned aircraft, or small unmanned
aircraft in a manner that creates an undue
hazard to persons or property.

3. Hazardous operation of a drone, unmanned
aircraft, or small unmanned aircraft
includes any operation in violation of
applicable federal, state, or local laws and
regulations, including but not limited to,

Page 27 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 187 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 the operation of a drone, unmanned
aircraft, or small unmanned aircraft
without the required certification,
registration, operation waiver, permit,
written authorization, records, or other
necessary documentation for the operation
of the drone, unmanned aircraft, or small
unmanned aircraft under the
circumstances.

4. In any proceeding charging operation of a
drone, unmanned aircraft, or small
unmanned aircraft in violation of this
section, the court in determining whether
the operation was careless or reckless, may
consider the standards for safe operation
of aircraft prescribed by federal statutes or
regulations governing aeronautics.

5. No person may continue flight of a drone,
unmanned aircraft, or small unmanned
aircraft when they know or have reason to
know that the drone, unmanned aircraft, or
small unmanned aircraft is no longer in a
condition for safe operation.

K. INVASION OF PRIVACY – No person may
operate a drone, unmanned aircraft, or small
unmanned aircraft in a manner that violates an
individual’s reasonable expectation of privacy, as
set forth by all applicable state laws, or record or
transmit any visual image, sound recording, or other
physical impression of any person or private real
property located in the City of Indio under
circumstances in which the subject person or owner
of the subject real property has a reasonable
expectation of privacy, including, but not limited to,
inside the premises or curtilage of a private
residence, office, or hotel room, or inside an
enclosed yard or exterior deck. (See California Civil
Code § 1708.8 and § 3480)
L. INTERFERENCE WITH PERSONNEL AT THE
SCENE OF AN EMERGENCY – In accordance
with California Penal Code § 402, no person may

Page 28 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 188 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 operate a drone, unmanned aircraft, or small
unmanned aircraft, within the City of Indio, in a
manner that impedes the activities of police officers,
firefighters, emergency medical, or other
emergency personnel, or military personnel coping
with an emergency in the course of their duties
during the time it is necessary for emergency
vehicles or those personnel to be at the scene of the
emergency or to be moving to or from the scene of
the emergency for the purpose of protecting lives or
property, unless it is part of the duties of that
person's employment to operate a drone, unmanned
aircraft, or small unmanned aircraft to view that
scene or those activities.

M. WEAPONS – No person may operate a drone,
unmanned aircraft, or small unmanned aircraft,
within the City of Indio, that contains, or has
affixed or attached to it, hazardous materials, a
weapon, a firearm, a bb device, an explosive, a
device, or container assembled for the purpose of
causing an explosion, or any other item that may be
used as a weapon.

N. PUBLIC AREAS – No person may operate a drone,
unmanned aircraft, or small unmanned aircraft,
within the City of Indio, over any public street,
park, sidewalk, hiking trail, railway, parking lots or
any other public areas in the City of Indio where
people or vehicles travel or gather, unless the
operation is in accordance with all applicable
federal, state, and local regulations.

O. PRIVATE PROPERTY – No person may operate a
drone, unmanned aircraft, or small unmanned
aircraft above, any private property unless:

1. The operation is conducted in compliance
with the express written consent of the
property owner, or if the property is being
rented, with the express written consent of
the current tenant of the property.

2. Any operation of a drone, unmanned
aircraft, or small unmanned aircraft over

Page 29 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 189 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 private property must comply with all
applicable federal, state, and local
regulations.

P. COMMERCIAL PROPERTY – No person may
operate a drone, unmanned aircraft, or small
unmanned aircraft above, any commercial property
unless:

1. The operation is conducted with the express
written consent of the property owner, or
if the property is being rented, with the
express written consent of the current
tenant of the property.

2. Any operation of a drone, unmanned
aircraft, or small unmanned aircraft over
commercial property must comply with all
applicable federal, state, and local
regulations.

Q. INJURY – Any person who causes injury to another
person while operating a drone, unmanned aircraft,
or small unmanned aircraft shall comply with all
applicable federal, state, and local laws and
regulations, including but not limited to the
following:

1. The operator shall notify the Indio Police
Department of the injury within 24 hours
of the incident.

2. The operator shall give the operator’s name
and current residential address to the
City’s Police Department and shall also
present a valid and unexpired form of
identification issued by the United States
federal government, a state government, or
foreign government.

