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3.1.7 Multi-Select Operation
1. DESCRIPTION
Multi-Select (Msel) allows the console operator to
group a number of channels/talkgroups together
such that when the general transmit bar is
depressed, all of the multi-selected
channels/talkgroups will transmit at the same time
with the same information. Multi-Select is one way
communication call. If a radio user responds to a
Multi-Select call the talkgroup the user is affiliated to will be the only one to hear the call. There is no
super-group formed, so radio communication is still
at the single talkgroup level. Multi-Select is utilized to send an APB to several channels/talkgroups. A
Multi-Select has a limit of twenty (20)
trunking/conventional resources
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 2
CONSOLE-1 - TALKGROUP 1, TALKGROUP 2
VERSION #1.010
2. TEST
Step 1. From CONSOLE-1, create an Msel group
with TALKGROUP 1 and TALKGROUP 2.
Step 2. Transmit on the Msel using the Msel instant
transmit button.
Step 3. Verify that RADIO-1 and RADIO-2 hear the
call.
Step 4. Initiate a call with RADIO-1.
Step 5. Verify the call is heard on CONSOLE-1 but
not on RADIO-2.
Step 6. Initiate a call with RADIO-2.
Step 7. Verify the call is heard on CONSOLE-1 but
not on RADIO-1.
Step 8. On CONSOLE-1 dissolve the Msel.
Pass____ Fail____
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3.1.8 Talkgroup Patch
1. DESCRIPTION
Talkgroup Patch allows a dispatcher to merge
several talkgroups together on one voice channel to
participate in a single conversation. This can be
used for situations involving two or more talkgroups
that need to communicate with each other.
Using the Patch feature, the console operator can
talk and listen to all of the selected talkgroups
grouped; in addition, the members of the individual
talkgroups can also talk or listen to members of
other talkgroups. Patched talkgroups can
communicate with the console dispatcher and other
members of different talkgroups because of the
"supergroup" nature of the Patch feature.
NOTE : If "secure" and "clear" resources are
patched together, one repeater for each mode may
be assigned per site.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 2
RADIO-3 - TALKGROUP 1
RADIO-4 - TALKGROUP 2
CONSOLE-1 - TALKGROUP 1 and TALKGROUP 2
Note: All 4 Radios must have the same home zone.
VERSION #1.010
2. TEST
Step 1. Using CONSOLE-1 create a patch between
TALKGROUP 1 and TALKGROUP 2.
Step 2. Initiate a patch call from CONSOLE-1.
Step 3. Verify RADIO-1, RADIO-2, RADIO-3, and
RADIO-4 can monitor the call.
Step 4. Initiate several calls between the radios and
verify successful communication.
Step 5. Dissolve the patch created in step 1.
Pass____ Fail____
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3.1.9 Talkgroup Patch - Secure
1. DESCRIPTION
Talkgroup Patch allows a dispatcher to merge
several talkgroups together on one voice channel to
participate in a single conversation. This can be
used for situations involving two or more talkgroups
that need to communicate with each other. Using the
Patch feature, the console operator can talk and
listen to all of the selected talkgroups grouped; in
addition, the members of the individual talkgroups
can also talk or listen to members of other
talkgroups. Patched talkgroups can communicate
with the console dispatcher and other members of
different talkgroups because of the "supergroup"
nature of the Patch feature.
SETUP
RADIO-1 - TALKGROUP 1 (Secure TX Mode)
RADIO-2 - TALKGROUP 2 (Secure TX Mode)
RADIO-3 - TALKGROUP 1 (No secure keys loaded)
RADIO-4 - TALKGROUP 2 (Clear TX Mode with
keys loaded)
CONSOLE-1 - TALKGROUP 1 and TALKGROUP 2
(Secure TX Mode)
Note: All 4 Radios must have the same home zone.
VERSION #1.010
2. TEST
Step 1. Using CONSOLE-1 create a secure patch
between TALKGROUP 1 and TALKGROUP
2. Step 2. Initiate a patch call from CONSOLE-1.
Step 3. Verify RADIO-1, RADIO-2 and RADIO-4 can
monitor the call.
Step 4. Initiate a talkgroup call on TALKGROUP 1
from RADIO-1.
Step 5. Observe that all radios are able to hear
RADIO-1 except RADIO-3.
Step 6. Dissolve the patch.
Pass____ Fail____
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3.1.10 Talkgroup Patch with
Conventional
1. DESCRIPTION
Talkgroup Patch allows a dispatcher to merge
several talkgroups together on one voice channel to
participate in a single conversation. This can be
used for situations involving two or more channels or
talkgroups that need to communicate with each
other.
Using the Patch feature, the console operator can
talk and listen to all of the selected talkgroups
grouped; in addition, the members of the individual
channels/talkgroups can also talk or listen to
members of other channels/talkgroups. Patched
resources can communicate with the console
dispatcher and other members of different
channels/talkgroups because of the "supergroup"
nature of the Patch feature.
NOTE : If "secure" and "clear" resources are
patched together, one repeater for each mode may
be assigned per site.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - CONVENTIONAL CHANNEL 1
RADIO-3 - TALKGROUP 1
RADIO-4 - CONVENTIONAL CHANNEL 1
CONSOLE-1 - TALKGROUP 1 and
CONVENTIONAL CHANNEL 1
VERSION #1.010
2. TEST
Step 1. Using CONSOLE-1 create a patch between
TALKGROUP 1 and CONVENTIONAL
CHANNEL 1.
Step 2. Initiate a patch call from CONSOLE-1.
Step 3. Verify RADIO-1, RADIO-2, RADIO-3, and
RADIO-4 can monitor the call
Step 4. Initiate several calls between the radios and
verify successful communication
Step 5. Dissolve the patch created in step 1.
Pass____ Fail____
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3.1.11 Multi-Select Operation in
Secure Mode
1. DESCRIPTION
Multi-Select (Msel) allows the console operator to
group a number of channels/talkgroups together
such that when the general transmit bar is
depressed, all of the multi-selected
channels/talkgroups will transmit at the same time
with the same information.
Multi-Select is one way communication call. If a
radio user responds to a Multi-Select call the
talkgroup the user is affiliated to will be the only one to hear the call.
There is no super-group formed, so radio
communication is still at the single talkgroup level.
Multi-Select is utilized to send an APB to several
channels/talkgroups. A Multi-Select has a limit of
twenty (20) trunking/conventional resources.
SETUP
RADIO-1 - TALKGROUP 1 (Secure TX Mode)
RADIO-2 - TALKGROUP 2 (Secure TX Mode)
RADIO-3 - TALKGROUP 1 (No Key)
RADIO-4 - TALKGROUP 2 (Secure Key Loaded, but
in Clear TX mode)
CONSOLE-1 - TALKGROUP 1, TALKGROUP 2
(Secure TX Mode)
VERSION #1.010
2. TEST
Step 1. From CONSOLE-1, create an Msel group
with TALKGROUP 1 and TALKGROUP 2.
Step 2. Transmit on the Msel using the Msel instant
transmit button.
Step 3. Verify that RADIO-1, RADIO-2 and RADIO-4
hear the call and RADIO-3 cannot hear the
call.
Step 4. Initiate a call with RADIO-1.
Step 5. Verify the call is heard on CONSOLE-1 but
not on RADIO-2.
Step 6. Initiate a call with RADIO-2.
Step 7. Verify the call is heard on CONSOLE-1 but
not on RADIO-1.
Step 8. On CONSOLE-1 dissolve the Msel.
Pass____ Fail____
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3.1.12 Alert Tones - Talkgroup
1. DESCRIPTION
Pre-defined alert tones can be transmitted on the
selected Radio Resource to subscribers which can
alert members of a channel / talkgroup to a
particular event or signify to radio users special
instructions are to follow. The Console has the ability to send an Alert-Tone signal on selected
conventional or talkgroup resources.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.040
2. TEST
Step 1. Select TALKGROUP 1 on CONSOLE-1.
Step 2. Select Alert Tone 1 and depress the Alert
Tone button.
Step 3. Verify that RADIO-1 and RADIO-2 hear Alert
Tone 1.
Step 4. Repeat Steps 2-3 for Alert Tone 2 and 3.
Pass____ Fail____
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3.1.13 Call Alert
1. DESCRIPTION
Call Alert Page allows a subscriber/dispatcher to
selectively alert another radio unit. The initiating
subscriber/console will receive notification as to
whether or not the call alert was received. Units
receiving a Call Alert will sound an alert tone and
show a visual alert indication. The display will also
show the individual ID of the initiating
subscriber/console unit.
SETUP
RADIO-1 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.030
2. TEST
Step 1. Using CONSOLE-1, select the call alert
button in the "Private Call" resource window.
Step 2. Enter the ID of RADIO-1 and send the call
alert to RADIO-1.
Step 3. Verify that RADIO-1 receives the alert and
that the ID or alias of the console is shown.
Step 4. Turn off RADIO-1.
Step 5. Using CONSOLE-1, send the call alert to
RADIO-1 again.
Step 6. Verify that after trying to page RADIO-1, the
console displays "Can not send call alert -
target not found" in the summary/status list.
Pass____ Fail____
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3.1.14 Console Initiated Private
Call to Subscriber
1. DESCRIPTION
Private Conversation is a selective calling feature
which allows a dispatcher or radio user to carry on
one-to-one conversation that is heard only by the
two parties involved. Subscriber units receiving a
private call will sound an alert tone. As with other
call types, Private Calls operate across sites as well
as within the same site.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.020
2. TEST
Step 1. Using CONSOLE-1, select the "PRIVATE-
CALL" tile and click the Private Call function.
Step 2. Select the unit to be Private Called, in this
case RADIO-1. (or select the numeric
keypad and enter the Unit ID to be Private
Called.)
Step 3. Click the Send button.
Step 4. Answer the Private Call with RADIO-1 and
respond to the console.
Step 5. Verify RADIO-2 does not hear the private
conversation.
Step 6. After completing the Private Call, return to
the normal talkgroup mode.
Pass____ Fail____
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3.1.15 Console Initiated Secure
Private Call to Subscriber
1. DESCRIPTION
Private Conversation is a selective calling feature
that allows a dispatcher or radio user to carry on
one-to-one conversation that is heard only by the
two parties involved. The test will demonstrate the
ability to initiate/receive secure private calls by the Console/Radio.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.030
2. TEST
Step 1. Using CONSOLE-1, select the "PRIVATE-
CALL" tile, set it to the secure mode at and
click the Private Call function.
Step 2. Select the unit to be Private Called, in this
case RADIO-1. (or select the numeric
keypad and enter the Unit ID to be Private
Called.)
Step 3. Click the Send button.
Step 4. Answer the Private Call with RADIO-1 and
respond to the console.
Step 5. Verify RADIO-2 does not hear the private
conversation.
Step 6. After completing the Private Call, return to
the normal talkgroup mode.
Pass____ Fail____
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3.1.16 Console Initiated Private
Call to a Console
1. DESCRIPTION
Private Conversation is a selective calling feature
that allows a dispatcher or radio user to carry on
one-to-one conversation that is heard only by the
two parties involved. Subscriber units receiving a
private call will sound an alert tone. As with other
call types, Private Calls operate across sites as well
as within the same site. MCC 7100/7500 Console
can use the feature to communicate with another
MCC 7100/7500 Console in the same or another
Console Site.
Private call between the two Consoles is supported
for MCC 7100/7500 Consoles only.
SETUP
RADIO-1 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
CONSOLE-2 - TALKGROUP 1
CONSOLE-3 - TALKGROUP 1
VERSION #1.010
2. TEST
Step 1. Using CONSOLE-1, select the "PRIVATE-
CALL" tile and click the Private Call function.
Step 2. Select the numeric keypad.
Step 3. Using the displayed keypad enter the unit ID
to be Private Called (CONSOLE-2) or select
CONSOLE-2 from the drop down list (if
listed).
Step 4. Click the Send button.
Step 5. At CONSOLE-2, answer the Private Call
from CONSOLE-1 and verify CONSOLE-2 is
able to hear the CONSOLE-1 audio. Also
verify that the CONSOLE-1 can hear the
CONSOLE-2 audio.
Step 6. Verify that RADIO-1 and CONSOLE-3 do
not hear the audio for the Private Call.
Step 7. Verify that no site resources are used as this
is an IP based call from Console user to
Console user.
Step 8. End the Private Call.
Pass____ Fail____
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3.1.17 Secure / Clear Cross-Mode
Indication
1. DESCRIPTION
This test validates the ability of the console to show
a visual indication of a Secure and Clear mode
mismatch during the following conditions:
1. Talkgroup on the Console is in secure transmit
mode but receiving clear audio.
2. Talkgroup on the Console is in clear transmit
mode but receiving secure audio.
SETUP
RADIO-1 - TALKGROUP 1 (Secure TX mode)
CONSOLE-1 - TALKGROUP 1 (Secure TX mode)
VERSION #1.010
2. TEST
Step 1. Initiate a secure call on RADIO-1.
Step 2. Verify CONSOLE-1 is able to receive audio
from RADIO-1.
Step 3. Place RADIO-1 in clear TX mode.
Step 4. Initiate a call on RADIO-1.
Step 5. Verify CONSOLE-1 is able to receive audio
from RADIO-1 and displays a secure mode
mismatch indication.
Step 6. Place RADIO-1 in secure transmit mode and
place CONSOLE-1 in clear transmit mode.
Step 7. Initiate a secure call on RADIO-1.
Step 8. Verify CONSOLE-1 is able to receive audio
from RADIO-1 and displays a secure Cross-
Mode Indication.
Pass____ Fail____
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3.1.18 Console Priority
1. DESCRIPTION
Console Operator Positions have ultimate control of
transmitted audio on an assigned voice channel
resource. The Console Position has the capability to
take control of an assigned voice channel for a
talkgroup call so that the operator's audio overrides
any subscriber audio. Console priority is a feature
that enables dispatchers to gain immediate access
to an assigned voice channel so that a central point
of audio control exists.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1
VERSION #1.020
2. TEST
Step 1. Initiate a Talkgroup call from RADIO-1 on
TALKGROUP 1. Keep this call in progress
until the test has completed.
Step 2. Observe that RADIO-2 receives the call.
Step 3. While the call is in progress, key up
CONSOLE-1 on TALKGROUP 1.
Step 4. Observe that RADIO-2 is now receiving
audio from CONSOLE-1 on TALKGROUP 1.
Step 5. De-key CONSOLE-1.
Step 6. Verify RADIO-2 now receives RADIO-1
audio.
Step 7. End the TALKGROUP 1 call from RADIO-1.
Pass____ Fail____
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3.1.19 Instant Recall Recorder
(IRR) Operation
1. DESCRIPTION
The Instant Recall Recorder (IRR) allows for audio
from a phone call or a radio call to be played back at
the MCC 7500 or MCC 7100 Console position. Thirty
minutes of audio is saved for radio and an additional
thirty minutes for telephone. The audio is saved on
the positions hard disk in the form of a .wav file.
SETUP
RADIO-1 - TALKGROUP 1
RADIO-2 - TALKGROUP 1
CONSOLE-1 - TALKGROUP 1 running IRR
application.
VERSION #1.020
2. TEST
Step 1. Select a radio channel on the CONSOLE-1
application window.
Step 2. Select IRR from the CONSOLE-1 toolbar.
Step 3. Initiate radio communication between
RADIO-1 and RADIO-2.
Step 4. Verify a new entry appears in the IRR log
window.
Step 5. Select the new entry from the list.
Step 6. Press play and verify conversation replay.
Pass____ Fail____
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3.1.20 Activity Log
1. DESCRIPTION
The Console activity log will show all traffic for the
resource assigned to that console to include the
time, radio alias, TG, PTT ID and Emergency Call.
The dispatcher has the capability of selecting a
logged call within in the "Activity Log Window" for
instant transmit on the corresponding logged
resource.
This activity log can be logged to a text file for
archival purposes.
Note: The log file in the ops will only be seen if you
first check Log Activity in Elite Admin application
then in folder options uncheck hide hidden system
files. The location will be c:\Program
Data\MCC7500\MessageMonitorLogs.
SETUP
RADIO-1 – TALKGROUP 1
RADIO-2 – TALKGROUP 2
RADIO-3 – TALKGROUP 3
RADIO-4 – TALKGROUP 4
CONSOLE-1 – TALKGROUP 1, TALKGROUP 2,
TALKGROUP 3, TALKGROUP 4
VERSION #1.020
2. TEST
Step 1. On CONSOLE-1 select the "Show Activity
Log" button on the tool bar to open the
Activity Log Window.
Step 2. Initiate calls on RADIO-1, RADIO-2, RADIO-
3 and RADIO-4 to log call information and
verify calls are displayed in the activity log
window.
Step 3. Select a logged call in the Activity Log
Window and verify that the Channel Control
Window (CCW) at the top of the Activity log
window changes to the corresponding
resource. Verify the dispatcher is capable of
responding via the instant transmit button.
Step 4. Open the text file created by the Activity Log
and verify call traffic has been archived to
the document file.
Pass____ Fail____
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3.2 Signoff Certificate
By their signatures below, the following witnesses certify they have observed the system Acceptance Test Procedures.
Signatures
WITNESS:
Please Print Name: ________________________________________
Initials:
Please Print Title: ________________________________________
WITNESS:
Please Print Name: ________________________________________
Initials:
Please Print Title: ________________________________________
WITNESS:
Please Print Name: ________________________________________
Initials:
Please Print Title: ________________________________________
___________________________________Date: _______
___________________________________Date: _______
___________________________________Date: _______
________
________
________
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Section 4
Project Schedule
Motorola estimates the project implementation to be approximately 4-6 months from Contract Execution to Final Acceptance. As part of the Design Review and Implementation Planning, the implementation project schedule will be fine-tuned by Motorola’s Project Manager with Indio PD’s project team.
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Task Name Duration Start Finish
1 Indio PD New Dispatch Center 90 d Fri 9/22/23 Thu 2/1/24 2 Project Initiation 12 d Mon 10/2/23 Tue 10/17/23
3 Award (Project Set Up) 5 d Mon 10/2/23 Fri 10/6/23
4 Post Sale Transition Meeting Completed 2 d Mon 10/9/23 Tue 10/10/23 5 Internal Project Plan/Design Review 2 d Mon 10/9/23 Tue 10/10/23 6 Customer Kick Off 5 d Wed 10/11/23 Tue 10/17/23
7 Project Planning 20 d Fri 9/22/23 Thu 10/19/23
8 Customer Design Review (CDR) 4 d Wed 10/11/23Mon 10/16/23 9 Customer Contract/Design Review 2 d Wed 10/11/23 Thu 10/12/23 10 System Description / SOW 2 d Wed 10/11/23 Thu 10/12/23 11 Test Acceptance Plans 2 d Wed 10/11/23 Thu 10/12/23
12 Equipment List Development 1 d Wed 10/11/23Wed 10/11/23 13 Implementation Plan 4 d Wed 10/11/23Mon 10/16/23
14 Contract Change Order Process 2 d Wed 10/18/23 Thu 10/19/23 15 Update Project Plans (Post CDR) 2 d Fri 9/22/23 Mon 9/25/23 16 Project Execution 79 d Tue 9/26/23 Fri 1/19/24
17 Make Order and SI Procurement 2 d Tue 9/26/23 Wed 9/27/23 18 Shipping of equipment 3 d Tue 10/17/23 Thu 10/19/23
19 System Installation 53 d Fri 10/20/23 Mon 1/8/24
20 Receive and Inventory Equipment 3 d Fri 10/20/23 Tue 10/24/23 21 Build Ethernet Link to DSR at Blythe 10 d Wed 10/25/23 Tue 11/7/23 22 Install new FNE Rack with New Dispatch site equipment 3 d Wed 11/8/23 Fri 11/10/23 23 Install 2 new dispatch positions 2 d Mon 11/13/23 Tue 11/14/23 24 Dispatch Site Console Programming 10 d Wed 11/8/23 Tue 11/21/23 25 Install 4 new APX Consolettes & Antenna System 5 d Wed 11/22/23 Thu 11/30/23 26 Install Backup GTR & Antenna System 6 d Fri 12/1/23 Fri 12/8/23 27 Relocate 2 Existing dispacth positions 5 d Mon 12/11/23 Fri 12/15/23 28 Cutover the 2 new and 2 existing dispatch positions to the new dispatch site 5 d Mon 12/18/23 Fri 12/22/23 29 Relocate and Cutover remaining 4 positions 5 d Tue 1/2/24 Mon 1/8/24 30 System Optimization 2 d Tue 1/9/24 Wed 1/10/24
31 System Acceptance Test 2 d Thu 1/11/24 Fri 1/12/24
32 System Cutover 2 d Tue 1/16/24 Wed 1/17/24
33 Beneficial Use System Acceptance 2 d Thu 1/18/24 Fri 1/19/24 34 Project Close 9 d Mon 1/22/24 Thu 2/1/24
35 Finalize System Documentation 3 d Mon 1/22/24 Wed 1/24/24 36 Punchlist Resolution 5 d Mon 1/22/24 Fri 1/26/24
37 Legacy Equipment Removed 2 d Mon 1/22/24 Tue 1/23/24 38 Final Acceptance 2 d Mon 1/29/24 Tue 1/30/24
39 Complete Service Transition Meeting 2 d Wed 1/31/24 Thu 2/1/24 Oct 1, '23 Oct 8, '23 Oct 15, '23
AGENDA ITEM #9.9
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AGENDA ITEM #9.9
Purchase of necessary equipment upgrades, software updates a five-year s... Page 238 of 968 Dec 17, '23 Dec 24, '23 Dec 31, '23 Jan 7, '24 Jan 14, '24 Jan 21, '24 Jan 28, '24 Feb 4, '24 Feb 11, '24 F
AGENDA ITEM #9.9
Purchase of necessary equipment upgrades, software updates a five-year s... Page 239 of 968 Indio Police Department April 5, 2023
Console Relocation and MCC7500E Addition Firm Proposal Service/Warranty
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 5
Service/Warranty
Motorola will provide Indio PD with the Warranty services as outlined in the CSSA. For new console, GTR, and CCGW equipment provided as part of this proposal, Motorola is proposing five years of technical support (“Tech Support”), which consists of a one-year warranty plus four years of post- warranty Technical Support, four years of SUS, and 4 years of SUA II for the proposed solution to match with Riverside County’s current Service contract ending 12/31/2028. Note that the Tech Support is at no additional charge for the two new positions since Indio PD’s current service agreement already covers the dispatch site. The SUA II assumes an approximate system acceptance date of 4/01/2024.
The Tech Support and SUA II are proposed to run through 12/31/2028. The SUA II entitles the Indio PD up to one software upgrade during the warranty year and up to two (2) additional upgrades during the service term to match the PSEC upgrade schedule.
5.1 SUA II System Configuration
The system configuration below applies to the new equipment included in this proposal which is an increase to Indio PD’s existing configuration.
Master Site Configuration
# of Master Sites 0
# of DSR Sites 0
System Level Features
ISSI 8000 / CSSI 8000 – Total # of Servers (2 if redundant and/or DSR) 0 MOSCAD NFM RTU (typically 1 per site location) 0
MOSCAD NFM / SDM Clients 0
Network Management Clients 0
Unified Network Services (UNS)
ex: POP25, Presence Notifier, Text Messaging, Outdoor Location, KMF/OTAR 0 Telephone Interconnect 0
InfoVista – Transport Network Performance Service (One per system) 0 Security Configuration
Firewalls 0
Intrusion Detection Sensor (IDS) 0
Centralized Event Logging (SysLog) 0
Zone Core Protection (ZCP) 0
Radio Authentication 0
RF Site Configuration
# of RF Sites 0
Simulcast Prime Sites (including co-located/redundant) 0 RF Sites (includes Simulcast sub-sites, ASR sites, HPD sites) 0 GTR 8000 Base Stations 1
HPD Base Stations 0
QUANTAR Base Stations 0
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Console Relocation and MCC7500E Addition Firm Proposal Service/Warranty
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Motorola Solutions
STR 3000 Base Stations 0
SmartX Site Converters 0
Dispatch Site Configuration
# of Dispatch Sites 0
MCC7500 Dispatch Consoles 2
CCGW 1
Console Alias Manager 0
Playback Station 0
MIP 5000 Dispatch Consoles 0
AIS 0
Third Party Elements (Need 3rd Party Quote for SUA Coverage) NICE IP Radio Logger (include redundancy)* 0
NICE Telephony Logger* 0
NICE Inform Playback* 0
Verint Logging recorders (IP, Telephony, or Analog) 0
MACH Alert FSA 0
Genesis Applications 0
AGENDA ITEM #9.9
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Console Relocation and MCC7500E Addition Firm Proposal Equipment List
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 6
Equipment List
This section lists the equipment necessary for the proposed solutions.
QTY NOMENCLATURE DESCRIPTION
1 SQM01SUM0323 ASTRO MASTER SITE
1 CA03517AC ADD: CORE EXPANSION
1 CA01316AA ADD: UNC ADDTL DEVICE LIC (QTY 10)
1 UA00156AA ADD: MCC7500 CONSOLE LICENSES (QTY 5)
1 B1948 MCC 7500E DISPATCH POSITION LICENSES
1 UA00653AA ADD: BASIC CONSOLE OPERATION
1 UA00654AA ADD: ASTRO 25 TRUNKING OPERATION
1 UA00655AA ADD: ADVANCED CONVENTIONAL OPERATION
1 UA00659AA ADD: ADP/AES/DES-OFB ENCRYPTION
1 UA00658AA ADD: SECURE OPERATION
1 UA00652AA ADD: 160 RADIO RESOURCES LICENSE
1 UA00661AA ADD: ENHANCED IRR
1 B1949 MCC 7500E SOFTWARE DVD
1 DSEV221B TECH GLOBAL EVOLUTION SERIES 22INCH WITH TOUCH 1 B1956 COMMANDCENTRAL HUB, W/CLIENT PC
1 CA03850AA ADD: WINDOWS OS FOR MCC7500E CONSOLE
1 CA03553AA ADD: AC LINE CORD, NORTH AMERICA
1 CA03547AA ADD: BRACKET, MOUNTING 2RU
1 CA03572AA ADD: CABLE RETENTION BRACKET
1 L3225A CERTIFIED KEYBOARD FOR RSD SERVERS AND
WORKSTATIONS
1 L3226A CERTIFIED OPTICAL WHEEL MOUSE FOR RSD SERVERS
AND WORKSTATIONS
2 B1952 SPEAKER, DESKTOP, USB
2 CA03405AA ADD: POWER SUPPLY WITH DC CORD
2 CA03406AA ADD: AC LINE CORD, NORTH AMERICA
2 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
1 B1951 MICROPHONE, DESKTOP, USB
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Motorola Solutions
Page
45 1 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
2 B1913 MCC SERIES HEADSET JACK
1 RLN6098 HDST MODULE BASE W/PTT, 15 FT CBL
1 RMN5150A OVER-THE-HEAD, MONAURAL, NOISE-CANCELING
HEADSET
1 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH
1 T8742 MCAFEE FOR WINDOWS CLIENT, A2019.2
1 DSF2B56AA USB EXTERNAL DVD DRIVE
1 B1948 MCC 7500E DISPATCH POSITION LICENSES
1 UA00653AA ADD: BASIC CONSOLE OPERATION
1 UA00654AA ADD: ASTRO 25 TRUNKING OPERATION
1 UA00655AA ADD: ADVANCED CONVENTIONAL OPERATION
1 UA00659AA ADD: ADP/AES/DES-OFB ENCRYPTION
1 UA00658AA ADD: SECURE OPERATION
1 UA00652AA ADD: 160 RADIO RESOURCES LICENSE
1 UA00661AA ADD: ENHANCED IRR
1 B1949 MCC 7500E SOFTWARE DVD
1 DSEV221B TECH GLOBAL EVOLUTION SERIES 22INCH WITH TOUCH 1 B1956 COMMANDCENTRAL HUB, W/CLIENT PC
1 CA03850AA ADD: WINDOWS OS FOR MCC7500E CONSOLE
1 CA03553AA ADD: AC LINE CORD, NORTH AMERICA
1 CA03547AA ADD: BRACKET, MOUNTING 2RU
1 CA03572AA ADD: CABLE RETENTION BRACKET
1 L3225A CERTIFIED KEYBOARD FOR RSD SERVERS AND
WORKSTATIONS
1 L3226A CERTIFIED OPTICAL WHEEL MOUSE FOR RSD SERVERS
AND WORKSTATIONS
2 B1952 SPEAKER, DESKTOP, USB
2 CA03405AA ADD: POWER SUPPLY WITH DC CORD
2 CA03406AA ADD: AC LINE CORD, NORTH AMERICA
2 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
1 B1951 MICROPHONE, DESKTOP, USB
1 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
2 B1913 MCC SERIES HEADSET JACK
1 RLN6098 HDST MODULE BASE W/PTT, 15 FT CBL
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Console Relocation and MCC7500E Addition Firm Proposal Equipment List
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
1 RMN5150A OVER-THE-HEAD, MONAURAL, NOISE-CANCELING
HEADSET
1 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH
1 T8742 MCAFEE FOR WINDOWS CLIENT, A2019.2
1 DSF2B56AA USB EXTERNAL DVD DRIVE
1 T8343 GSERIES SOFTWARE LICENSING
1 UA00759AA ADD: DSC 8000 REPEATER SITE CONTROLLER
1 T8810 STANDALONE DSC 8000 CONTROLLER
1 CA03863AA ADD: ASTRO SYSTEM RELEASE 2022.1
1 CA03801AA ADD: DSC 8000 CONVENTIONAL SITE CONTROLLER
1 UA00787AA ADD: DSC 8000 CONVENTIONAL SITE CONTROLLER SW 1 CA03832AA ADD: NM/DISPATCH CONVENTIONAL SITE
1 T8811 DSC AC POWER SUPPLY CHASSIS
2 CLN1868 2930F 24-PORT SWITCH
2 CLN1866 FRU: 1M DAC CABLE
2 T8492 SITE ROUTER & FIREWALL- AC
2 CA03445AA ADD: MISSION CRITICAL HARDENING
2 CA03448AA ADD: STATEFUL FIREWALL
1 SQM01SUM0333 MCG 8000 CONVENTIONAL GATEWAY
1 CA03714AA ADD: AC POWER
4 CA03717AA ADD: ACIM INTERFACE
4 CA03718AA ADD: ANALOG 4WIRE INTERFACE
1 T7039 GTR 8000 Base Radio
1 CA03677AA ADD: ASTRO SYSTEM RELEASE 2020.1
1 CA00855AA ADD: 700/800 MHZ
1 CA01949AA ADD: ANALOG ONLY CONV SW
1 CA01953AA ADD: POWER EFFICIENCY PACKAGE
1 CA03111AA ADD: CEC COMPLIANCE
1 CA01400AA ADD: POWER CABLE, DC
1 X153AW ADD: RACK MOUNT HARDWARE
1 X182BX ADD: DUPLEXER, 800 MHZ
1 CA01950AA ADD: CONVENTIONAL MULTI-NAC MULTI-PL
1 DSYB80681 YAGI ELEMENT 9 DBD 806-896 MHZ N FEMALE
15 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50OHM,BLACK
POLYETHYLENE JCKT PER FT
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Console Relocation and MCC7500E Addition Firm Proposal Equipment List
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
2 DSDMA01250B 7/16 DIN MALE FOR 1/2 CABLE (USE WITH CT01250AIO- 2)
2 DSWKU WK-U, UNIVERSAL WEATHERPROOFING KIT
200 DSAT078J50 AT078J50, 7/8" TRANSMISSION LINE,50OHM,BLACK
POLYETHYLENE JCKT PER FT
2 DSDFA07850B 7/16 DIN FEMALE FOR 7/8 CABLE (USE WITH
CT07850AIO-2)
5 DSGKS78AC GK-S78AC, STD GROUND KIT FOR 7/8" AIRCELL COAX 1 DSHG78 HG-78, LACE-UP GRIP FOR 7/8 COAX
7 DSSHU78 SH-U78, UNIVERSAL SNAP-IN HANGER FOR 7/8" AIRCELL COAX, PKG OF 10
1 DSTSXDFMBF RF SPD, 698-2700MHZ DC BLOCK HIGH PWR, DIN
FEM/MALE BI-DIR W/ BRACKET
1 DSGSAKITD GROUND STRAP KIT - DIN
25 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50OHM,BLACK
POLYETHYLENE JCKT PER FT
1 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01250AIO-2) 1 DSL4TDMPSA 7-16 DIN MALE POSITIVE STOP FOR 1/2 IN AL4RPV-50, LDF4-50A, HL4RPV-50
1 B1956 COMMANDCENTRAL HUB, W/CLIENT PC
1 SQM01SUM0333 MCG 8000 CONVENTIONAL GATEWAY
1 CA03714AA ADD: AC POWER
8 CA03717AA ADD: ACIM INTERFACE
1 CLN1868 2930F 24-PORT SWITCH
1 T8492 SITE ROUTER & FIREWALL- AC
1 CA03445AA ADD: MISSION CRITICAL HARDENING
1 CA03448AA ADD: STATEFUL FIREWALL
2 B1952 SPEAKER, DESKTOP, USB
2 CA03405AA ADD: POWER SUPPLY WITH DC CORD
2 CA03406AA ADD: AC LINE CORD, NORTH AMERICA
2 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
1 B1951 MICROPHONE, DESKTOP, USB
1 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
2 B1913 MCC SERIES HEADSET JACK
1 RLN6098 HDST MODULE BASE W/PTT, 15 FT CBL
AGENDA ITEM #9.9
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Console Relocation and MCC7500E Addition Firm Proposal Equipment List
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
1 RMN5150A OVER-THE-HEAD, MONAURAL, NOISE-CANCELING
HEADSET
1 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH
1 DSF2B56AA USB EXTERNAL DVD DRIVE
1 TRN7343 SEVEN AND A HALF FOOT RACK
1 DS11011188 PDU, 120/240 SPLIT PH OR N+1 REDUNDANT, 60A MAX
PER PHASE, SIX DEDICAT
6 DS3750296 BREAKER, 10 AMP, CB UL 489 LISTED FOR AC EDGE II (1101-1188)
6 DS3750295 BREAKER, 5 AMP, CB UL 489 LISTED FOR AC EDGE II (1101-1188)
3 DSACPDU6N120SN2TT AC PDU, RACKMOUNT, 6 OUTLETS, SASD PROTECTED, UL1449/R56, 12FT CORD
4 L37TSS9PW1 N ALL BAND CONSOLETTE
4 CA01598 ADD: AC LINE CORD US
4 G361 ENH: P25 TRUNKING SOFTWARE APX
4 G48 ENH: CONVENTIONAL OPERATION
4 G51 ENH: SMARTZONE OPERATION APX
4 G806 ENH: ASTRO DIGITAL CAI OP APX
4 G843 ADD: AES ENCRYPTION APX AND ADP
4 GA00249AB ADD: 3Y ESSENTIAL ACCIDENTAL DAMAGE
4 GA00580 ADD: TDMA OPERATION APX
4 GA05508 DEL: DELETE VHF BAND
4 GA05509 DEL: DELETE UHF BAND
4 L999AE ADD: FULL FP W/05/KEYPAD/CLOCK/VU
4 W382 ADD: CONTROL STATION DESK GCAI MIC
4 G444 ADD: APX CONTROL HEAD SOFTWARE
4 HKN6233C APX CONSOLETTE RACK MOUNT KIT
1 DSYW097489 YAGI, 11 DBD, 746-896 MHZ N-FEMALE
1 DSNM50V12 CONNECTOR, N MALE INTERFACE FOR EC4-50
100 DSEC450 COAXIAL CABLE, 1/2" 50 OHM CORRUGATED COPPER
WITH BLACK PE JACKET
2 DS245173 COLD SHRINK WEATHERPROOFKIT, 1/2 TO 1/2
2 DSGKC12 CLIP ON GROUND KIT FOR 1/2" CABLES, 5' LEAD W/ UNATTACHED 3/8" TWO HOL
1 DSHG12 HG-12, LACE-UP GRIP FOR 1/2 COAX
AGENDA ITEM #9.9
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Console Relocation and MCC7500E Addition Firm Proposal Equipment List
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
5 DSSHS12 STACKABLE SNAP-IN HANGER FOR 1/IN AIRCELL COAX (PACKAGE OF 10)
1 DSTSXDFMBF RF SPD, 698-2700MHZ DC BLOCK HIGH PWR, DIN
FEM/MALE BI-DIR W/ BRACKET
1 DS716M50V12N1 CONNECTOR, 7/16 DIN MALE INTERFACE FOR EC4-50 1 DSNM50V12 CONNECTOR, N MALE INTERFACE FOR EC4-50
30 DSEC450 COAXIAL CABLE, 1/2" 50 OHM CORRUGATED COPPER
WITH BLACK PE JACKET
1 DSMWFD8CMCSN 800MHZ MILLED WINDOW DUPLEXER FOR CONTROL
STATION COMBINERS, N-TYPE C
4 DSNM50B14X CONNECTOR, N MALE INTERFACE FOR EC1-50-HF
10 DSEC150HF COAXIAL CABLE, 1/4" HIFLEX, 50 OHM WITH BLACK PE JACKET
1 DSBCH11306 6 CHANNEL CONTROL STATION COMBINER (PASSIVE), CSC02, 806-869MHZ
AGENDA ITEM #9.9
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Console Relocation and MCC7500E Addition Firm Proposal Pricing Summary
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 7
Pricing Summary
Motorola is pleased to provide the following equipment and services to Indio PD.