3. The operator shall render to any person
injured during the incident reasonable
assistance, including transporting, or
making arrangements for transporting, any
injured person to a physician, surgeon, or

Page 30 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 190 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 hospital for medical or surgical treatment
if it is apparent that treatment is necessary
or if that transportation is requested by any
injured person.

4. Each failure to report injury to another
person as required by this section shall
constitute a separate violation of this
Chapter.

5. Compliance with this section does not
constitute compliance with any other
reporting requirements or mandatory
duties required under federal, state, or
local laws and regulations. It is the
responsibility of all persons involved in
any operation of a drone, unmanned
aircraft, or small unmanned aircraft to
ensure they are in compliance with all
applicable legal duties that may be
applicable to their role in the operation of
any drone, unmanned aircraft, or small
unmanned aircraft.

R. PROPERTY DAMAGE - Any person who causes
damage to the property of another person while
operating a drone, unmanned aircraft, or small
unmanned aircraft shall comply with all applicable
federal, state, and local laws and regulations,
including but not limited to the following:

1. The operator of the drone, unmanned
aircraft, or small unmanned aircraft shall
immediately locate and notify the owner
or person in charge of the damaged
property; and

2. Provide the owner or person in charge of the
damaged property the full name and
address of the operator and owner of the
drone, unmanned aircraft, or small
unmanned aircraft involved; and

3. Upon request, the operator of the drone,
unmanned aircraft, or small unmanned

Page 31 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 191 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 aircraft shall also present the owner or
person in charge of the damaged property
all of the following applicable
information:
a.The operator’s remote pilot
certificate; or
b. Proof the operator has passed an
aeronautical knowledge and safety
test described in subsection 49
U.S.C. 44809(g); or
c.A valid operation waiver; or
d. Other documentation authorizing
the operation of the drone,
unmanned aircraft, or small
unmanned aircraft involved; and
e.The registration and identification
information of the drone,
unmanned aircraft, or small
unmanned aircraft, involved; and
f. A valid and unexpired form of
identification issued by the United
States federal government, a state
government, or foreign
government.
g. The information presented shall
include the current residence
address of the operator and owner
of the drone, unmanned aircraft, or
small unmanned aircraft involved

4. If the operator of the drone, unmanned
aircraft, or small unmanned aircraft is
unable to locate and notify the owner or
person in charge of the damaged property
they shall leave in a conspicuous place on
the property damaged a written notice
giving the name and address of the
operator and of the owner of the drone,

Page 32 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 192 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 unmanned aircraft, or small unmanned
aircraft involved and a statement of the
circumstances thereof. The operator must
also provide this information to the City’s
Police Department within 24 hours of the
incident.

5. The operator of the drone, unmanned
aircraft, or small unmanned aircraft shall
take reasonable steps to determine the
value of the damage and if the value of the
damage to the property involved exceeds
$1,000, the operator shall notify the City’s
Police Department within 24 hours of
determining, or being informed of, the
value of the damage.

6. Each failure to report an incident of property
damage as required by this section shall
constitute a separate violation of this
Chapter.

7. Compliance with this section does not
constitute compliance with any other
reporting requirements or mandatory
duties required under federal, state, or
local laws and regulations. It is the
responsibility of all persons involved in
any operation of a drone, unmanned
aircraft, or small unmanned aircraft to
ensure they are in compliance with all
applicable legal duties that may be
applicable to their role in the operation of
any operation of a drone, unmanned
aircraft, or small unmanned aircraft.

S. NO FLY PROCLAMATIONS – The City Manager,
the Chief of Police, the Fire Chief, or their
respective designees may issue “No Fly”
proclamations prohibiting drone, unmanned aircraft,
or small unmanned aircraft operations in the City of
Indio as necessary to protect public safety. No Fly
proclamations shall specify the locations, dates, and
times that drone, unmanned aircraft, or small
unmanned aircraft operations are prohibited and

Page 33 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 193 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 shall be posted on the City’s website, at City Hall,
and at the Police Department. Operators of drones,
unmanned aircraft, or small unmanned aircraft are
required to verify whether a No Fly proclamation is
in effect prior to initiating drone, unmanned aircraft, or small unmanned aircraft operations. No Fly
proclamations may be imposed citywide or limited
to certain areas and may be in effect for certain
times or for certain dates in their entirety, as
necessary to protect public safety. It is a violation to operate a drone, unmanned aircraft, or small
unmanned aircraft during No Fly hours, or to fail to
immediately cease drone, unmanned aircraft, or
small unmanned aircraft operations after being
notified by law enforcement or an agent of a public
safety agency that a No Fly restriction is in effect.
105.04 Protected Sites.

A. OPERATIONS IN PROTECTED SITES – In
accordance with 14 C.F.R. § 107.45, no person may
operate a drone, unmanned aircraft, or small
unmanned aircraft in prohibited or restricted areas
unless that person has permission from the using or
controlling agency, as appropriate.

1.City Government Buildings. No person
may operate a drone, unmanned aircraft,
or small unmanned aircraft above or
within a 500-foot horizontal distance of
any city government building, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the chief
administrator of the building.
c.The remote pilot in command must
have the written authorization in
their physical possession and
readily accessible to present for

Page 34 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 194 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 inspection, upon the request of any
law enforcement officer, the chief
administrator of the building, City
Manager, or other designated
representative of the City of Indio.

2.City Hall. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of City Hall, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the City
Manager or other designated
representative of the City of Indio.
c.The remote pilot in command must
have the written authorization in
their physical possession and
readily accessible to present for
inspection, upon the request of any
law enforcement officer, the chief
administrator of the building, the
City Manager or the designated
representative of the City of Indio.

3.Courts. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of any courthouse or
courthouse facilities that are operated,
controlled, owned or managed by the State
of California or the Judicial Council of
California, unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the

Page 35 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 195 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 State of California or the Judicial
Council of California.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
State of California or the Judicial
Council of California in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer, Judge or
commissioner of the courthouse, or
the designated representative of the
State of California or the Judicial
Council of California.

4.Jails, Juvenile Hall, and other Custody
facilities. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of any juvenile hall,
jail, prison, or other custody facility,
unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
Riverside County Sheriff’s
Department or the California
Department of Corrections and
Rehabilitation.
c.The remote pilot in command must
have the written authorization of
the Riverside County Sheriff’s
Department or the California
Department of Corrections in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer, or

Page 36 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 196 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 representative of the of the
Riverside County Sheriff’s
Department or the California
Department of Corrections and
Rehabilitation. (See California
Penal Code § 4577).

5.Police Stations. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any Indio
police station, structure, or facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the Chief
of Police or the designated
representative of the Indio Police
Department.
c.The remote pilot in command must
have the written authorization of
the Chief of Police, or the
designated representative of the
Indio Police Department, in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the Indio Police
Department.

6.Sheriff Stations. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any Riverside
County Sheriff’s station or structure,
unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and

Page 37 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 197 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 b. Is operating in compliance with the
written authorization of the
Riverside County Sheriff’s
Department.
c.The remote pilot in command must
have the written authorization of
the Riverside County Sheriff’s
Department in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer or representative of the
Riverside County Sheriff’s
Department.

7.Fire Stations. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any fire station,
structure, or facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the Fire
Department.
c.The remote pilot in command must
have the written authorization of
the Fire Department in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer, or
representative of the Fire
Department.

8.Schools. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot

Page 38 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 198 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 horizontal distance of any school building,
property, or facility unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
principal or superintendent of the
school.
c.The remote pilot in command must
have the written authorization of
the principal or superintendent of
the school in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer, school staff, or
representative of the of the school
or school district.

9.Public Utility Facilities. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a
500-foot horizontal distance of any public
utility facility, including, but not limited
to, any water, sewage, or electric
generating facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the public
utility facility.
c.The remote pilot in command must
have the written authorization of
the public utility facility in their
physical possession and readily
accessible to present for inspection,
upon the request of any law

Page 39 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 199 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 enforcement officer or
representative of the public utility
facility.