Equipment and Installation
Description Price ($)
Equipment $295,029
Contract Discount ($45,108)
Equipment Sub-Total $249,921
System Integration Services $415,932
Total $665,853
Estimated Tax on Equipment (8.75%) $21,868
Grand Total $687,721
Optional 3rd Dispatching Position Total $79,824
M
otorola’s SUA II, SUS and Tech Support services for the new Dispatch Site Equipment will be invoiced annually in advance. The pricing below is broken out separately for the optional 3rd dispatching position.
Extended Warranty Services
2025 2026 2027 2028 Total
MSI Tech
Support,
SUA II &
SUS
$9,327 $9,573 $9,828 $10,093 $38,821
Optional
MSI Tech
Support,
SUA II &
SUS (3rd
position)
$4,773 $4,884 $5,000 $5,120 $19,777
AGENDA ITEM #9.9
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Console Relocation and MCC7500E Addition Firm Proposal Pricing Summary
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
7.1 Payment Terms
Contract Price. The Contract Price in U.S. dollars is $________________________.
Except for a payment that is due on the Effective Date, Indio PD will make payments to Motorola within thirty (30) days after the date of each invoice. Indio PD will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones.
1. 25
% of the Equipment and Installation Contract Price due upon contract execution (due upon e
ffective date);
2. 60% of the Equipment and Installation Contract Price due upon shipment of Equipment.
3. 10% of the Equipment and Installation Contract Price due upon installation of equipment.
4. 5% of the Equipment and Installation Contract Price due upon Final Acceptance.
M
otorola’s SUA II and Tech Support services will be invoiced annually in advance of each year of the term. Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable.
AGENDA ITEM #9.9
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Console Relocation and MCC7500E Addition Firm Proposal Contractual Documentation
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Section 8
Contractual Documentation
This proposal is subject to the discounting provided per the LA County Contract # MA-IS- 2240228-1, formerly known as MA-IS-1740313 and the terms and conditions of the agreement between the City of Indio and Motorola Solutions dated October 26, 2022 (executed December 15, 2022).
AGENDA ITEM #9.9
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TERM CONTRACT AWARD
CONTRACT NO:
MA-IS-2240228-1
VERSION DATE
INTERNAL SERVICES DEPARTMENT PROCUREMENT FOLDER: 2371000
MOTOROLA SOLUTIONS INC
725 S. FIGUEROA ST., STE. 1855
LOS ANGELES CA 90017
BUYER: Lorena Sandoval
PHONE: 323-267-2206
EMAIL: [email protected]
VENDOR NO: 033256
CONTACT: Jeff Ashton
PHONE: 954-605-3762
FISCAL YEAR:
EFFECTIVE DATE: 07/01/22
EXPIRATION: 06/30/25
RADIO COMMUNICATIONS (MOTOROLA)
LINE
NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 1 COMMODITY CODE: 725-45-00-028600
END DATE
RADIO COMMUNICATIONS EQUIPMENT
MFG: MOTOROLA
% DISCOUNT: SEE EXHIBIT A _ 2022-2025
DISCOUNT DATED JULY, 1, 2022
0.000 DISCOUNT 0.0000 %
2 COMMODITY CODE: 962-86-00-043391
END DATE
FREIGHT
(SEE PAGE 17 OF EXHIBIT A FOR
FREIGHT/SHIPPING CHARGE DETAILS)
Line: 1 Total Fill: 30
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0.000 EA ITEM $ 0.000000
COUNTY OF LOS ANGELES VENDOR SIGNATURE/DATE
AGENDA ITEM #9.9
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SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
2 2
TERMS & CONDITIONS OF PURCHASE FOR CONTRACT MA-IS-2240228 NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DATABASE NUMBERING SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE AGREEMENT NUMBER 2240228 (TERM: 2022 - 2025) WILL HAVE A NEW NUMBER ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 2240228.
ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.*** ****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH RADIO COMMUNICATIONS AS AN ADDTIONAL FEATURE (I.E DESK
OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.**** CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. NO OTHER
CONDITIONS OR MODIFICATIONS OF THESE TERMS AND CONDITIONS WILL BE
EFFECTIVE UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE COUNTY OF LOS ANGELES (COUNTY). FAILURE OF COUNTY TO OBJECT TO PROVISIONS
CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION
FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION.
1. TERMS OF AGREEMENT:
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT:
A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS. (TO BE DONE IN 12 MONTH INCREMENTS).
B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED AGREEMENT.
C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS.
VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RATES, TERMS AND CONDITIONS.
ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY, AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION.
2 DELIVERY: DELIVERY SHALL BE AS STATED HEREIN. WHEN USING COMMON
CARRIERS, COUNTY RESERVES THE RIGHT TO DESIGNATE THE TRANSPORTATION CARRIER. FAILURE ON THE PART OF VENDOR TO ADHERE TO SHIPPING TERMS
SPECIFIED HEREON OR WRITTEN AGREEMENT MAY, AT COUNTY'S DISCRETION,
RESULT IN ADDITIONAL HANDLING COSTS BEING DEDUCTED FROM VENDOR'S INVOICE. COST OF INSPECTION ON DELIVERIES OR OFFERS FOR DELIVERY WHICH DO NOT MEET SPECIFICATIONS WILL BE FOR THE ACCOUNT OF VENDOR.
UNLESS OTHERWISE SET FORTH HEREIN, ALL ITEMS SHALL BE SUITABLE PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING DOCUMENTS AND CONTAINERS.
3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF.
INVOICES MUST STATE THAT THEY COVER, AS THE CASE MAY BE, COMPLETE OR PARTIAL DELIVERY, AND MUST SHOW UNITS AND UNIT PRICES.
INVOICES WILL NOT BE PAID UNLESS AND UNTIL THE REQUIREMENTS HAVE BEEN FULLY MET. WHEN PRICE SHOWN IS A DELIVERED PRICE, ALL
TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO DESTINATION.
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4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE
EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN
BUSINESS AS A SELLER (IF A CA COMPANY) OR ITS RETAILER'S CERTIFICATE OF REGISTRATION - USE TAX (IF NOT CA COMPANY). WITHOUT ONE OF THESE NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR. 5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S
RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 2240228 IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES
SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR CONTRACT (WHICHEVER IS GREATER).
6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER.
THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S ACCEPTANCE OF THE ITEM OR SERVICE. VENDOR WARRANTS THAT THE ITEMS
MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION
OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR ADMINISTRATIVE BODY.
DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL
ALL OR PART OF A PURCHASE ORDER AT NO COST AND FOR ANY REASON BY GIVING WRITTEN NOTICE TO VENDOR AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT EXCEEDING ONE PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE
ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY (30) CALENDAR DAYS PRIOR WRITTEN NOTICE.
8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES
WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF ALIENS AND OTHERS.
8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT.
9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL
FEDERAL, STATE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS CONCERNING HAZARDOUS MATERIALS AND TOXIC SUBSTANCES.
10 COVENANT AGAINST GRATUITIES: VENDOR WARRANTS THAT NO GRATUITIES (IN THE FORM\OF ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR
GIVEN BY VENDOR, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY
OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A
PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY DETERMINATION CONCERNING THE PERFORMANCE OF THE PURCHASE ORDER.
IN THE EVENT OF BREACH OF THIS WARRANTY, COUNTY SHALL BE ENTITLED
TO PURSUE THE SAME REMEDIES INCLUDING, BUT NOT LIMITED TO,
TERMINATION, AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF VENDOR'S DEFAULT.
11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH
COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AWARD OF A
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PURCHASE ORDER OR ANY COMPETING AGREEMENT, AND NO SPOUSE OR
ECONOMIC DEPENDENT OF SUCH EMPLOYEE, SHALL BE EMPLOYED IN ANY
CAPACITY BY VENDOR, OR HAVE ANY OTHER DIRECT OR INDIRECT FINANCIAL INTEREST IN THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR,
WHO MAY FINANCIALLY BENEFIT FROM THE AWARD OF A PURCHASE ORDER SHALL
IN ANY WAY PARTICIPATE IN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN
ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S APPROVAL OR ONGOING EVALUATION.
11A--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS,
ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED DURING THE TERM OF THE PURCHASE ORDER. VENDOR WARRANTS THAT IT IS NOT AWARE OF ANY FACTS WHICH CREATE A CONFLICT OF INTEREST. IF
VENDOR HEREAFTER BECOMES AWARE OF ANY FACTS WHICH MIGHT REASONABLY
BE EXPECTED TO CREATE A CONFLICT OF INTEREST, IT SHALL IMMEDIATELY MAKE FULL WRITTEN DISCLOSURE OF SUCH FACTS TO COUNTY. FULL WRITTEN
DISCLOSURE SHALL INCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF
ALL PERSONS IMPLICATED AND A COMPLETE DESCRIPTION OF ALL RELEVANT CIRCUMSTANCES.
12 GOVERNING LAW AND VENUE: THIS PURCHASE ORDER SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. VENDOR AGREES AND CONSENTS TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR ALL
PURPOSES REGARDING THIS PURCHASE ORDER, AND FURTHER AGREES AND
CONSENTS THAT VENUE OF ANY ACTION HEREUNDER SHALL BE EXCLUSIVELY IN THE COUNTY OF LOS ANGELES, CALIFORNIA.
13 INDEMNIFICATION: VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL LIABILITY, EXPENSE, INCLUDING DEFENSE COSTS AND LEGAL FEES, AND
CLAIMS FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM OR CONNECTED
WITH ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR ASSOCIATED WITH VENDOR'S
NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED HEREUNDER.
IF AN INFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE
PROCURE FOR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT, REPLACE
OR MODIFY IT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING
FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN.
THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY ACCEPTED ACCOUNTING STANDARDS FOR SUCH EQUIPMENT AND SOFTWARE.
VENDOR WILL HAVE NO DUTY TO DEFEND OR INDEMNIFY FOR ANY INFRINGEMENT
CLAIM THAT IS BASED UPON (I) THE COMBINATION OF THE EQUIPMENT OR
VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE
NOT FURNISHED BY MOTOROLA AND THAT IS ATTACHED TO OR USED IN CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY
COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOING STATES
THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS
AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS THEREOF.
THIS INDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY
REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE. 14 LIABILITY INSURANCE:
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THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH
LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU,
REPLACEMENT IS TO BE MADE BY SUPPLIER WITHIN TIME QUOTED FOR ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED
SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF
NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE
EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE COUNTY.
THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR
DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, OR
OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER
LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS
AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS
LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE
RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE BROUGHT WITHIN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW. 15 INSURANCE COVERAGE REQUIREMENTS;
GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
GENERAL AGGREGATE: $5 MILLION
PERSONAL AND ADVERTISING INJURY: $1 MILLION
EACH OCCURENCE: $5 MILLION
16 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE
PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE
LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES
WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE
AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE.
IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
EACH ACCIDENT: $1 MILLION
DISEASE - POLICY LIMIT: $1 MILLION
DISEASE - EACH EMPLOYEE: $1 MILLION
17 INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR LOS ANGELES COUNTY SERVICE AGREEMENTS
INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS,
EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY,
INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS,
AND EXPENSES (INCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING
FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING FROM AND/OR RELATING TO THIS AGREEMENT.
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GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S
INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT,
CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS
SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO
ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS
MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED BY CONTRACTOR'S OWN EXPENSE.
CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED
ENDORSEMENT
FOR COMPLETED OPERATIONS.
EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE
SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT.
THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS SATISFACTORY EVIDENCE OF INSURANCE.
THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT.
CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:
ATTN:
LORENA SANDOVAL
MA-IS-2240228
COUNTY OF LOS ANGELES - ISD
1100 NORTH EASTERN AVENUE RM # G115
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(1) SPECIFICALLY IDENTIFY THIS AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN THIS AGREEMENT. (3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN
WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF
CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE.
(4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE
COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING THE COUNTY OF LOS ANGELES
ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS
ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE
PROVISIONS OF THE
BLANKET ADDITIONAL INSURED ENDORSEMENT.
(5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS
SUFFICIENT TO
COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO
CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE OF THE
KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT.
18 INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING
OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY.
FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE
REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE
ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE
CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS
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AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH.
NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY:
(1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER
THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY
RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE.
(2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR
ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT.
(3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER.
(4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY
KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT.
COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO
COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF
THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO
COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY.
INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR
SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORMING SERVICES UNDER
THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY EITHER:
(1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE
ACTIVITIES OF SUB-CONTRACTORS, OR
(2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS
EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME.
19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE
DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY.
SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE
DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND
VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES.
20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR
IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT
AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND
THE APPLICATION OF SUCH PROVISIONS TO THE OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY. THE RIGHTS AND
REMEDIES PROVIDED HEREIN SHALL NOT BE EXCLUSIVE AND ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY. 20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER CONTRACT 2240228, CONTRACTOR CERTIFIES AND AGREES THAT ALL PERSONS
EMPLOYED BY IT, ITS AFFILIATES, SUBSIDIARIES, OR HOLDING COMPANIES ARE
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AND WILL BE TREATED EQUALLY BY IT WITHOUT REGARD TO OR BECAUSE OF
RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX AND IN
COMPLIANCE WITH ALL ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES
THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS WITHOUT
REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX. VENDOR SHALL ALLOW THE COUNTY ACCESS TO ITS
EMPLOYMENT RECORDS DURING THE REGULAR BUSINESS HOURS TO VERIFY COMPLIANCE WITH THESE PROVISIONS WHEN SO REQUESTED BY THE COUNTY.
IF THE COUNTY FINDS THAT ANY OF THE ABOVE PROVISIONS HAVE BEEN
VIOLATED, THE SAME SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT 40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT.
THE PARTIES AGREE THAT IN THE EVENT THE VENDOR VIOLATES THE
ANTI-DISCRIMINATION PROVISIONS OF THE PURCHASE ORDER, THE COUNTY
SHALL, AT ITS OPTION AND IN LIEU OF TERMINATION OR SUSPENDING THIS
PURCHASE ORDER AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES, PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS. 21 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL
APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND
REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS,
OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY,
COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES RESULTING FROM FAILURE OF COMPLIANCE.
22 FORCE MAJURE: NEITHER PARTY WILL BE LIABLE FOR DELAYS IN
PERFORMANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT
LIMITED TO, FIRE, FLOOD, ACT OF GOD OR RESTRICTION OF CIVIL OR MILITARY AUTHORITY.
23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR
DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S
PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION
WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL
CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH
COUNTY MAY IMMEDIATELY TERMINATE THE PURCHASE ORDER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT.
COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD. 24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS
ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON.
COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT.
25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR. 26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED 27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR
MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR
COVENANT OF THIS PURCHASE ORDER OR TO EXERCISE ANY RIGHT HEREUNDER
SHALL NOT BE CONSTRUED AS A WAIVER OF THE FUTURE PERFORMANCE OF ANY
SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO
WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER. 28 ACCEPTANCE: UNLESS EXPLICITLY STATED BY COUNTY AS OTHERWISE,
COUNTY, MAY CONDUCT, AT ITS LOCATION OR ANY OTHER COUNTY DESIGNATED
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LOCATION AND AT ITS EXPENSE, AN INCOMING ACCEPTANCE TEST ON ALL ITEMS PURCHASED HEREUNDER. THE ACCEPTANCE TEST PERIOD SHALL NOT EXCEED THIRTY (30) DAYS FROM RECEIPT OF SUCH ITEM(S) BY COUNTY. COUNTY MAY,
AT ITS SOLE DISCRETION, REJECT ALL OR ANY PART OF ITEMS OR SERVICES
NOT CONFORMING TO THE REQUIREMENTS/SPECIFICATIONS STATED IN A PURCHASE ORDER.
29 SPARE PARTS: VENDOR SHALL MAKE SPARE PARTS AVAILABLE TO COUNTY FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY OF THE ITEMS TO COUNTY. IF VENDOR IS UNABLE TO SO PROVIDE SPARE PARTS,
IT SHALL PROVIDE COUNTY WITH THE NAME(S) OF VENDOR'S SUPPLIERS SO
THAT COUNTY MAY ATTEMPT TO PROCURE SUCH UNAVAILABILITY, VENDOR
SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN OBTAINING SPARE PARTS.
30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT AND ANY
ATTACHMENTS HERETO, CONSTITUTES THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE PARTIES WHICH SUPERSEDES ALL PREVIOUS AGREEMENTS,
WRITTEN OR ORAL, AND ALL COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. THIS PURCHASE ORDER SHALL
NOT BE MODIFIED, SUPPLEMENTED, QUALIFIED OR INTERPRETED BY ANY
PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ANY USAGE OF TRADE. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH
IN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER DESIGNEE.
30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE
ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND
IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT, PURCHASE ORDER AND HEREIN.
31 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS
NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE
RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND
AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER. 32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE FACE HEREOF.
32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE:
VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND
CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE.
33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.010,
RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART
OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY
VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL
CONSTITUTE A MATERIAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT
UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THE PURCHASE ORDER AND/OR AGREEMENT.
33A---CONSIDERATION OF HIRING GAIN PROGRAM PARTICIPANTS: SHOULD THE
VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION
FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF
THE PUBLIC SOCIAL SERVICES GREATER AVENUE FOR INDEPENDENCE (GAIN)
PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN
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POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN PARTICIPANTS BY JOB CATEGORY TO VENDOR.
34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN
NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO
PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CONSIDERATION IN ANY
FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN
INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE
INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT
WITH RESPECT TO THE AWARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT
OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR 'S PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH
TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR.
CONTRACTOR SHALL IMMEDIATELY REPORT ANY ATTEMPT BY A COUNTY OFFICER OR EMPLOYEE TO SOLICIT SUCH IMPROPER CONSIDERATION. THE REPORT SHALL BE
MADE EITHER TO THE COUNTY MANAGER CHARGED WITH THE SUPERVISION OF THE
EMPLOYEE OR TO THE COUNTY AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE AT 213.974.0914 OR 800.544.6861. IMPROPER CONSIDERATION MAY TAKE THE
FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION
OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE PROMISE OF ANY OF THESE.