10.Communication and Utility Lines. No
person may operate a drone, unmanned
aircraft, or small unmanned aircraft above
or within a 500-foot horizontal distance of
any, cell tower, overhead wire, cable,
conveyor, or similar equipment for the
transmission of sounds, signal, heat, light,
power, utility, or data, within the City,
unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the chief
administrator of the equipment.
c.The remote pilot in command must
have the written authorization of
the chief administrator of the
equipment, in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer, or chief administrator of
the equipment.

11.Religious Institutions. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a
500-foot horizontal distance of any place
of worship, building, facility, or property
owned, rented or operated by a religious
institution, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and

Page 40 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 200 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 b. Is operating in compliance with the
written authorization of the
designated representative of the
religious institution.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
religious institution in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the religious
institution.

12.Hospitals. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any hospital
building or facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
hospital administrator or
authorized representative of the
hospital.
c.The remote pilot in command must
have the written authorization of
the hospital administrator, or
authorized representative of the
hospital, in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer or hospital staff.

13.County Buildings. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a

Page 41 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 201 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 500-foot horizontal distance of any
building, property, or facilities that are
operated, controlled, owned, or managed
by the County of Riverside, unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
County of Riverside.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
County of Riverside in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or employee of
the County of Riverside.

14.State Buildings. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any building,
property, or facilities that are operated,
controlled, owned, or managed by the
State of California, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
State of California.
c.The remote pilot in command must
have the written authorization of
the State of California in their
physical possession and readily

Page 42 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 202 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the State of
California.

15.Federal Buildings. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a
500-foot horizontal distance of any
building, property, or facilities that are
operated, controlled, owned, or managed
by the United States of America, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
United States of America.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
United States of America in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the United States
of America.

16.Special Events. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any Special
Event held in the City, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and

Page 43 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 203 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 b. Is operating in compliance with the
written authorization of the City
Manager or their designee.
c.The remote pilot in command must
have the written authorization of
the City Manager or their designee
in their physical possession and
readily accessible to present for
inspection, upon the request of any
law enforcement officer, the City
Manager or their designee.
105.05 Exemptions.

A. In accordance with 14 C.F.R. § 48.15 and 49
U.S.C.A. § 44809, a person may operate a drone or
unmanned aircraft in the City of Indio without
specific certification or operating authority from the
Federal Aviation Administration if the operation
adheres to all of the following limitations:

1. The aircraft weighs 0.55 pounds (250
grams) or less on takeoff, including
everything that is on board or otherwise
attached to the aircraft.

2. The aircraft is flown strictly for recreational
purposes.

3. The aircraft is operated in accordance with
or within the programming of a
community-based organization's set of
safety guidelines that are developed in
coordination with the Federal Aviation
Administration.

4. The aircraft is flown within the visual line of
sight of the person operating the aircraft or
a visual observer co-located and in direct
communication with the operator.

5. The aircraft is operated in a manner that
does not interfere with and gives way to
any manned aircraft.

Page 44 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 204 of 487 00090999.1 Ordinance No.1780 Page 1 of 35

6. In Class B, Class C, or Class D airspace or
within the lateral boundaries of the surface
area of Class E airspace designated for an
airport, the operator obtains prior
authorization from the Administrator or
designee before operating and complies
with all airspace restrictions and
prohibitions.

7. In Class G airspace, the aircraft is flown
from the surface to not more than 400 feet
above ground level and complies with all
airspace restrictions and prohibitions.

8. The operator has passed an aeronautical
knowledge and safety test described in
subsection 49 U.S.C. § 44809(g) and
maintains proof of test passage to be made
available to the Administrator or law
enforcement upon request.

B. Drone or unmanned aircraft operations that do not
comply with all of the requirements in of this
section must comply with all federal, state, and
local laws and regulations generally applicable to
drones, unmanned aircraft, and small unmanned
aircraft, including but not limited to registration
requirements, and obtaining operating authority
from the Federal Aviation Administration.

C. The provisions of this Chapter shall not apply to
any drone, unmanned aircraft, or small unmanned
aircraft that is used or operated on behalf of the City or any law enforcement, public safety, or
government agency in compliance with all
applicable federal, state, and local laws and
regulations.

D. The provisions of this Chapter shall not apply to
any aircraft that is used or operated on behalf of the
Armed Forces of the United States.
105.06 Commercial Operations.