35 PARTICIPATING PUBLIC AGENCIES
COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL
DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION,
AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE
PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS
AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE.
THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER, REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER.
PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES
AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A
PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PROCURING PARTY.
THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY
ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE
THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE
OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY.
THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY
MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT.
EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-2240228 AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY
ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE
PROVISIONS OF THIS MPA (EXCEPT FOR PRICING, DELIVERY, PASSAGE OF TITLE AND
RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS)
WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT
AGENDA ITEM #9.9
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SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
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11 11
WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE. 36 FREIGHT/SHIPPING CHARGES:
1) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE. 2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PRICE QUOTE.
3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY SHALL BE AT COUNTY EXPENSE.
37 PRICING AS PER ATTACHED:
1. EXHIBIT A _ 2022-2025 DATED JULY, 1, 2022
38 WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM
CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL
INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH
CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND
UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON COUNTY AND ITS TAXPAYERS.
UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS
AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND
DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES COUNTY CODE CHAPTER 2.206.
39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT
LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF
NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206. |
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AGENDA ITEM #9.9
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STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
12 12
The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and laws of this state and are to be so construed.
PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles.
ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation.
Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.
Vendor will incur payment problems.
County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards.
Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penaltiesas specified in this agreement.
CONTRACTOR RESPONSIBILITY AND DEBARMENT
1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors.
2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County.
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal.
6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.
7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors.
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STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
13 13
PROHIBITION AGAINST USE OF CHILD LABOR
VENDOR shall:
1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment.
2. Upon request by COUNTY, identify the country/countries of origin of any products. goods, supplies or other personal property bidder sells or supplies to COUNTY, and
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply.
Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor.
A. Jury Service Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply.
B. Written Employee Jury Service policy.
1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service.
2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement.
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STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
14 14
3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program.
4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach.
PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.
Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent.
ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county.
B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.
C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT)
1. The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement or contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).
2. The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
3. Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments.
FEDERAL UNIFORM GUIDELINE CLAUSE
By entering into this Contract/Purchase Order, the Contractor/Vendor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
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STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-2240228-1 Page
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COMPLIANCE WITH COUNTY POLICY OF EQUITY
The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE), (https://ceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County’s expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.
AGENDA ITEM #9.9
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City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for the police package upfitting of six (6) Dodge Chargers.
RECOMMENDATION:
Approve the purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for the police package upfitting of six (6) Dodge Chargers.
SUMMARY:
The purchase of six (6) Dodge Charger Pursuit vehicles was approved by the City Council on June 21, 2023. Staff has obtained a quote from Dana Safety Supply, Inc for the complete upfitting - the installation of light bars, safety equipment, and other necessary items - for the six (6) Dodge Charger Pursuit vehicles in the amount of $198,610.50.
BACKGROUND INFORMATION:
Historically, Fleet Services will work with several vendors to purchase and equip our Police vehicles.
The proposed purchase is poised to e xpedite the overall delivery timeframe and will ensure the cohesiveness of having a single installation company for all necessary equipment. Dana Safety Supply has a proven track record of turnkey services with other municipal, state, and federal law enforcement agencies. At the October 19, 2022 meeting, City Council approved the order and upfitting of twenty (20) Ford Explorers from Dana Safety, which are expected to arrive in October 2023. Due to Dana Safety's nationwide network of car dealers and working relationships with equipment manufacturers, the City is expected to realize additional time and cost savings.
The vendor is committed to the quality of their work as they perform warranty service and replacement regardless of the manufacturer's standar d warranty timelines. As their nearest location is in Canoga Park, CA, Dana Safety will be able to reduce the downtime of necessary repairs to our vehicles by sending a technician to service the equipment with Indio.
The Indio Police Department is also r equesting this purchase be conducted pursuant to the "Limited availability/ sole source" exemption under Section 33.116 (C)(4)(b) of the Indio Municipal Code. Dana Safety Supply, Inc. works with a wide array of equipment manufacturers to source the various equipment needed to upfit the vehicles as part of their turnkey vehicle services. The working relationship results in reduced pricing, expedited equipment delivery, and overall installation time.
FINANCIAL SUMMARY:
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 266 of 968 Current FY Financial
Impact:
$198,610.50 In current year budget: Yes
Current FY General
Fund Impact:
Budget adjustment: No
Next FY Financial
Impact:
Strategic Objective: Public Safety
Source of funds: Vehicle Replacement Funds Fund-Org-Object Reference:
603-555003 – Vehicle
Replacement Fund
Additional Financial Details:
The cost of the purchase in the amount of $198,610.50 will be paid for through the Vehicle Replacement Fund 603-555003.
ATTACHMENTS:
Attachment 1 - Dana Safety Quote
APPROVAL(S):
Mike Washburn, Chief of Police Approved - 07 Jul 2023
Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 267 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
11 N 0.000.0000INFOa6MI0V7QD1
CITY OF INDIO - Marked Dodge Chargers
Warehouse: LOSA
come with full size spare tires
22 Y 420.00210.0000MISCa6NA0JMUF5
Draw-Tite Max-Frame Trailer Hitch Receiver - Custom F"
Warehouse: LOSA
Draw-Tite Max-Frame Trailer Hitch Receiver - Custom Fit - Class III - 2" Item # 76145
https://www.etrailer.com/Trailer-Hitch/Dodge/Charger/2023/76145.html?Vehi cleID=202361647
66 Y 10,530.001,755.0000MISCa6MI0V7QDW
Soundoff/SOI NXT nForce Dual Color Light Bar
Warehouse: LOSA
11 N 0.000.0000INFOa6MI0V7QEC
top to be red/blue of bars
Warehouse: LOSA
66 Y 564.0094.0000MISCa6MI0V7QER
Soundoff mPower Dual Color Lighthead Red/White
Warehouse: LOSA
66 Y 564.0094.0000MISCa6MI0V7QF7
Soundoff mPower Dual Color Lighthead Blue/White
Warehouse: LOSA
06/22/23
09:11:18 AM
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Print Date
Printed By: Patrick Hope
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a6MI0V7QF7
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 268 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 852.00142.0000ENT2B3Da6MI0V7QFM
SOI INTERSECTOR 18-LED UNDER MIRROR LIGHT RED/WHITE
Warehouse: LOSA
UNIVERSAL 180 DEGREE EXTERNAL UNDER-MIRROR OR
SURFACE MOUNT
************************************************************ ************
66 Y 852.00142.0000ENT2B3Ea6MI0V7RDX
SOI INTERSECTOR 18-LED UNDER MIRROR LIGHT
BLUE/WHITE
Warehouse: LOSA
UNIVERSAL 180 DEGREE EXTERNAL UNDER-MIRROR OR
SURFACE MOUNT
************************************************************ ************
1212 Y 1,680.00140.0000MISCa6MI0V7RT4
SOI Single Head LED Light Red/Blu
Warehouse: LOSA
mounted on sides of rear glass
66 Y 4,422.00737.0000MISCa6MI0V7RTZ
SOI Dodge Charger Rear Facing Interior Bar RABA
Warehouse: LOSA
11 N 0.000.0000INFOa6MI0V7RUF
NO ADD'L CHARGE FOR LIGHTHEADS IN REAR FACING BAR
Warehouse: LOSA
06/22/23
09:11:18 AM
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a6MI0V7RUF
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 269 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 1,788.00298.0000MISCa6MI0V7RVA
Link Module
Warehouse: LOSA
66 Y 4,944.00824.0000ENGSA5200CSPa6MI0V7RVP
SOI BLUEPRINT 200 WA TT DUAL TONE SIREN AMP
Warehouse: LOSA
66 Y 1,782.00297.0000MISCa6MI0V7RW5
SOI NODES/OUTPUTS
Warehouse: LOSA
1212 Y 1,776.00148.0000ETSS100Ja6MI0V7RWL
SOI 100J SERIES COMPOSITE SPEAKER
Warehouse: LOSA
100J series composite speaker w/ universal bail brkt-100 watt 66 Y 2,184.00364.0000ETSKLF200a6MI0V7S64
SOI LOW FREQUENCY AFTERSHOCK SIREN
Warehouse: LOSA
66 Y 1,068.00178.0000MISCa6MI0V7S70
SOI SYNC MODULE
Warehouse: LOSA
66 Y 240.0040.0000MISCa6MI0V7S8B
3" ROUND SUPER LED EQUIV ALENT TO WHELEN 3SC0CDCR
Warehouse: LOSA
06/22/23
09:11:18 AM
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Print Time
Print Date
Printed By: Patrick Hope
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a6MI0V7S8B
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 270 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 768.00128.0000MISCa6MI0V7S8Q
EQUIV ALENT PRODUCT TO WHELEN PELCB
Warehouse: LOSA
mounted in trunk
66 Y 11,904.001,984.0000EGTTE794Ha6MI0V7S96
SOI OPTICOM PREEMPTION LED MODULE
Warehouse: LOSA
66 Y 3,762.00627.0000MISCa6MI0V7SN2
SETINA Push Bumper with 2 front facing RBW Lights
Warehouse: LOSA
66 Y 1,308.00218.0000MISCa6MI0V7SNH
SOI Intersector lights R/W on side of bumper
Warehouse: LOSA
66 Y 1,308.00218.0000MISCa6MI0V7SNX
SOI Intersector lights B/W on side of bumper
Warehouse: LOSA
66 Y 564.0094.0000MISCa6MI0V7SOD
EQUIV ALENT PRODUCT TO WHELEN 502000CR
Warehouse: LOSA
1212 Y 1,128.0094.0000TLIJa6MI0V7SOS
WEC R/B SPLIT ION T-SERIES LINEAR SURFACE MOUNT
LIGHTH
Warehouse: LOSA
Mounted in trunk for add'l lighting when the trunk is opened 06/22/23
09:11:18 AM
4Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V7SOS
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 271 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 2,472.00412.0000FK0617CGR15a6MI0V7T1T
SETINA PB5 Fender Wraps Alumin, PB300/400
Warehouse: LOSA
66 Y 4,560.00760.0000PK1126CGR11a6MI0V7TGK
SMC #10XL C COA TED POLY PARTITION
Warehouse: LOSA
66 Y 6,492.001,082.0000QK0634CGR11a6MI0V7TUW
SMC REPLACEMENT CONTOUR TRANSPORT SEAT 2011 +
CHARGER
Warehouse: LOSA
INCLUDES CENTER PULL SEA T BEL T SYSTEM
************************************
66 Y 1,080.00180.0000QK0491CGR11a6MI0V7UC9
SMC TPO FLOOR PAN FOR 2011+ CHARGER
Warehouse: LOSA
VEHICLE -
*****************************
66 Y 240.0040.0000PP9640a6MI0V7URV
SMC VDRAIN FOR FLOOR PAN (EACH)
Warehouse: LOSA
66 Y 1,320.00220.0000WK0513CGR11a6MI0V7V8D
SMC STEEL WINDOW BARRIER FOR 2011+ DODGE CHARGER
Warehouse: LOSA
WK0513CGR11
06/22/23
09:11:18 AM
5Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V7V8D
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 272 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 240.0040.0000MISCa6MI0V7VQ6
progard door panel cover
Warehouse: LOSA
66 Y 5,850.00975.0000GK11191B1SSSCAa6MI0V7VQL
SMC DUAL T-RAIL WITH 1-SG LK & 1-1080 BLACK-RAC LOCK
Warehouse: LOSA
STANDARD KEY OVERRIDE
***************************
66 Y 36.006.0000MISCa6MI0V7W68
sc1902 - gun lock push button
Warehouse: LOSA
66 Y 7,320.001,220.0000DS-PAN-1112-2a6MI0V7W6O
HA V Docking Station with Dual Pass-Through Antenna
Warehouse: LOSA
Docking Station with Dual Pass-Through Antenna connection for Panasonic Toughbook 33, 2-in-1 Laptop with Power Supply
66 Y 2,664.00444.0000C-VS-2300-CHGRa6MI0V7WLU
HA V CONS, VS, 23TMS, HC, CHGR, 2021
Warehouse: LOSA
C-VS-2300-CHGR
66 Y 2,304.00384.0000MISCa6MI0V7X43
HA V CDMM3015 SWING UP MOUNT
Warehouse: LOSA
06/22/23
09:11:18 AM
6Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V7X43
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 273 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 1,530.00255.0000MISCa6MI0V7X4I
HA V CMD119 - SWING ARM
Warehouse: LOSA
66 Y 3,588.00598.0000MISCa6MI0V7X5E
PKGKB204 - HA V KEYBOARD & MOUNT
Warehouse: LOSA
66 Y 624.00104.0000MISCa6MI0V7X5T
HA V CSM800 - 8" MOUNT
Warehouse: LOSA
66 Y 564.0094.0000C-ARM-103a6MI0V7X69
HA V FLIP-UP ARMREST, ATTACHES TO CONSOLE
Warehouse: LOSA
66 Y 270.0045.0000CUP2-1001a6MI0V7XJP
HA V Self-Adjusting Double Cup Holder
Warehouse: LOSA
66 Y 228.0038.0000C-AP-0325a6MI0V7XXL
HA V ACCESSORY POCKET 3 HIGH 2.5 DEEP
Warehouse: LOSA
C-AP-0325
66 Y 552.0092.0000C-LP2-PS1-USBa6MI0V7YCS
HA V 2-12V PLUGS AND 2 USB PORTS
Warehouse: LOSA
C-LP2-PS1-USB
06/22/23
09:11:18 AM
7Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V7YCS
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 274 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
1212 Y 132.0011.0000C-MCBa6MI0V7YRZ
HA V CONSOLE MICROPHONE CLIP BRACKET
Warehouse: LOSA
1212 Y 288.0024.0000MISCa6MI0V7Z9C
MMBP25 - MAGNETIC MIC
Warehouse: LOSA
66 Y 1,368.00228.0000MISCa6MI0V7Z9S
PWAT182GPSBIN SHARKEE ANT
Warehouse: LOSA
66 Y 1,500.00250.0000INSTALL KITa6MI0V7ZAN
MISC INSTALLA TION SUPPLIES I.E.
Warehouse: LOSA
LOOM, WIRE, HARDW ARE, CONNECTORS, ETC
************************************************
66 N 21,324.003,554.0000INSTALLa6MI0V7ZB2
DSS INSTALLA TION OF EQUIPMENT
Warehouse: LOSA
66 Y 2,400.00400.0000MISCa6MI0V7ZBI
delineation
Warehouse: LOSA
66 Y 558.0093.0000MISCa6MI0V7ZBY
DSS floor mats
Warehouse: LOSA
06/22/23
09:11:18 AM
8Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V7ZBY
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 275 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 18.003.0000MISCa6MI0V7ZCE
retainer clips
Warehouse: LOSA
66 Y 180.0030.0000MISCa6MI0V7ZCT
dash cover
Warehouse: LOSA
From DSS to Indio
66 Y 1,326.00221.0000DELIVERYa6MI0V7ZD9
shipping of parts
Warehouse: LOSA
22 Y 9,562.004,781.0000MISCa6MI0V7ZDO
Stalker DSR 2X - includes Remote Display Interconnect
Warehouse: LOSA
66 Y 11,172.001,862.0000BDP56C11Da6MI0V7ZE4
PG BALLISTIC DOOR PANEL DRIVER SIDE
Warehouse: LOSA
66 Y 11,172.001,862.0000BDP56C11Pa6MI0V801Z
PG BALLISTIC DOOR PANEL-PASSENGER
Warehouse: LOSA
11 Y 0.000.0000MISCa6MI0V80HM
may switch to angel armor - same price
Warehouse: LOSA
06/22/23
09:11:18 AM
9Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V80HM
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 276 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 Y 5,484.00914.0000MISCa6MI0V80I1
Whelen Arges Passenger Side Spotlight
Warehouse: LOSA
66 Y 438.0073.0000MISCa6MI0V80IX
fire extinguisher
Warehouse: LOSA
66 Y 2,988.00498.0000TK1167CGR11a6MI0V80JC
SMC TRUNK TRAY ALUMINUM WITH LID AND LOCK
Warehouse: LOSA
66 Y 888.00148.0000A T7858a6MI0V80XO
SMC TRUNK TRAY FAN
Warehouse: LOSA
66 Y 1,944.00324.0000MISCa6MI0V81DA
Trunk Gun Rack - SET GK1025/26
Warehouse: LOSA
66 Y 360.0060.0000MISCa6MI0V81DQ
bracket to hold full-size tire flat
Warehouse: LOSA
66 Y 0.000.0000MISCa6MI0V81E6
Secure Idle Enabled
Warehouse: LOSA
06/22/23
09:11:18 AM
10Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6MI0V81E6
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 277 of 968 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
City of Indio
100 Civic Center Mall
Indio, CA 92201
(For Pickup - LOSA)
CANOGA PARK
9035 Independence Avenue
Canoga Park, CA 91304
Sales Quote
487926-B
INDIOCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-541-4502
Andres Coronel
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
05/25/23
E-mail: E-mail: [email protected]
66 N 900.00150.0000TRANSPORTa6MI0V81F1
VEHICLE TRANSPORTA TION BY HIRED DRIVERS
Warehouse: LOSA
from DSS Canoga to customer
66 N 15,306.002,551.0000TRANSPORTa6MI0VJNFO
VEHICLE TRANSPORTA TION BY HIRED DRIVERS
Warehouse: LOSA
From MS to Canoga Park, CA
Approved By:
Approve All Items & Quantities
Quote Good for 30 Days
06/22/23
09:11:18 AM
11Page No.
Print Time
Print Date
Printed By: Patrick Hope
Order Total
Sales Tax8.750 %
Freight
Subtotal
198,610.50
12,960.50
0.00 185,650.00
a6MI0VJNFO
AGENDA ITEM #9.10
Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for ... Page 278 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10376 authorizing the City Manager or the Public Works Director of Department California the execute Agreements to with Transportation for the City of Indio’s Transformative Climate Communities Project Development Grant Program Projects.
RECOMMENDATION:
Adopt Resolution No. 10376 authorizing the City Manage r or the Public Works Director to execute Agreements with the California Department of Transportation for the City of Indio’s Transformative Climate Communities Project Development Grant Program Projects.