Page 45 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 205 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 A. In addition to the other requirements of this
Chapter, commercial drone, unmanned aircraft, or
small unmanned aircraft operators must comply
with all applicable federal, state, and local laws and
regulations while operating within the City.

B. A business license must be obtained from the City
before commencing any commercial drone,
unmanned aircraft, or small unmanned aircraft
activities within the City. If commercial drone,
unmanned aircraft, or small unmanned aircraft
activities involve operating in, or passing through,
multiple jurisdictions, the commercial drone,
unmanned aircraft, or small unmanned aircraft
operator is responsible for paying the proportionate
business license fees and taxes due to the City for
the proportion of operations occurring within the
limits of the City and its airspace.

C. Commercial drone, unmanned aircraft, or small
unmanned aircraft operators must submit a request
for approval at least ten (10) business days to the
City before commencing any commercial drone,
unmanned aircraft, or small unmanned aircraft
operations. The request for approval must include
all of the following:

1. The intended flight plan; and

2. The date of the operation; and

3. If the operation will be done during the day
or night; and

4. If the operation will be done over human
beings; and

5. If the operation will be done over vehicles;
and

6. Any FAA approved operation waiver; and

7. Number of drones, unmanned aircraft, or
small unmanned aircraft; and

Page 46 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 206 of 487 00090999.1 Ordinance No.1780 Page 1 of 35

8. All required registration, identification and
certification numbers for all drones,
unmanned aircraft, or small unmanned
aircraft being used during the operation;
and

9. The full names of all remote pilots, visual
observers (if used), or persons
manipulating controls (if used); and

10. A copy of all remote pilot certificates for
all remote pilots participating in the
operation.

D. Before approval the remote pilot in command,
visual observer, owner, operator, or person
manipulating the flight controls of a small
unmanned aircraft system must, upon request of the
City, allow any test or inspection of the small
unmanned aircraft system, the remote pilot in
command, the person manipulating the flight
controls of a small unmanned aircraft system, and,
if applicable, the visual observer to determine
compliance with all applicable federal, state, and
local laws and regulations, and this Chapter, in
accordance with 14 C.F.R. § 107.7 and 14 C.F.R. §
107.45.
105.07 Enforcement.

A. Any drone, unmanned aircraft, or small unmanned
aircraft operated in violation of any provision of this Chapter is hereby declared to be a public nuisance.

B. Any unmanned aircraft system, or small unmanned
aircraft system operated in violation of any
provision of this Chapter is hereby declared to be
unlawful and a public nuisance.

C. Any party who engages in a violation of this
Chapter, or who owns, possesses, manages,
controls, operates, or has charge of any drone,
unmanned aircraft, or small unmanned aircraft in
violation of this Chapter, shall be subject to the
penalties and remedies provided by this Chapter.

Page 47 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 207 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 D. Any violation of this Chapter shall constitute a
separate offense for each and every day the
violation occurs or persists.

E. Any person in violation of any provision of this
Chapter shall be guilty of a misdemeanor and shall
be punishable by a fine of up to $1,000 and by
imprisonment of up to six months in jail.

F. Any person in violation of any provision of this
Chapter shall be punishable by an administrative
fine of up to $1,000 per offense per day.

G. Any intentional injury or property damage caused
while operating a drone, unmanned aircraft, or
small unmanned aircraft, that is otherwise in
compliance with the applicable provisions of this
chapter and all other applicable federal, state, and
local laws and regulations, shall constitute a
violation of this chapter.

H. Any injury or property damage caused while
operating a drone, unmanned aircraft, or small
unmanned aircraft, that is not in compliance with
the applicable provisions of this chapter and all
other applicable federal, state, and local laws and
regulations, shall constitute a violation of this
chapter.