SUMMARY:
The City is working with a group of non -profit partners to submit a Transformative Climate Communities (TCC) Project Development Grant to the California Strategic Growth Council. If awarded, funds will be used to: 1) purchase land for multi-family housing in the Jewel Community; 2) complete the design, engineering and environmental clearances for housing construction, HVAC, solar, etc. 3) conduct community outreach and engagement in the Jewel neighborhood. Resolution No. 10376 will authorize the City Manage r or Public Works Director to submit an application to the California Strategic Growth Council, and to accept the TCC Project Development Grant if selected for an award.
BACKGROUND INFORMATION:
California Strategic Growth Council Transformative Climate C ommunities (SGCTCC) empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to reduce greenhouse gas (GHG) emissions and local air pollution. It is a highly competitive grant created to meet the following goals: 1) achieve significant reductions in greenhouse gas emissions; 2) improve public health and environmental benefits; 3) expand economic opportunity and shared prosperity.
This year, the City is submitting an application to purchase land for multi -family housing in the Jewel community with these grant funds. Funds would also be used to conduct community outreach and engage with the Jewel neighborhood on this project. The City intends to complete all design, engineering, and environmental clearances to have a shovel ready project ready to apply for further grant funding.
The SCGTCC has funds earmarked specifically for project development applications and the remaining funds are used for the highly competitive project implementation grant applications. This year, the City’s strategy is to submit for a project development grant, where there is less competition, AGENDA ITEM #9.11
Resolution No. 10376 authorizing the City Manager or the Public Works Di... Page 279 of 968 with an outcome to put us in a better position to apply for an implementation grant in the following round. Also, by having the grant pay for the design, engineering and environmental clearances, the City will be able to attract more developers who can build the much-needed housing quickly.
Last Cycle (Round 4), Indio and its partners were not awarded funds for the "Polishing Jewel" TCC Implementation grant. Requesting TCC Project Development grant funds in Round 5 will create a "shovel ready" site for future housing development. This project will help Indio meet its 6th cycle Regional Housing Needs Allotment (RHNA) requirements. Additionally, In dio would be prepared to apply for a future round of TCC Implementation grant funding. The City would partner with a housing developer and the construction investment would be leveraged as the local match for the $35 million TCC Implementation grant proposal.
The SGCTCC requires that a Resolution be adopted to authorize the City Manager or the Public Works Director to execute the funding Agreement with Caltrans as a part of the application. Resolution No. 10376 will meet this requirement of the grant for this cycle and any future cycles for which the City may apply.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
There is no fiscal impact to the City due to adopting the proposed Resolution No. 10376. A local match is not required for this grant.
ATTACHMENTS:
Attachment 1
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 10 Jul 2023 Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #9.11
Resolution No. 10376 authorizing the City Manager or the Public Works Di... Page 280 of 968 ATTACHMENT 1
RESOLUTION NO. 10376
AGENDA ITEM #9.11
Resolution No. 10376 authorizing the City Manager or the Public Works Di... Page 281 of 968 1 RESOLUTION NO. 10376
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO
APPROVING THE APPLICATION FOR TRANSFORMATIVE
CLIMATE COMMUNITIES PROJECT DEVELOPMENT GRANT
FUNDS
WHEREAS, the State of California Department of Conservation through the Strategic Growth Council has been delegated the responsibility by the Legislature of the State of California for the administration of the Transformative Climate Communities Project Development Grant Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State of California Department of Conservation through the Strategic Growth Council require the Applicant the City of Indio to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
THE CITY COUNCIL HEREBY APPROVES THE FILING OF AN APPLICATION FOR THE POLISHING JEWEL PROJECT DEVELOPMENT GRANT; AND
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and
2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project; and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to the City Manager or the Public Works Director to conduct all negotiations, sign and submit all documents, including, b ut not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and
5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
6. Will consider promoting inclusion per Public Resources Code 80001 (b)(8 A-G)
AGENDA ITEM #9.11
Resolution No. 10376 authorizing the City Manager or the Public Works Di... Page 282 of 968 2 PASSED, APPROVED AND ADOPTED this19th day of July 2023
____________________________
OSCAR ORTIZ, MAYOR
ATTEST:
_______________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
APPROVEDTO FORM:
STEVEN GRAHAM, CITY ATTORNEY
AGENDA ITEM #9.11
Resolution No. 10376 authorizing the City Manager or the Public Works Di... Page 283 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Urban Habitat in an amount not-to-exceed $917,127 for the Indio Medians Project(Project No. ST2305)
RECOMMENDATION:
Approve the project plans and specifications for the Indio Medians Project (Project No. ST2305); award a construction contract to Urban Habitat in an amount not -to-exceed $917,127; and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act.
SUMMARY:
On June 21, 2023, staff received and opened four (4) construction bids for the Indio Medians Project (Project No. ST2305). After thorough bid analysis and due diligence, staff determined that Urban Habitat is the lowest responsible bidder per the bid opening.
BACKGROUND INFORMATION:
The project consists of six median locations: 1) The median at the north parkway on Highway 111 at the intersection of Golf Center Drive; 2) the median on Highway 111 between Jackson and Grace Street; 3) the median on Highway 111 between Madison Street and the Stater Bros. center entrance; 4) the median on Highway 111 between Monroe Street and the entrance to Vista Paint; 5) the median on Highway 111 between Rubidoux Street and the Little Caesar’s entrance; and 6) the median on Jefferson Street between Country Club Drive and Indio Boulevard. The work will include, but is not limited to, demolition of existing plant material, removal of concrete, installation of new plants, rock groundcover, and boxes pull electrical in -li ground boring, connections, meter electric ghting, patchwork, new water main lines, and water meter connections.
The project was advertised on May 15, 2023. The City received and opened bids on June 21, 2023.
A total of four (4) sealed bids were received. A summary of the bids received is provided below.
Proposer Name Location Total Bid
Urban Habitat La Quinta, CA $ 917,127.00
Marina Landscape, Inc. Orange, CA $ 967,935.00
Brightview Landscape Development, Inc. Indio, CA $1,257,154.50 Three Peaks Corp. Calimesa, CA $1,422,940.00
AGENDA ITEM #9.12
Construction contract with Urban Habitat in an amount not-to-exceed $917... Page 284 of 968 Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Urban Habitat The company is appropriately licensed and qualified to perform the w ork within the project specifications. Staff recommends awarding the contract to Urban Habitat.
The City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineerin g standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. The Engineer’s construction cost estimate was $983,585.
Construction is scheduled to take place from August 2023 to January 2024.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$917,127 In current year budget: Yes
Current FY General
Fund Impact:
$917,127 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: General Fund Fund-Org-Object
Reference:
300-523006
Additional Financial Details:
The City will be using General Fund resources that were set aside for the construction of the Miscellaneous Roadway Landscaping Projects, per the approved FY 23/24 Capital Improvement Program budget.
ATTACHMENTS:
Attachment 1
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 10 Jul 2023 Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #9.12
Construction contract with Urban Habitat in an amount not-to-exceed $917... Page 285 of 968 ATTACHMENT 1
PROJECT LOCATION MAP
AGENDA ITEM #9.12
Construction contract with Urban Habitat in an amount not-to-exceed $917... Page 286 of 968 ATTACHMENT - 1
COUNCIL MEETING DATE
NWE
E N G I N E E R I N G S E R V I C E SLEGENDPROJECT LOCATIONCITY BORDERV I C I N I T Y M A P S
NOT TO SCALE
JEFFERSON STMADISON ST
RUBIDOUX STGOLF CENTERPKWYJACKSON ST
HWY 111HWY 111
INDIO BLVD
MONROE ST1 HWY 111 @ GOLF CENTER PKWY2 HWY 111 @ JACKSON3 HWY 111 @ MADISON4 HWY 111 @ MONROE5 HWY 111 @ RUBIDOUX6 JEFFERSON @ INDIO BLVD 123 45
6 JACKSON ST
AGENDA ITEM #9.12
Construction contract with Urban Habitat in an amount not-to-exceed $917... Page 287 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Three Peaks Corp. in an amount not-to-exceed $726,384 for the Miles Avenue Dog Park (Project No. PK2305)
RECOMMENDATION:
Approve the project plans and specifications for the Miles Avenue Dog Park (Project No. PK2305); award a construction contract to Three Peaks Corp. in an amount no t-to-exceed $726,384.00; and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act.
SUMMARY:
On June 19, 2023, staff received and opened five (5) construction bids for the Miles Avenue Dog Park (Project No. PK2305). After thorough bid analysis and due diligence, staff determined that Three Peaks Corp. is the lowest responsible bidder per the bid opening.
BACKGROUND INFORMATION:
The project is located on the northwest section of Miles Avenue Park, at the corner of Arabia Street and Leroy Way. The project will enclose a section of the existing sidewalk in the park to create separate areas for small and large dogs to play. The specific scope of work includes the installation of concrete sidewalks, benches, wrought iron fencing, gates, sod, mulch, dog amenities, drinking fountains, trash cans, and a reconfiguration of the existing irrigation system. T he existing trees and pergolas will remain in place to provide much needed shade for the dog park.
The project was advertised on May 17, 2023. The City received and opened bids on June 19, 2023.
A total of five (5) sealed bids were received. A summary of the bids received is provided below.
Proposer Name Location Total Bid
Three Peaks Corp. Calimesa, CA $ 726,384.00
Conserve LandCare Thousand Palms, CA $ 729,285.00
Urban Habitat La Quinta, CA $ 992,542.60
C.S. Legacy Construction, Inc. Walnut, CA $1,119,143.00 Deark E&C, Inc. Fullerton, CA $1,099,660.21
Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Three Peaks Corp. The AGENDA ITEM #9.13
Construction contract with Three Peaks Corp. in an amount not-to-exceed ... Page 288 of 968 company is appropriately licensed and qualified to perform the work within the project specifications.
Staff recommends awarding the contract to Three Peaks Corp.
City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. The Engineer’s construction cost estimate was $1,132,500. The Construction is scheduled to take place from August 2023 to January 2024.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$726,384 In current year budget: Yes
Current FY General
Fund Impact:
$726,384 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: General Fund Fund-Org-Object
Reference:
300-523006
Additional Financial Details:
The FY 23/24 Capital Improvement Program budget included $450,000 for Miles Avenue Dog Park.
Staff recommends the remaining funds in the amount not to exceed $276,384 come from the Roadway/Parkway Landscaping Improvements budget.
Allocate budgeted funds from (PK2407) Roadway/Parkway Landscaping Improvements in the amount of $276,384 to the Miles Avenue Dog Park (PK2305)
PK2305 Miles Avenue Dog Park $450,000
PK2407 Roadway/Parkway Landscaping
Improvements $276,384
Total $726,384
ATTACHMENTS:
Attachment 1
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 10 Jul 2023 Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #9.13
Construction contract with Three Peaks Corp. in an amount not-to-exceed ... Page 289 of 968 ATTACHMENT 1
PROJECT LOCATION MAP
AGENDA ITEM #9.13
Construction contract with Three Peaks Corp. in an amount not-to-exceed ... Page 290 of 968 ATTACHMENT - 1
COUNCIL MEETING DATE
NWE
E N G I N E E R I N G S E R V I C E SLEGENDPROJECT LOCATIONJULY 19, 2023V I C I N I T Y M A P S
NOT TO SCALE
AGENDA ITEM #9.13
Construction contract with Three Peaks Corp. in an amount not-to-exceed ... Page 291 of 968
AGENDA ITEM #9.13
Construction contract with Three Peaks Corp. in an amount not-to-exceed ...Page 292 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map for ABC Recovery Center, Inc., Parcel Map No. 38630 (ABC Recovery Center), generally located on the southwest corner of Palm Street and Indio Boulevard.
RECOMMENDATION:
Find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision O rdinance; approve the Final Parcel Map for ABC Recovery Center, Inc., Parcel Map No. 38630 (ABC Recovery Center), generally located on the southwest corner of Palm Street and Indio Boulevard; authorize the City Clerk to attest the approved Parcel Map upon completion of any technical corrections required by the City Engineer.
SUMMARY:
The proposed subdivision for Parcel Map No. 38630 (ABC Recovery Center), generally located on the southwest corner of Palm Street and Indio Boulevard, consists of a 9.8 -acre parcel that will be subdivided into two (2) parcels. All the off -site improvements are in, therefore there is no need for a Subdivision Improvement Agreement and bonds.
BACKGROUND INFORMATION:
On May 17, 2023, the City Council approved Tentative Parcel Map No. 38630. All the off -site improvements are in, therefore there is no need for a Subdivision Improvement Agreement and bonds.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
None.
ATTACHMENTS:
AGENDA ITEM #9.14
Approval of Final Parcel Map for ABC Recovery Center, Inc., Parcel Map N... Page 293 of 968 Attachment 1
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 10 Jul 2023 Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #9.14
Approval of Final Parcel Map for ABC Recovery Center, Inc., Parcel Map N... Page 294 of 968 ATTACHMENT 1
VICINITY MAP
AGENDA ITEM #9.14
Approval of Final Parcel Map for ABC Recovery Center, Inc., Parcel Map N... Page 295 of 968 ATTACHMENT - 1
COUNCIL MEETING DATE
APPLICANT
SUMMARY:
N
W E
E N G I N E E R I N G S E R V I C E S
LEGEND
PROJECT
LOCATION
JULY 19, 2023
THE PROPOSED RESIDENTIAL SUBDIVISION FOR PARCEL
MAP NO. 38630 (ABC RECOVERY CENTER), GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF PALM STREET
AND INDIO BOULEVARD, HAS ALL THE OFF-SITE
IMPROVEMENTS COMPLETED, THEREFORE THE IS NO
NEED FOR A SUBDIVISION IMPROVEMENT AGREEMENT
AND BONDS.
V I C I N I T Y M A P
S
NOT TO SCALE
CITY OF INDIO
MONROE ST
AVENUE 44
PM 38630
FRED WARING DR
AVENUE 46
JACKSON ST
HWY 111
INDIO BLVD
SUN GOLD ST
PALM ST
AGENDA ITEM #9.14
Approval of Final Parcel Map for ABC Recovery Center, Inc., Parcel Map N... Page 296 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jesus Gomez, Housing and Neighborhood Services Manager Subject: Award of Professional Services Agreement to Dudek in the not -to-exceed amount of $100,000 for Consulting Services Pertaining to Implementation of the City's Sixth Cycle Housing Element
RECOMMENDATION:
Approve the Professional Services Agreement with Dudek in the not -to-exceed amount of $100,000 for consulting services pertaining to the implementation of the City's Sixth Cycle Housing Element and determining that the action is subject to environmental review pursuant to Section 15378(b)(5) (Administrative Activities) of the California Environmental Quality Act.
SUMMARY:
The proposed Professional Services Agreement in the not-to-exceed amount of $100,000 with Dudek would provide needed assistance with the implementation of the City's Sixth Cycle Housing Element (2021-2029).
BACKGROUND INFORMATION:
The City is currently in its 2nd year of implementation of the City's adopted Sixth Cycle Housing Element of the General Plan 2021 -2029. The Sixth Cycle Housing Element 2021 -2029 ("Housing Element") is an 8-year plan that was initially adopted and re -adopted by the City Council on January 5 and April 6, 2022, respectively, and submitted to the State Department of Housing and Community Development (HCD) for review as required by State Housing Element Law. HCD subsequently determined that the Housing Element was in compliance wi th State Law and certified it on April 20, 2022. Indio was the first City in the Coachella Valley to receive the certification.
During that 8-year period of the Housing Element, the City is required to meet certain obligations to prepare for and address housing needs, including adhering to the Regional Housing Needs Allocation (RHNA) that requires the City to plan for enough housing to accommodate all economic segments of the community as categorized by income levels. The Housing Element also requires the City to adhere to a demanding Housing Element Implementation Program that contains 37 general implementation focus areas (identified as "Implementation Programs" in the Housing Element) and 75 specific objectives that are meant to lead to the local removal of governmental constraints to the maintenance, improvement, and development of housing.
On March l5, 2023, the City Council accepted the City's Housing Element Annual Progress Report (APR) and directed staff to submit the APR to the State as require d by April 1. The APR reports the progress of meeting the Housing Element obligations for the previous calendar year, to the State. As AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 297 of 968 was presented to the Council at that time, some objectives have been completed, while others are in- progress or pending implementation. As was also mentioned to the City Council at that time, due to the volume and complexity of the implementation objectives, staff contemplated needing consultant assistance to successfully complete some of the objectives that were pending completion or were due for completion of the course of this year.
Staff has determined that moving forward with a direct sole-source contract with Dudek would provide the City with continuity of service and would help expedite the completion of several o f the implementation programs and objectives (as described in Exhibit A of the Agreement).