I. Upon any violation of this Chapter, the City
Manager’s Designee, any Emergency Responder, or
any other law enforcement officer (collectively
“Officer”) shall be authorized to use reasonable
force in the course of the lawful performance of
their duties to cause any violating drone, unmanned
aircraft, or small unmanned aircraft to land on the
ground. Neither the City, nor the Officers involved,
shall be liable for any damage to a drone, unmanned
aircraft, or small unmanned aircraft caused by an
Officer if such damage was reasonably necessary to
the enforcement of this Chapter. (See California
Penal Code § 402, California Government Codes §
820.2, § 853 and § 853.1)

Page 48 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 208 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 J. Neither the City, nor any Emergency Responders
involved, shall be liable for any damage to any
drone, unmanned aircraft, or small unmanned
aircraft caused by a Emergency Responder while
performing emergency services if such damage was
reasonably necessary to ensure unhindered
performance of emergency services. (See California
Government Codes § 820.2, § 853 and § 853.1)
K. Any drone, unmanned aircraft, or small unmanned
aircraft found to be operated in violation of this
Chapter may be impounded and held as evidence in
any enforcement proceeding, including a
proceeding brought under this Chapter. Any
impounded drone, unmanned aircraft, or small
unmanned aircraft will be returned at the conclusion
of any enforcement proceeding upon payment to the
City of an impound fee as set forth by separate
resolution.

L. The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any
impounded drone, unmanned aircraft, or small
unmanned aircraft shall be recoverable from the
owner and operator of the drone, unmanned aircraft,
or small unmanned aircraft. Proof of liability for
any forfeiture petition under this Chapter shall be by
a preponderance of the evidence.

M. These penalties and remedies are cumulative, and in
addition to any other penalties and remedies
available to the City.

Section 3. CEQA. The City Council finds that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section § 15061 (b)(3) of Title 14 of the California Code of Regulations.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent

Page 49 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 209 of 487 00090999.1 Ordinance No.1780 Page 1 of 35 jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other person or circumstance.

The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

Section 5. The City Clerk shall certify the adoption of this Ordinance and shall cause the
same to be published or posted in the manner prescribed by law.

Section 6. This Ordinance shall go into effect thirty (30) days after its final passage.

PASSED, APPROVED, AND ADOPTED this_________th day
of____________2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Oscar Ortiz, Mayor
ATTEST:
_____________________________________________
Cynthia Hernandez, CMC
City Clerk
APPROVED AS TO FORM:
_____________________________________________
Stephen P. Graham
City Attorney

Page 50 of 50 ends

AGENDA ITEM #10.8
Second Reading of Ordinance No. 1790 , an Ordinance of the City Council ... Page 210 of 487 City of Indio
City Council
February 15, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Professional services agreement with AVI -SPI, LLC for audio visual systems in the Dispatch Center in the amount of $657,779

RECOMMENDATION:

Approve the professional services agreement between the City of Indio and AVI -SPI, LLC in the amount of $657,779 for the purchase, installation, and configuration of audio-visual equipment for the new Indio Police Department Dispatch Center

SUMMARY:

One of the main features for the new Public Safety Campus will be the new Dispatch Center and its ability to provide situational awareness. Staff conducted several meetings to go over design, requirements, and the various new technologies. After receiving the final quotes and reviewing the designs with each vendor, AVI-SPI, LLC was selected.

BACKGROUND INFORMATION:

When considering the design of the new Dispatch Center staff had visited other recently redesigned or constructed dispatch centers in Southern California to vet out what and does not work. Starting in September of 2022 staff started working with vendors on the design of the new dispatch center. Final design and quotes received from all vendors in January of 2023. Staff met with each vendor to g o over quotes, statements of work, and to ensure the final designs met our requirements. After all reviews, AVI-SPI, LLC was selected.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$657,779 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Public Safety
Source of funds: 2022 bond funds Fund-Org-Object
Reference:
331-553005

ATTACHMENTS:

AVISPL LLC- City of Indio- Professional Services Agreement

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 211 of 487

APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 03 Feb 2023 Steven Graham, City Attorney Approved - 06 Feb 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 06 Feb 2023 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 06 Feb 2023

Page 2 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 212 of 487

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THECITY OFINDIO,

ACALIFORNIA MUNICIPAL CORPORATION
AND

AVI-SPLLC
Form Approved 09/01/2022

Page 3 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 213 of 487 IND-PSA rev20220901
Page | 1

PROFESSIONALSERVICESAGREEMENT

FORPURCHASE, INSTALLATION,ANDCONFIGURATION OFEQUIPMENTFORINDIOPOLICE

DEPARTMENTDISPATCHCENTER

BETWEEN THE CITY OF INDIO ANDAVI-SPLLC

THIS PROFESSIONAL
15 day of February, 2023 INDIO
California municipal corporation and AVI-SP a Florida imited iability Company ). For the purposes of this Agreement City and Consultant are sometimes hereinafter

RECITALS

1. City has sought request for proposals the performance of the design, purchase, and installation of audio visual equipment in the City of Indio Police Department Dispatch Center defined and described particularly in Section 2
of this Agreement.