Dudek has the knowledge, experience and expertise that set them apart from all other potential consultants at this moment. Dudek has provided recent significant s ervices and has managed meaningful projects on the City's behalf in an effective and cost effective manner, including the recent Housing Element Update and the City's Transformative Climate Communities (TCC) Plan.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$100,000 In current year budget: Yes
Current FY General
Fund Impact:
$100,000 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: General Fund Fund-Org-Object
Reference:
1012182-521064
ATTACHMENTS:
Attachment 1--Dudek Professional Services Agreement
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 11 Jul 2023 Steven Graham, City Attorney Approved - 11 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Jul 2023 Bryan H. Montgomery, City Manager Approved - 13 Jul 2023
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 298 of 968
PROFESSIONALSERVICESAGREEMENT
BYANDBETWEEN
THECITYOFINDIO,ACALIFORNIAMUNICIPALCORPORATION
AND
DUDEK,ACALIFORNIACORPORATION
IIINIIDIIO
FormApproved09/01/2022
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 299 of 968 PROFESSIONALSERVICESAGREEMENTFORCONSULTINGSERVICESPERTAININGToIMPLEMENTATIONOFTHESIXTHCYCLEHOUSINGELEMENT,BETWEENTHECITYOFINDIOANDDudekTHISPROFESSIONALSERVICESAGREEMENT(“Agreement”)ismadeandenteredintothis19thdayofJuly,2023(“EffectiveDate”),byandbetweentheCITYOFINDIO(“City”),aCaliforniamunicipalcorporationandDudek,aCaliforniacorporation(“Consultant”).ForthepurposesofthisAgreementCityandConsultantaresometimeshereinafterreferredtoas“Party”andhereina?ercollectivelyreferredtoasthe“Parties.”RECITALS1.CityhassoughtbydirectcontracttheperfomianceofconsultingservicespertainingtoImplementationoftheSixthCycleHousingElement,de?nedanddescribedparticularlyinSection2,“ScopeofServicesandScheduleofPerformance”ofthisAgreement.2.ConsultantwasselectedbyCitytoperformthoseservices.3.ConsultantwasselectedbyCityonthebasisofConsultant’sdemonstratedcompetenceandtheprofessionalquali?cationsnecessaryforthesatisfactoryperformanceoftheservicesrequired.4.PursuanttotheChapter33ofthelndioMunicipalCode,CityhasauthoritytoenterintothisAgreementandtheCityManagerhasauthoritytoexecutethisAgreement.5.ThePartiesdesiretoformalizetheselectionofConsultantforperformanceofthoseservicesde?nedanddescribedparticularlyinSection2“ScopeofServicesandScheduleofPerformance”ofthisAgreementanddesirethatthetermsofthatperformancebeasparticularlyde?nedanddescribedherein.OPERATIVEPROVISIONSNOW,THEREFORE,forandinconsiderationofthemutualpromisesandcovenantsmadebythePartiesandcontainedhereinandotherconsideration,thevalueandadequacyofwhichareherebyacknowledged,thePartiesagreeasfollows:SECTION1.TERMOFAGREEMENT(a)SubjecttotheprovisionsofSection20"TerminationofAgreement"ofthisAgreement,theTennofthisAgreementisthroughJune30,2024,commencingonEffectiveDate,unlessotherwiseextendedbywrittenagreementoftheParties.(b)TheCityManagermay,inhisorhersolediscretion,unilaterallyexerciseanoptiontoextendtheAgreementonamonth-to-monthbasisfollowingexpirationonthesameterms IND-PSArev2022I214Page|1
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 300 of 968 andconditions,includingcompensationassetforthinSection4“CompensationandMethodofPayment.”(c)ConsultantacknowledgesthattheAgreementtermmayextendovermultipleCity?scalyears,andthatworkandcompensationunderthisAgreementiscontingentontheCityCouncilappropriating?mdingforandauthorizingsuchworkandcompensationforthosefiscalyears.ThisAgreementmaybeterminatedbytheCityManagerattheendofa?scalyearwhensufficient?mdingisnotappropriatedandauthorizedforthesubsequentfiscalyear.CityisnotobligatedtopayConsultantforanyamountsnotdulyappropriatedandauthorizedbyCityCouncil.SECTION2.SCOPEOFSERVICESANDSCHEDULEOFPERFORMANCE(a)SCOPEOFSERVICES.SubjecttothisAgreement,alladdendumsandexhibitsattachedandincorporatedhereto,ConsultantagreestoperfonntheservicesandtaskssetforthinExhibit“A”“ScopeofServices”(hereinafter,the“Services”)andtheCityagreestoretainanddoesherebyretainConsultantfortheServices.(b)SCHEDULEOFPERFORMANCE.TheServicesshallbecompletedpursuanttotheschedulespecifiedinExhibit“A.”ShouldtheServicesnotbecompletedpursuanttothatschedule,theConsultantshallbedeemedtobeinDefaultofthisAgreement.TheCity,initssolediscretion,maychoosenottoenforceSection21,“Default”ofthisAgreementandmayinsteadallowConsultanttocontinueperformingtheServices.SECTION3.ADDITIONALSERVICES.ConsultantshallnotbecompensatedforanyworkrenderedinconnectionwithitsperformanceofthisAgreementthatareinadditiontooroutsideoftheServicesunlesssuchadditionalservicesareauthorizedinadvanceandinwritinginaccordancewithSection26“AdministrationandImplementation”orSection28“Amendment”ofthisAgreement.Ifandwhensuchadditionalworkisauthorized,suchadditionalworkshallbedeemedtobepartoftheServices.SECTION4.COMPENSATIONANDMETHODOFPAYMENT.(a)SubjecttoanylimitationssetforthinthisAgreement,CityagreestopayConsultanttheamountsspecifiedinExhibit“B”“Compensation”andmadeapartofthisAgreementbythisreference.Thetotalcompensation,includingreimbursementforactualexpenses,shallnotexceedOneHundredThousandDollarsandNoCents($100,000.00),unlessadditionalcompensationisapprovedinwritinginaccordancewithSection26“AdministrationandImplementation”orSection28“Amendment”ofthisAgreement.PaymentshallbemadeinaccordancewithCity’susualaccountingproceduresuponreceiptandapprovalofanitemizedinvoicesettingforththeservicesperfonned.TheinvoicesshallbedeliveredtoCityattheaddresssetforthinSection24,“Notices”hereof.UndernocircumstancesshallthetotalamountpaidtoConsultantunderthisAgreementexceedtheIND-PSArev2022l2l4.Page|2
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 301 of 968 CityManager’sauthorityunderlndioMunicipalCodeSection33.116(C)(2)withoutapprovalbytheCityCouncil.(b)EachmonthConsultantshallfurnishtoCityanoriginalinvoiceforallworkperformedand‘expensesincurredduringtheprecedingmonth.Theinvoiceshalldetailchargesbythefollowingcategories:labor(bysub-category),travel,materials,equipment,supplies,andsubconsultantcontracts.Subconsultantchargesshallbedetailedbythefollowingcategories:labor,travel,materials,equipmentandsupplies.Ifthecompensationsetforthinsubsection(a)andExhibit“B”includepaymentoflaboronanhourlybasis(asopposedtolaborandmaterialsbeingpaidasalumpsum),thelaborcategoryineachinvoiceshallincludedetaileddescriptionsoftasksperformedandtheamountoftimeincurredfororallocatedtothattask.CityshallindependentlyrevieweachinvoicesubmittedbytheConsultanttodeterminewhethertheworkperfonnedandexpensesincurredareincompliancewiththeprovisionsofthisAgreement.Intheeventthatnochargesorexpensesaredisputed,theinvoiceshallbeapprovedandpaidaccordingtothetermssetforthinsubsection(c).IntheeventanychargesorexpensesaredisputedbyCity,theoriginalinvoiceshallbereturnedbyCitytoConsultantforcorrectionandresubmission.(c)ExceptastoanychargesforworkperformedorexpensesincurredbyConsultantwhicharedisputedbyCity,CitywillcauseConsultanttobepaidwithinforty-?ve(45)daysofreceiptofConsultant’scorrectandundisputedinvoice.(d)PaymenttoConsultantforworkperformedpursuanttothisAgreementshallnotbedeemedtowaiveanydefectsinworkperformedbyConsultant.(e)IfthisAgreementisextendedpursuanttoSection1“TermofAgreement,”theCityshallpaythesameratesspeci?edinExhibit“B”“Compensation.”SECTION5.INSPECTIONANDFINALACCEPTANCE.CitymayinspectandacceptorrejectanyofConsultant’sworkunderthisAgreement,eitherduringperformanceorwhencompleted.Cityshallrejector?nallyacceptConsultant’sworkwithinsixty(60)daysaftersubmittedtoCity.Cityshallrejectworkbyatimelywrittenexplanation,otherwiseConsultant’sworkshallbedeemedtohavebeenaccepted.City’sacceptanceshallbeconclusiveastosuchworkexceptwithrespecttolatentdefects,fraudandsuchgrossmistakesasamountto?'aud.AcceptanceofanyofConsultant’sworkbyCityshallnotconstituteawaiverofanyoftheprovisionsofthisAgreementincluding,butnotlimitedto,Sectionl6“lndemni?cation”andSection17“Insurance.”SECTION6.OWNERSHIPorDOCUMENTS.Alloriginalmaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesandotherdocumentsprepared,developedordiscoveredbyConsultantinthecourseofprovidingtheServicespursuanttothisAgreementshallbecomethesolepropertyofCityandmaybeused,reusedorotherwisedisposedofbyCitywithoutthepermissionoftheIND-PSArev20221214Page|3
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 302 of 968 Consultant.Uponcompletion,expirationorterminationofthisAgreement,ConsultantshallturnovertoCityallsuchoriginalmaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesandotherdocuments.IfandtotheextentthatCityutilizesforanypurposenotrelatedtothisAgreementanymaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesorotherdocumentsprepared,developedordiscoveredbyConsultantinthecourseofprovidingtheServicespursuanttothisAgreement,Consultant’sguaranteesandwarrantiesinSection9“StandardofPerformance”ofthisAgreementshallnotextendtosuchuseofthemaps,models,designs,drawings,photographs,studies,surveys,reports,data,notes,computer?les,?lesorotherdocuments.(a)INTELLECTUALPROPERTYRIGHTSASSIGNMENT.Fornoadditionalcompensation,ConsultantherebyassignstoCityallofConsultant’srights,title,andinterestinandtothecontentofalldeliverablematerialscreatedbyConsultantoritsemployees,agents,orsubconsultants,includingcopyrights,inconnectionwiththeServicesperformedunderthisAgreement.Consultantshallpromptlyexecuteanddeliver,andshallcauseitsemployees,agents,andsubconsultantstopromptlyexecuteanddeliver,uponrequestbytheCityoranyofitssuccessorsorassignsatanytimeandwithoutfurthercompensationofanykind,anypowerofattorney,assignment,applicationforcopyright,patent,trademarkorotherintellectualpropertyrightprotection,orotherpapersorinstrumentswhichmaybenecessaryordesirabletofullysecure,perfectorotherwiseprotecttoorfortheCity,itssuccessorsandassigns,allright,titleandinterestinandtothecontentofthedeliverablematerials.Forpurposesofthissectiondeliverablematerialsincludesallworks,tangibleornot,createdunderthisAgreementincluding,withoutlimitation,documents,material,data,reports,manuals,speci?cations,artwork,drawings,sketches,computerprogramsanddatabases,schematics,photographs,videoandaudiovisualrecordings,soundrecordings,marks,logos,graphicdesigns,notes,website,domainnames,inventions,processes,formulasmattersandcombinationsthereof,andallformsofintellectualproperty.Theprovisionsofthisparagrapharebindingonthesuccessors,assignsandheirsofConsultantandshallsurvivetheterminationofConsultant’sServicesunderthisAgreement.SECTION7.CONSUl..TANT’SBOOKSANDRECORDS.(a)ConsultantshallmaintainanyandalldocumentsandrecordsdemonstratingorrelatingtoConsultant’sperformanceoftheServices.Consultantshallmaintainanyandallledgers,booksofaccount,invoices,vouchers,canceledchecks,orotherdocumentsorrecordsevidencingorrelatingtowork,services,expendituresanddisbursementschargedtoCitypursuanttothisAgreement.Anyandallsuchdocumentsorrecordsshallbemaintainedinaccordancewithgenerallyacceptedaccountingprinciplesandshallbesuf?cientlycompleteanddetailedsoastopermitanaccurateevaluationoftheservicesprovidedbyConsultantpursuanttothisAgreement.Anyandallsuchdocumentsorrecordsshallbemaintainedforthree(3)yearsfromthedateofexecutionofthisAgreementandtotheextentrequiredbylawsrelatingtoauditsofpublicagenciesandtheirexpenditures.
IND-PSArev2022l2l4Page|4
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 303 of 968 (b)Anyandallrecordsordocumentsrequiredtobemaintainedpursuanttothissectionshallbemadeavailableforinspection,auditandcopying,atanytimeduringregularbusinesshours,uponrequestbyCityoritsdesignatedrepresentative.CopiesofsuchdocumentsorrecordsshallbeprovideddirectlytotheCityforinspection,auditandcopyingwhenitispracticaltodoso;otherwise,unlessanalternativeismutuallyagreedupon,suchdocumentsandrecordsshallbemadeavailableatConsultant’saddressindicatedforreceiptofnotices,“Section24,”ofthisAgreement.(c)WhereCityhasreasontobelievethatanyofthedocumentsorrecordsrequiredtobemaintainedpursuanttothissectionmaybelostordiscardedduetodissolutionorterminationofConsultant’sbusiness,Citymay,bywrittenrequest,requirethatcustodyofsuchdocumentsorrecordsbegiventotheCity.AccesstosuchdocumentsandrecordsshallbegrantedtoCity,aswellastoitssuccessorsininterestandauthorizedrepresentatives.SECTION8.INDEPENDENTCONTRACTOR.(a)Consultantisandshallatalltimesremainawhollyindependentcontractorandnotanof?cer,employeeoragentofCity.ConsultantshallhavenoauthoritytobindCityinanymanner,nortoincuranyobligation,debtorliabilityofanykindonbehalfoforagainstCity,whetherbycontractorotherwise,unlesssuchauthorityisexpresslyconferredunderthisAgreementorisotherwiseexpresslyconferredinwritingbyCity.(b)ThepersonnelperformingtheServicesunderthisAgreementonbehalfofConsultantshallatalltimesbeunderConsultant’sexclusivedirectionandcontrol.NeitherCity,noranyelectedorappointedboards,of?cers,of?cials,employeesoragentsofCity,shallhavecontrolovertheconductofConsultantoranyofConsultant’sof?cers,employees,subconsultantsoragentsexceptassetforthinthisAgreement.ConsultantshallnotatanytimeorinanymannerrepresentthatConsultantoranyofConsultant’sof?cers,employees,oragentsareinanymannerof?cials,of?cers,employeesoragentsofCity.(c)NeitherConsultant,noranyofConsultant’sofficers,employeesoragents,shallobtainanyrightstoretirement,healthcareoranyotherbene?tswhichmayotherwiseaccruetoCity’semployees.ConsultantexpresslywaivesanyclaimContractormayhavetoanysuchrights.SECTION9.STANDARDorPERFORMANCE.Consultantrepresentsandwarrantsthatithasthequalifications,experienceandfacilitiesnecessarytoproperlyperformtheServicesrequiredunderthisAgreementinathorough,competentandprofessionalmanner.Consultantshallatalltimesfaith?illy,competentlyandtothebestofitsability,experienceandtalent,performallServices.InmeetingitsobligationsunderthisAgreement,Consultantshallemploy,ataminimum,generallyacceptedstandardsandpracticesutilizedbypersonsengagedinprovidingservicessimilartotheServicesrequiredofConsultantunderthisAgreement,andshallusesuchskill,prudence,anddiligenceasothermembersofConsultant’sprofessioncommonlypossessandexercise.InadditiontothegeneralIND-PSArev2022l2l4Page|5
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 304 of 968 standardsofperformancesetforththissection,additionalspecificstandardsofperformanceandperformancecriteriamaybesetforthinExhibit“A”“ScopeofServices”thatshallalsobeapplicabletoConsultant’sworkunderthisAgreement.Wherethereisaconflictbetweenageneralandaspecificstandardofperfonnanceorperformancecriteria,thespeci?cstandardorcriteriashallprevailoverthegeneral.SECTION10.COMPLIANCEWITHAPPLICABLELAWS;PERMITSANDLICENSES.Consultantshallkeepitselfinformedofandcomplywithallapplicablefederal,stateandlocallaws,statutes,codes,ordinances,regulationsandrulesineffectduringthetermofthisAgreement.Consultantshallatalltimesobserveandcomplywithallsuchlaws,ordinancesandregulations,andshallbesolelyresponsibleforanyfailuretocomplywithallapplicablelaws,ordinancesandregulations.ConsultantrepresentsandwarrantsthatConsultanthasobtainedorshallpromptlyobtainallnecessarylicensestoperformtheServicessetforthinthisAgreementandthatsuchlicensesareingoodstanding.Consultantfurtherrepresentsandwarrantsthattheservicesprovidedhereinshallconformtoallordinances,policiesandpracticesoftheCity.NeitherCity,noranyelectedorappointedboards,of?cers,officials,employeesoragentsofCity,shallbeliable,atlaworinequity,asaresultofanyfailureofConsultanttocomplywiththissection.SECTION11.PREV AILINGW AGELAws.(a)ConsultantisawareoftherequirementsofCaliforniaLaborCodeSection1720,etseq.,and1770,etseq.,aswellasCaliforniaCodeofRegulations,Title8,Section16000,etseq.,(“PrevailingWageLaws”),whichrequirethepaymentofprevailingwageratesandtheperformanceofotherrequirementsoncertain“publicworks”and“maintenance”projects.Totheextentapplicable,Consultantshalldefend,indemnify,andholdtheCity,itselectedofficials,of?cers,employees,andagentsfreeandharmlessformanyclaimorliabilityarisingoutofanyfailureorallegedfailureofConsultanttocomplywiththePrevailingWageLaws.(b)ItistheunderstandingofCityandConsultantthatPrevailingWageLawsdonotapplytothisAgreementbecausetheAgreementdoesnotinvolveanyofthefollowingservicessubjecttoprevailingwageratespursuanttotheCaliforniaLaborCodeorregulationspromulgatedthereunder:Construction,alteration,demolition,installation,orrepairworkperformedonpublicbuildings,facilities,streetsorsewersdoneundercontractandpaidforinwholeorinpartoutofpublicfunds.Inthiscontext,“construction"includesworkperformedduringthedesignandpreconstructionphasesofconstructionincluding,butnotlimitedto,inspectionandlandsurveyingwork.SECTION12.NONDISCRIMINATION.Consultantshallnotdiscriminate,inanyway,againstanypersononthebasisofrace,color,religiouscreed,nationalorigin,ancestry,sex,age,physicalhandicap,medicalconditionormaritalstatusinconnectionwithorrelatedtotheperformanceofthisAgreement.