2. Consultant was selected by the City to perform those services.

3. and the professional qualifications necessary for the satisfactory performance of the services required.

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. T ERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through December 31st, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms

Page 4 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 214 of 487 IND-PSA rev20220901
Page | 2
and conditions, including compensation as set forth in Section 4 Method of Payment.
(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. S COPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit and the City agrees to retain and does
hereby retain Consultant for the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Defaultof this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. A DDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 f and
when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. C OMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts
this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $657,778.56, unless additional compensation is approved in writing in accord
P
accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24 hereof. Under no circumstances shall the total amount paid to

Page 5 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 215 of 487 IND-PSA rev20220901
Page | 3
Consultant under this Agreement
Municipal Code Section 33.116 (C)(2) without approval by the City Council. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Co
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e)
SECTION 5. I NSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant either during performance or when completed. City shall reject or finally accept Consultant within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section SECTION 6. O WNERSHIP OF DOCUMENTS.

Page 6 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 216 of 487 IND-PSA rev20220901
Page | 4
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant Section 9
models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant SECTION 7. C ONSULTANTSBOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by

Page 7 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 217 of 487 IND-PSA rev20220901
Page | 5
Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultantated for receipt of notices, of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant
such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. I NDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant
elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant
employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. S TANDARD OF PERFORMANCE.

Page 8 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 218 of 487 IND-PSA rev20220901
Page | 6
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant
standards of performance set forth this section, additional specific standards of performance and Services
applicable to Consultant
and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., tes and the
To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for

Page 9 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 219 of 487 IND-PSA rev20220901
Page | 7
performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OFINTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultants performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

Page 10 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 220 of 487 IND-PSA rev20220901
Page | 8
(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, result of Consultant
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and a
actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation)
(collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified parties. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for,

Page 11 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 221 of 487 IND-PSA rev20220901
Page | 9
with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum1 Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant
prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of / subconsultants, if any, assigned to perform the Services. /
subconsultants, if any, assigned to perform the Services prior to and during any such performance.

Page 12 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 222 of 487 IND-PSA rev20220901
Page | 10
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant Consultant
shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of
this Agreement. This final invoice shall be reviewed and paid in the same manner as set Should
termination be for reasons other than cause, Consultant shall be paid at cost for any third party cancellation\restocking fees incurred that cannot be reasonably mitigated. (e) Upon written notice, City may suspend all or any portion of Consultant under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. Upon such suspension, Consultant shall be allowed to bill for stored materials at Consultant's warehouse upon submission of requested documentation including a bill of sale, proof of insurance, and redacted vendor invoices. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to

Page 13 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 223 of 487 IND-PSA rev20220901
Page | 11
terminate this Agreement under Section 20 . Any failure on the part of the City to give notice of the Consultant
SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City:

To Consultant:

City of Indio
Attn: City Manager
100 Civic Circle Drive
Indio, CA 92201

AVI-SPLLC
Attn: Legal
6301 Benjamin Rd., Suite 101
Tampa, FL 33634
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Page 14 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 224 of 487 IND-PSA rev20220901
Page | 12
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, acting authority under the
Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, Indio Municipal Code. All
other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYSFEES, COSTS ANDEXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

Page 15 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 225 of 487 IND-PSA rev20220901
Page | 13
SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. INCORPORATION ANDCONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. 2. All Exhibits and Addendums

3. All amendments

4. 5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement
(b)
requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

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

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant [SIGNATURE PAGE FOLLOWS]

Page 16 of 69 ends

AGENDA ITEM #10.9
Professional services agreement with AVI-SPI, LLC for audio visual syste... Page 226 of 487 IND-PSA rev20220901
Page | 14

Page 17 of 69 ends

Indio City CouncilFebruary 15, 2023

Indio City Council
February 15, 2023