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 305 of 968 SECTION13.UNAUTHORIZEDALIENS.ConsultantherebypromisesandagreestocomplywithalloftheprovisionsoftheFederalImmigrationandNationalityAct,8U.S.C.A.§§1101,e_t_s_eq.,asamended,andinconnectiontherewith,shallnotemployunauthorizedaliensasdefinedtherein.ShouldConsultantsoemploysuchunauthorizedaliensfortheperformanceoftheServices,andshouldtheanyliabilityorsanctionsbeimposedagainstCityforsuchuseofunauthorizedaliens,ConsultantherebyagreestoandshallreimburseCityforthecostofallsuchliabilitiesorsanctionsimposed,togetherwithanyandallcosts,includingattomeys'fees,incurredbyCity.SECTION14.CONFLICTSOFINTEREST.Consultantcovenantsthatneitherit,noranyofficerorprincipalofitsfirm,hasorshallacquireanyinterest,directlyorindirectly,whichwouldcon?ictinanymannerwiththeinterestsofCityorwhichwouldinanywayhinderConsultant’SperformanceoftheServices.ConsultantfurthercovenantsthatintheperformanceofthisAgreement,nopersonhavinganysuchinterestshallbeemployedbyitasanofficer,employee,agentorsubcontractorwithouttheexpresswrittenconsentoftheCityManager.Consultantagreestoatalltimesavoidcon?ictsofinterestortheappearanceofanyconflictsofinterestwiththeinterestsofCityintheperformanceofthisAgreement.CityunderstandsandacknowledgesthatConsultantis,asofthedateofexecutionofthisAgreement,independentlyinvolvedintheperformanceofnon-relatedservicesforothergovernmentalagenciesandprivateparties.ConsultantisunawareofanystatedpositionofCityrelativetosuchprojects.AnyfuturepositionofCityonsuchprojectsShallnotbeconsideredacon?ictofinterestforpurposesofthissection.CityunderstandsandacknowledgesthatConsultantwill,performnon-relatedservicesforothergovernmentalagenciesandprivatepartiesfollowingthecompletionoftheServicesunderthisAgreement.Anysuch?xtureserviceshallnotbeconsideredacon?ictofinterestforpurposesofthissection.SECTION15.CONFIDENTIALINFORMATION;RELEASEOFINFORMATION.(a)AllinformationgainedorworkproductproducedbyConsultantinperformanceofthisAgreementshallbeconsideredcon?dential,unlesssuchinformationisinthepublicdomainoralreadyknowntoConsultant.ConsultantshallnotreleaseordiscloseanysuchinfonnationorworkproducttopersonsorentitiesotherthanCitywithoutpriorwrittenauthorization?-omtheCityManager,exceptasmayberequiredbylaw.(b)Consultant,itsofficers,employees,agentsorsubconsultants,shallnot,withoutpriorwrittenauthorizationfromtheCityManagerorunlessrequestedbytheCityAttorneyofCity,voluntarilyprovidedeclarations,lettersofsupport,testimonyatdepositions,responsetointerrogatoriesorotherinformationconcerningtheworkperformedunderthisAgreement.Responsetoasubpoenaorcourtordershallnotbeconsidered"voluntary"providedConsultantgivesCitynoticeofsuchcourtorderorsubpoena.IND-PSArev20221214PageI7
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 306 of 968 (c)IfConsultant,oranyof?cer,employee,agentorsubconsultantofConsultant,providesanyinformationorworkproductinviolationofthisAgreement,thenCityshallhavetherighttoreimbursementandindemnityfromConsultantforanydamages,costsandfees,includingattomey’sfees,causedbyorincurredasaresultofConsultant’sconduct.(d)ConsultantshallpromptlynotifyCityshouldConsultant,itsof?cers,employees,agentsorsubconsultantsbeservedwithanysummons,complaint,subpoena,noticeofdeposition,requestfordocuments,interrogatories,requestforadmissionsorotherdiscoveryrequest,courtorderorsubpoenafromanypartyregardingthisAgreementandtheworkperformedthereunder.Cityretainstheright,buthasnoobligation,torepresentConsultantorbepresentatanydeposition,hearingorsimilarproceeding.Consultantagreestocooperate?illywithCityandtoprovideCitywiththeopportunitytoreviewanyresponsetodiscoveryrequestsprovidedbyConsultant.However,thisrighttoreviewanysuchresponsedoesnotimplyormeantherightbyCitytocontrol,direct,orrewritesaidresponse.SECTION16.INDEMNIFICATION.(a)INDEMNIFICATIONBYCONSULTANT.Tothefullestextentpermittedbylaw,Consultantshallindemnify,protect,defend(withlegalcounselreasonablyacceptabletoCity)andholdharmlessCityandanyandallofitselectedandappointedof?cials,of?cers,employees,representativesandagents(“Indemni?edParties”)fromandagainstanyandallclaims,actionsandproceedings(whetheratlaworequity,administrativeorjudicial),demands,orders,judgments,losses,injuries(including,withoutlimitation,injurytoordeathofanemployeeofConsultantorsubconsultants),liabilitiesofeverykind(including,withoutlimitation,incidentalandconsequentialdamages,courtcosts,andlitigationexpenses,andfeesofexpertconsultantsorexpertwitnessesincurredinconnectiontherewithandcostofinvestigation),damages,costsandexpenses,includingattorney’sfeesandcosts,(collectively"Claims")thatariseoutof,pertainto,orrelateto,directlyorindirectly,inwholeorinpart,anygoodsprovidedorperformanceofServicesbyConsultant,itsof?cers,agents,employees,representatives,subconsultants,anyonedirectlyorindirectlyemployedbyanyofthem,oranyonethattheycontrol.Consultant’sdutytoindemnify,protect,defendandholdharmlessIndemni?edParties,shallnotincludeanyClaimsarisingfromthesolenegligenceorwillfulmisconductoftheIndemni?edParties.Notwithstandingtheforegoing,withrespecttoanyprofessionalliabilityclaimorlawsuit,thisindemnitydoesnotincludeprovidingtheprimarydefenseofIndemni?edParties,provided,however,ConsultantshallberesponsibleforIndemni?edParties’defensecoststotheextentsuchcostsareincurredasaresultofConsultant’snegligence,recklessnessorwillfulmisconduct.(b)INDEMNIFICATIONFROMSUB-CONSULTANTS.Consultantagreestoobtainexecutedindemnityagreementswithprovisionsidenticaltothosesetforthhereinthissectionfromeachandeverysubconsultant,subcontractororanyotherpersonorentityinvolvedby,for,withoronbehalfofConsultantintheperformanceofthisAgreementnamingtheIndemni?edPartiesasadditionalindemnitees.IntheeventConsultantfailstoobtainsuchIND-PSArev2022l2l4Page|8
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 307 of 968 indemnityobligationsfromothersasrequiredhere,Consultantagreestobefullyresponsibleaccordingtothetermsofthissection.FailureofCitytomonitorcompliancewiththeserequirementsimposesnoadditionalobligationsonCityandwillinnowayactasawaiverOfanyrightshereunder.ThisobligationtoindemnifyanddefendCityassetforthhereinisbindingonthesuccessors,assignsorheirsofConsultantandshallsurvivetheterminationofthisAgreementandthissection.SECTION17.INSURANCE.ConsultantagreestoobtainandmaintaininfullforceandeffectduringtheTermofthisAgreementtheinsurancepoliciessetforthinAddendum“l”“Insurance”andmadeapartofthisAgreement.AllinsurancepoliciesshallbesubjecttoapprovalbyCityastoformandcontent.TheserequirementsaresubjecttoamendmentorwaiverifsoapprovedinwritingbytheCityManager.ConsultantagreestoprovideCitywithcopiesofrequiredpoliciesuponrequest.SECTION18.ASSIGNMENT.TheexpertiseandexperienceofConsultantarematerialconsiderationsforthisAgreement.Cityhasaninterestinthequalificationsandcapabilityofthepersonsandentitieswhowillful?llthedutiesandobligationsimposeduponConsultantunderthisAgreement.Inrecognitionofthatinterest,ConsultantshallnotassignortransferthisAgreementoranyportionofthisAgreementortheperformanceofanyofConsultant’sdutiesorobligationsunderthisAgreementwithoutthepriorwrittenconsentoftheCity,whichmaybegiveninthesoleandabsolutediscretionoftheCityManager.Anyattemptedassignmentshallbeineffective,nullandvoid,andshallconstituteamaterialbreachOfthisAgreemententitlingCitytoanyandallremediesatlaworinequity,includingterminationofthisAgreementpursuanttoSection20“TerminationofAgreement.”Cityacknowledges,however,thatConsultant,intheperfonnanceofitsdutiespursuanttothisAgreement,mayutilizesubconsultants.IfintheperformanceofitsdutiesConsultantutilizessubconsultantsorsubcontractors,Consultantcovenantsthatsubcontracts,ifany,shallcontainaprovisionmakingsubconsultantsorsubcontractorssubjecttoallprovisionsstipulatedinthisAgreement,includingwithoutlimitation,theinsuranceobligationssetforthinSectionI7“Insurance.”TheConsultantacknowledgesandagreesthattheCityisanintendedbene?ciaryofanyworkperformedbyanysubconsultantOrsubcontractorforpurposesofestablishingadutyofcarebetweenanysubconsultantOrsubcontractorandtheCity.SECTION19.CONTINUITYOFPERSONNEL.ConsultantshallmakeeveryreasonableefforttomaintainthestabilityandcontinuityofConsultant’sstaffandsubcontractors/subconsultants,ifany,assignedtoperformtheServices.ConsultantshallnotifyCityofanychangesinConsultant’sstaffandsubcontractors/subconsultants,ifany,assignedtoperformtheServicespriortoandduringanysuchperformance.SECTION20.TERMINATIONOFAGREEMENT.
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 308 of 968 (a)CitymayterminatethisAgreement,withorwithoutcause,atanytimebygivingwrittennoticeofterminationtoConsultant.Intheeventsuchnoticeisgiven,Consultantshallceaseimmediatelyallworkinprogress.(b)ConsultantmaytenninatethisAgreementforcauseatanytimeuponthirty(30)dayswrittennoticeofterminationtoCity.(c)IfeitherConsultantorCityfailtoperformanymaterialobligationunderthisAgreement,then,inadditiontoanyotherremedies,eitherConsultant,orCitymayterminatethisAgreementimmediatelyuponwrittennotice.(d)UpontenninationofthisAgreementbyeitherConsultantorCity,allpropertybelongingexclusivelytoCitywhichisinConsultant’spossessionshallbereturnedtoCity.ConsultantshallfurnishtoCitya?nalinvoiceforworkperformedandexpensesincurredbyConsultant,preparedassetforthinSection4“CompensationandMethodofPayment”ofthisAgreement.This?nalinvoiceshallbereviewedandpaidinthesamemannerassetforthinSection4“CompensationandMethodofPayment”ofthisAgreement.(e)Uponwrittennotice,CitymaysuspendalloranyportionofConsultant’sperformanceunderthisAgreementatitssoleoptionandforitsconvenienceforareasonableperiodoftimenottoexceedsix(6)months.CitywillpaytoConsultantasumequivalenttothereasonablevalueoftheservicessatisfactorilyprovideduptothedateofsuspension.Citymayrescindthesuspensionpriortooratsix(6)monthsbyprovidingConsultantwithwrittennoticeoftherescission,atwhichtimeConsultantwouldberequiredtoresumeperformanceincompliancewiththetermsandprovisionsofthisAgreement.ConsultantwillbeentitledtoanextensionoftimetocompleteperformanceunderthisAgreementequaltothelengthofthesuspensionunlessotherwiseagreedtoinwritingbytheParties.SECTION21.DEFAULT.IntheeventthatConsultantisindefaultunderthetennsofthisAgreement,theCityshallnothaveanyobligationordutytocontinuecompensatingConsultantforanyworkperformedafterthedateofdefault.Instead,theCitymaygivenoticetoConsultantofthedefaultandthereasonsforthedefault.ThenoticeshallincludethetimeframeinwhichConsultantmaycurethedefault.Thistimeframeispresumptivelythirty(30)days,butmaybeextendedorreduced,ifcircumstanceswarrant.DuringtheperiodoftimethatConsultantisindefault,theCityshallholdallinvoicesandshall,whenthedefaultiscured,proceedwithpaymentontheinvoices.Inthealternative,theCitymay,initssolediscretion,electtopaysomeoralloftheoutstandinginvoicesduringtheperiodofdefault.IfConsultantdoesnotcurethedefault,theCitymaytakenecessarystepstoterminatethisAgreementunderSection20“TerminationofAgreement.”AnyfailureonthepartoftheCitytogivenoticeoftheConsultant’sdefaultshallnotbedeemedtoresultinawaiveroftheCity’slegalrightsoranyrightsarisingoutofanyprovisionofthisAgreement.SECTION22.EXCUSABLEDELAYS.
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 309 of 968 Consultantshallnotbeliablefordamages,includingliquidateddamages,ifany,causedbydelayinperformanceorfailuretoperformduetocausesbeyondthecontrolofConsultant.Suchcausesinclude,butarenotlimitedto,actsofGod,actsofthepublicenemy,actsoffederal,stateorlocalgovernments,actsofCity,courtorders,?res,?oods,epidemics,strikes,embargoes,andunusuallysevereweather.ThetennandpriceofthisAgreementshallbeequitablyadjustedforanydelaysduetosuchcauses.SECTION23.COOPERATIONBYCITY .Allpublicinformation,data,reports,records,andmapsasareexistingandavailabletoCityaspublicrecords,andwhicharenecessaryforcarryingouttheServicesshallbefurnishedtoConsultantineveryreasonablewaytofacilitate,withoutunduedelay,theServicestobeperformedunderthisAgreement.SECTION24.NOTICES.AllnoticesrequiredorpermittedtobegivenunderthisAgreementshallbeinwritingandshallbepersonallydelivered,orsentbytelecopierorcerti?edmail,postageprepaidandreturnreceiptrequested,addressedasfollows:ToCity: CityoflndioAttn:CityManager100CivicCenterMallIndio,CA92201ToConsultant:DudekAttn:LegalDepartment605ThirdStreetEncinitas,CA92024Noticeshallbedeemedeffectiveonthedatepersonallydeliveredortransmittedbyfacsimileor,ifmailed,three(3)daysa?erdepositofthesameinthecustodyoftheUnitedStatesPostalService.SECTION25.AUTHORITYToEXECUTE.ThepersonorpersonsexecutingthisAgreementonbehalfofConsultantrepresentsandwarrantsthathe/she/theyhas/havetheauthoritytosoexecutethisAgreementandtobindConsultanttotheperformanceofitsobligationshereunder.SECTION26.ADMINISTRATIONANDIMPLEMENTATION.
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 310 of 968 ThisAgreementshallbeadministeredandexecutedbytheCityManagerorhisorherdesignatedrepresentative.TheCityManagershallhavetheauthoritytoissueinterpretationsandtomakeamendmentstothisAgreement,includingamendmentsthatcommitadditionalfunds,consistentwithSection28“Amendment”andtheCityManager’scontractingauthorityunderthelndioMunicipalCode.SECTION27.BINDINGEFFECT.ThisAgreementshallbebindingupontheheirs,executors,administrators,successorsandassignsoftheParties.SECTION28.AMENDMENT.NoamendmenttoormodificationofthisAgreementshallbevalidunlessmadeinwritingandapprovedbyConsultantandbyCity.TheCityManagershallhavetheauthoritytoapproveanyamendmenttothisAgreementifthetotalcompensationunderthisAgreement,asamended,wouldnotexceedtheCityManager’scontractingauthorityunderthelndioMunicipalCode.AllotheramendmentsshallbeapprovedbytheCityCouncil.ThePartiesagreethattherequirementforwrittenmodi?cationscannotbewaivedandthatanyattemptedwaivershallbevoid.ISECTION29.W AIVER.WaiverbyanyPartytothisAgreementofanyterm,condition,orcovenantofthisAgreementshallnotconstituteawaiverofanyotherterm,condition,orcovenant.WaiverbyanyPartyofanybreachoftheprovisionsofthisAgreementshallnotconstituteawaiverofanyotherprovisionnorawaiverofanysubsequentbreachorviolationofanyprovisionofthisAgreement.AcceptancebyCityofanyworkorservicesbyConsultantshallnotconstituteawaiverofanyoftheprovisionsofthisAgreement.SECTION30.LAWTOGOVERN;VENUE.ThisAgreementshallbeinterpreted,construedandgovernedaccordingtothelawsoftheStateofCalifornia.IntheeventoflitigationbetweentheParties,venueinstatetrialcourtsshalllieexclusivelyintheCountyofRiverside,California.lntheeventoflitigationinaU.S.DistrictCourt,venueshalllieexclusivelyintheCentralDistrictofCalifornia,inRiverside.SECTION31.ATTORNEv’sFEES,COsTsANDEXPENSES.IntheeventlitigationorotherproceedingisrequiredtoenforceorinterpretanyprovisionofthisAgreement,theprevailingPartyinsuchlitigationorotherproceedingshallbeentitledtoanawardofreasonableattorney'sfees,costsandexpenses,inadditiontoanyotherrelieftowhichitmaybeentitled.SECTION32.ENTIREAGREEMENT.ThisAgreement,includingtheattachedExhibitsandAddendums,alongwithanyamendmentsthereto,istheentire,complete,finalandexclusiveexpressionofthePartieswithrespecttothemattersaddressedthereinandsupersedesallotheragreementsorunderstandings,whetheroralOrwritten,orenteredintobetweenConsultantandCitypriortotheexecutionofthisIND-PSArev20221214PageI12
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 311 of 968 Agreement.Nostatements,representationsorotheragreements,whetheroralorwritten,madebyanyPartywhicharenotembodiedhereinshallbevalidandbinding.SECTION33.SEVERABILITY .Ifanyterm,conditionorcovenantofthisAgreementisdeclaredordeterminedbyanycourtofcompetentjurisdictiontobeinvalid,voidorunenforceable,theremainingprovisionsofthisAgreementshallnotbeaffectedtherebyandtheAgreementshallbereadandconstruedwithouttheinvalid,voidorunenforceableprovision(s).SECTION34.INCORPORATIONANDCONFLICTINGTERMS.(a)ThefollowingdocumentsareincorporatedandmadepartofthisAgreementbythisreference:l.Insurancerequirements(“Addenduml”)AllExhibitsandAddendumsAllamendmentsConsultant’sproposal,ifany ':":“E"!"
Anylaws,regulations,requirements,Orrestrictions,applicabletothefundingsourceusedbyCitytopayConsultantforanyportionofworkdoneunderAgreement(“FundingRestrictions”)(b)Thedocumentslistedaboveshallbereferredtocollectivelyasthe“AgreementDocuments.”TheAgreementDocumentsareintendedtobecomplementary,andarequirementinoneDocumentiseffectiveasifitappearedinalltheDocuments.IntheeventofaconflictbetweenanyoftheAgreementDocuments,theDocumentsshallbegiveneffectinthefollowingorder:FundingRestrictions,Amendments(mostrecentfirst),thisAgreement,Insurancerequirements,ExhibitsandAddendums,andConsultant’sproposal.WheretherequirementsofoneDocumentaremorestringentthenanotherthemorestringentshallgovern.SECTION35.TIMEOFESSENCE.TimeisoftheessenceforeachandeveryprovisionofthisAgreement.SECTION36.FEDERALFUNDS.IntheeventtheServicesarefundedeitherinwholeorinpartbyafederalgrant,ConsultantshallcomplywiththerequirementsofAddendum“2”“FederalFunds.”[SIGNATUREPAGEFOLLOWS] IND-PSArev202212l4Page|13
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Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 312 of 968 PROFESSIONALCONSULTANTSERVICESAGREEMENTFORIMPLEMENTATIONOFTHESIXTHCYCLEHOUSINGELEMENTBETWEENTHECITYOFINDIOANDDudekINWITNESSWHEREOF,thePartiesheretohaveexecutedthisAgreementonthedateandyear?rst-abovewritten.CITYOFINDIO BryanH.MontgomeryCityManagerATTEST:CITYCLERK
By:SabdiSanchez,CMCCityClerkAdministratorAPPROVEDASTOFORM:CITYATTORNEY By: CONSULTANT
By:JosephMonacoIts:PresidentandCEO
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EXHIBITA
CoverLetter
June30,2023
KevinSnyderCommunityDevelopmentDepartmentCityoflndio
Subject:CityoflndioHousingElementImplementationPhaseII
DearMr.Snyder
DudekisexcitedfortheopportunitytocontinueourworkwiththeCityoflndioonthe6"‘CycleHousingElementthroughimplementationof com-ACTtheshort—termhousingprograms.TheDudekteamrecognizesthehousingchallengesthatresidentsoflndiofaceandunderstandthe ' ErikaV3”Slckelcomplexityofsolutionsthatareneededtoimplementmeaningful 6053rdStreetchange.AstheCity’sprimaryconsultantthroughtheupdatetothe Encmitas‘C8,,-,co,,,,-a92024HousingElement,wearecommittedtotheimplementationoftheplan T:619.6957721andinhelpingtheCityachievetheirhousingneedsinamannerthatfacilitateshousingproductionwhilebolsteringexistinghouseholds.The ' E:eVa”Si°ke’@d“dek‘°°m DudekteamprovidestheCityoflndiowiththefollowingstrengthsandadvantages:
In-DepthHousingPolicyandImplementationExperience.TheDudekteamhasworkedwithagenciesacrossthestatetodevelopandimplementhousingpoliciesandprogramsthataddresshousingneedswhilemeetingstaterequirements.Ourteamhasexperiencedevelopingcomplementaryprohousingstrategiesthroughourworkonmultiple6thCyclehousingelementupdatesandassociatedimplementationprograms.ThroughourexperienceinHousingElementimplementation,ourteamhasupdatedordinances,regulations,andimplementednewprogramstoaddresshousingneeds.
ExtensivelndioExperience.DudekhasworkedwiththeCityoflndioonamultitudeofprojects,includingthe6"‘CycleHousingElementUpdate,theTransformativeClimateCommunitiesPlanandrelatedimplementationsupport,andtheProhousingStrategiesPlan,providingourteamwithawealthofinstitutionalknowledgeandstrongworkingrelationshipswithCitystaff.Astheprimaryconsultantonthe6"‘CycleHousingElementUpdateteam,Dudekhasin-depthknowledgeofthestepsneededtoachieveimplementationoftheprogramsandobjectivesidentifiedintheHousingElement.
Sincerely,
(3564V4,»Saééai
ErikaVanSickel
HousingElementImplementationOn-CallServices
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SECTIONS
CoverLetter....................................................................................................................................................................... ..iTableofContents............................................................................................................................................................. ..iiScopeofServices................................................................ .,1 ProjectUnderstanding................................................. ..1Task1:ProjectManagement&Administration..........................................................................................................1Task2:On—CalIHousingElementimplementationAssistance..................................................................................1Program1Accessibility................................................................................................................................................1Program7By»RightDevelopment................................................................................................................................2Program9DensityBonus........................................................................................................................................... ..2Program11DevelopmentPermitStreamlining..........................................................................................................3Program15ExternalFundingopportunities.... ...................................................... ..3Program21LocalHousingTrustFund............................................ 4Program24NoNetLoss..............................................................................................................................................4Program28ReasonableAccomodationsProcedure..................................................................................................4Program29ReducedParkingRequirements.............................................................................................................5
APPENDICES
AppendixA— Budget.........................................................................................................................................................A—1 HousingElementImplementationOn-CallServices ii
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INTENTIONALLYLEFTBLANK
HousingElementImplementationOn-CaliServices Iii
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ProjectUnderstandingBasedonourknowledgeoftheadoptedHousingElement,andcurrentHousingElementimplementationworkwiththeCity,Dudekhasin-depthunderstandingofthesubsequentstepsthatneedtobetakenfortimelyHousingElementimplementation.DudekispreparedtoworkincoordinationwiththeCitytoassistinmeetingmeasurableobjectives,asidentifiedintheHousingElement.OurteamhasworkedtoidentifyprogramsoftheHousingElementwithtimelinesin2023-2024.WeanticipatethattheimplementationoftheHousingElementwillbeaniterativeprocessandourteamwillworkcollaborativelywithCitystafftofulfillthescopeofservices.ImplementationofsuchprogramswillassisttheCityinmeetingtheobjectivesandoverarchinggoalsoftheHousingElement,whiledemonstratingitscontinuedsupportforhousingtotheState.
Task1:ProjectManagement&Administration
Dudek'sprojectmanagerwilloverseetheday-to—dayprojectmanagementtaskssothatthisprojectstaysonscheduleandwithinbudgetandserveastheprimarypointofcontact.DudekwillconductaprojectkickoffmeetingfollowingtheNoticetoProceedwithclientstaff.inadditiontoestablishingroles,responsibilities,andcommunicationprotocols,thekickoffmeetingwillservethepurposeto:- Confirmprojectexpectationsandgoals;and- Discussthescopeofwork,deliverables,schedule,andmilestones.Followingthekickoffmeeting,theDudekteamwillfacilitatemonthlyvirtualmeetingstoreviewworkconducted,planforupcomingtasksandmilestones,andensurethattheprojectremainsontimeandwithinbudget.Dudekanticipatesatotalof16onehourmonthlymeetings.AnymeetingsthereaftercanbeofferedatDudekstaff'shourlyrateofcompensation,asneeded.
Task1Dellverables- One(1)kickoffmeeting,facilitation,andmeetingminutes.- Criticalpathscheduleidentifyingresponsiblestaff.
I Upto16one—hourmonthlyteammeetings.
Task2:On—Ca||HousingElementImplementationAssistance
DudekhasidentifiednineprogramsoftheCity'sHousingElementthattheDudekteamcanassisttheCitywithobjectivesthattargetimplementationwithinthe2023-2024fiscalyear.Belowisaprogram—by-programbreakdownoftheworkDudekcanprovidewithintheallocatedbudget.Dudekanticipatestheworkwillbeconductedoverthecourseof12monthsfollowingtheNoticetoProceed.
PROGRAM1ACCESSIBILITYTheDudekteamwillassisttheCitywiththeimplementationofProgram1oftheHousingElementwhichaimstoincreaseaccessibilityinhousingthroughincentivesandresources.Dudekwilldevelopaprocedureforprovidingincentivesinexchangeforincreasedaccessibilityprovidedinhousing.Incentivesofferedcouldincludeareduction HousingElementImplementationOn-CallServices 1
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indevelopmentstandards,increaseddensityorsquarefootage,orotherregulatoryincentives,asdeterminedwithCitystaff.BasedonfinaldirectionfromtheCity,DudekwillprepareadraftAccessibilityIncentiveProgram,followedbyonefinalAccessibilityIncentiveProgram,eitherthroughanewordinanceortheinclusionofnewincentiveswithinanexistingordinance.Ourteamwillalsodevelopcontenttohelpconnectdevelopersandresidentstoaccessibilityresources,suchasachecklistofuniversaldesignfeaturesthatcanbemadedigitallyavailableontheCity'shousingresourceswebpage.Inaddition,Dudekwillassistinthepreparationofexhibits,includingstaffreportreview,foronepresentationtoCityCouncil,andattendonevirtualpublicmeetingorhearing,asneeded.
Program1Dellvarables
I One(1)DraftAccessibilityIncentiveProgram.
I One(1)FinalAccessibilityIncentiveProgram.
I One(1)ChecklistofAccessibilityFeatures,orsimilarresource.
I Dudekstaffwillprovidesupportforone(1)CityCouncilmeetingorhearing(includingstaffreportreview,presentationmaterials,andvirtualattendanceandfacilitation,asrequested).Program1Assumptions I Dudekassumesrevisionsandcommentsondraftswillbeconsolidatedandwillincludeuptotwo(2)roundsofreviewandminorrevisions.
PROGRAM7BY-RIGHTDEVELOPMENT
TheDudekteamwillassisttheCityintheimplementationofProgram7bydevelopingtechnicalassistancepertainingtolegislativerequirementsforsitesidentifiedintheCity'ssitesinventorythatqualifyforby~rightdevelopment.ThiswillincludeaninteractivemapofqualifyingsitesthatmaybeusedbyCitystafforinteresteddevelopersandpropertyowners.OurteamwilldevelopadatabasetobeintegratedintotheCity'sexistinginteractivemappingplatform.
Program1Dellverables
I One(1)databaseandgeospatialfile,includingqualifyingsitesidentifiedinpreviousHousingElementspursuanttoGovernmentCodeSection65583.2(i).
PROGRAM9DENSITYBONUS
InaccordancewithProgram9oftheHousingElement,theCity'scurrentDensityBonusordinanceneedstobeupdatedforconsistencywiththelatestStatelegislativerequirements.Dudekwillprepareastrikeout/underlineversionoftheDensityBonusordinancebasedonthediagnosticofrecommendedchangespreparedduringPhaseIoftheimplementationworkincoordinationwithCitystaff.Dudekwillalsoassistinthepreparationofexhibitsandmaterials,includingstaffreportreview,asneededforonevirtualCityCouncilhearing.
Program9Dellverables
I Strikeout/UnderlineofDensityBonusordinance.
I CityCouncilhearingsupportthroughpreparationofexhibits,includingstaffreportreview,forone(1)publichearing,ormeeting.Program9Assumptlons I Dudekassumesupto(1)roundofreviewandminorrevisionsbasedononesetofconsolidatedcommentsreceivedfromtheCity.
HousingElementImplementationOn-CallServices 2
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PROGRAM11DEVELOPMENTPERMITSTREAMLINING
Program11oftheHousingElementaimstoincreaseawarenessofexistinghousingdevelopmentopportunitiesintheCityandfacilitatedevelopmentthroughregulatoryandfinancialincentives.TheDudekteamwilldevelopavisualdatabasethatisreadilyintegratedasageospatialfileintotheCity'sonlinemappingplatformtoassisthousingdevelopersandpropertyownersinidentifyingkeyhousingopportunities.ThedatabasewillbeaccessiblethroughaninteractivemapthatwillprovideinformationavailableforhousingdevelopmentopportunitiesbyhighlightingsitesfromtheSitesinventoryandkeysitesidentifiedforlotconsolidationopportunities.
TheDudekteamwillalsodevelopadraftmemoidentifyinglotconsolidationincentivebestpracticesandproposetwotothreealternativelotconsolidationincentiveprograms.IncollaborationwiththeCity,theDudekteamwillnarrowdownapreferredalternativeandprovideafinalmemodetailingthepreferredincentiveprogramandkeystepsneededfortheCitytoimplementtheprogram.
Program1.1.Dellverables
I One(1)databaseandgeospatialfileofopportunityhousingsitesintheCity,includingsitesidentifiedintheSitesInventoryandkeysitesidentifiedforlotconsolidationopportunities.
I One(1)draftmemowithuptothree(3)alternativesforaLotConsolidationincentiveProgram.
I One(1)finalmemodetailingthepreferredLotConsolidationincentiveProgramandkeynextstepsforfinaladoptionandimplementationbytheCity.
PROGRAM15EXTERNALFUNDINGOPPORTUNITIES
Program15oftheHousingElementrecognizeshowfundingsourcesfromStateandFederalprogramsplayacriticalroleinsupportinghousingdevelopment.Theprogram'sobjectivesaimtosecureoutsidefundingthatmaybeusedforhousingintheCity.TheprogramalsoaimstosupportandadoptpoliciesandprogramsthatpositiontheCityasacompetitiveapplicantforfundingopportunities,suchascompetitiveStatefundinggrantprogramsintheareasofhousing,transportation,infrastructure,andlanduse.Assuch,DudekiscurrentlyassistingtheCitywiththeinitialstagesoftheProhousingDesignationProgramapplicationwhichcanprovideincreasedaccesstothoseStatefundinggrantprograms.TofurthersupporttheCitywiththefullimplementationofthisprogram,theDudekteamwilloverseesubmissionoftheState'sProhousingDesignationProgram’sapplication,inclusiveofrequiredsupportingdocumentationincoordinationwithCitystaff.ThismayincludepreparationofsupportingmapsorothervisualcontentasrequiredbytheDepartmentofHousingandCommunityDevelopment(HCD).DudekwillpackagealldocumentsandsubmitthecompleteddigitalapplicationonbehalfoftheCitytoHCD.HCD's60-dayapplicationreviewprocessisiterativeandreliesonthecontextandneedsofeachjurisdiction.DudekwillworkcloselywithHCDandCitystafftoincorporateuptotwo(2)roundsofrevisionstotheapplicationduringthe6(}dayreviewperiod.DudekassumesrevisionstotheapplicationwillonlybemadeindirectresponsetocommentsreceivedbyHCD.
Program15Dellverables
I One(1)electroniccopyofthecompletedandself—scoredProhousingDesignationProgramapplicationsenttoHCD.
I Uptotwo(2)one-hourmeetingswithHCDstaffandCitystafffollowingsubmissionoftheapplicationtoHCD.Program15Assumptions I Uptotwo(2)roundsofreviewandrevisionstotheapplicationwithinHCD’s60-dayreviewperiodindirectresponsetocommentsreceivedbyHCD.Anycommentsreceivedbyotherparties,oroutsideofHCD's60»dayreviewwillbeaddressedbyCitystaff.
HousingElementImplementation0n—CalIServices 3
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PROGRAM21LOCALHOUSINGT STFUND
ThroughProgram21oftheHousingElement.theCityhascommittedtoexploretheestablishmentofaLocalHousingTrustFund.Ahousingtrustisoneapproachtoaddresshousingchallengesrelatedtosupplyandaffordabilityaimedatraisingfundsforaffordablehousingproduction,preservation,andrehabilitation,andsupportforotherhousingprograms.ToimplementthisprogramDudekwilldevelopaWhitePaperonHousingTrustFundsthatwilldetailhousingtruststructures,differentoperationalstructuresthatcouldbeutilizedinestablishingaHousingTrustintheCity,potentialbenefitsandfundingsourcestosupportanewtrust,shortcasestudiesonexistinghousingtrustsinSouthernCalifornia,andrecommendationstailoredtotheCity.
Program21Dellverables- One(1)DraftHousingTrustFundWhitePaper.- One(1)FinalHousingTrustFundWhitePaper.Program21Assumptions- Dudekassumesone(1)roundofconsolidatedcommentsandrevisionstothedraftWhitePaper.andthatrevisionstotheFinalWhitePaperwillbeminorandeditorialinnature.
PROGRAM24NONETLOSS
ThroughProgram24,theCityhascommittedtoamendingCityprocedurestotrackcapacityidentifiedforsitesintheSitesInventorytoensurecompliancewithNo-Net-Losslegislation.ToassistCitystaffandapplicantsinverifyingdevelopmentapplicationsandtrackingno-net—loss,theDudekteamwilldevelopavisualdatabasethatidentifiesthenumberofunitsandaffordabilityassumptionsmadeforindividualsitesidentifiedintheSitesInventory.AspartofPhaseIoftheHousingElementImplementation,DudekispreparinganinternaltrackingsheettobeusedbyCitystaffwhenapprovingdevelopmentprojectsonsitesidentifiedintheSitesInventory;However,tofacilitatetheprocessforCitystaffandstreamlinenonet—losstrackingprocedures,Dudekwilldevelopaninteractive,parcellevelmapthatcanbereadilyintegratedintotheCity'sinteractivemappingplatformforCitystaffandprojectapplicantstousetoverifycapacityofsitesagainstthecapacityidentifiedintheSitesInventory.Projectapplicantswillbeabletousethismappingdatabasetoself~reportthenumberofunitsandaffordabilityproposedintheirprojectsascomparedtothesitesinventorysitesassumptionspriortotheCity’sverificationandfinalinternaltrackingbasedonapprovedpermits.ThismappingdatabasewillbedevelopedincombinationwithimplementationofProgram11,identifyinglotconsolidationopportunities.
Program24Dellverables
I Onedatabaseandgeospatialfilefornonet—losstrackingandintegrationwiththeCity'sinteractivemappingplatform.
PROGRAM28REASONABLEACCOMODATIONSPROCEDUREToimplementProgram28oftheHousingElement,DudekwilldevelopareasonableaccommodationsapplicationaswellasaninformationalbulletintoensurethatprojectapplicantsareawareoftheflexibilityprovidedthroughtheCity'sregulationsforreasonableaccommodationsinSection6.04.07oftheUnifiedDevelopmentCode.ImplementationofProgram28maybeinformedbytheimplementationofProgram1.furtherenhancingopportunitiesforincreasedaccessibilityinhousingdevelopments.
HousingElementImplementationOn-CallServices 4
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Program28Dellverables
I One(1)DraftInformationalbulletinandApplication.
I One(1)FinalInformationalbulletinandApplication.Program28Assumptlons I Dudekassumesrevisionsandcommentsondraftswillbeconsolidatedandminimal.
PROGRAM29REDUCEDPARKINGREQUIREMENTS
Program30ensuresthatappropriateparkingreductionsapplytoanydevelopmentproposalsthatwouldeliminatereligious-useparkingspacesinexchangeforhousingdevelopmentsinaccordancewithStatelaw.DudekwillassisttheCitythroughananalysisofthecurrentlyadoptedUnifiedDevelopmentCodeparkingregulationsrelatedtoreligiousinstitutions,ascompareddirectlytoStaterequirementsdetailedinAssemblyBill1851(2020).Basedontheanalysis,Dudekwillprepareafinalmemoofrecommendedchanges.
Program29Dellverables
I Diagnosticofexistingordinanceandone(1)finalmemoofrecommendedchangesinaccordancewithStatelaw(AssemblyBill1851,2020).
HousingElementImplementationon-CallServices
7 7 H
5
AGENDA ITEM #9.15
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IND—PSArev20221214ExhibitB—CompensationPage]1
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 323 of 968 EXHIBIT“B”CONIPENSATION
IND-PSArev20221214ExhibitB—CompensationPage]1
AGENDA ITEM #9.15
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EXHIBITB
«.< saomemNoNRNE
o? tun §. in :3 «SN «NEEu=_2.to_.=§£8.25.85 22.3%ca.m-_~Nw_.§S.:m 8.§.NNm.23.S. Na o3 m:=.1_£ow8.52.3 N. «N N N. N 3...:3238.8%» NN E N N_ .. $zN§_£ ZNN ..§_.a.__.§.9__._aN..§_§_85.3.8...N:3 an m a 2 «Ngunk_52.___m8.25 NN N N 9 m%s9__8SN§§E5§§§2§§§ E35._§N..3 3 N 2 2 N25_.§.._.m8.oN§ 5 N 2 : E? _8 EN83.2.2. ??mmem8.8%.; 3 3 2 N NN ~— N:_=:s2.__..n.83.5 3 X” 2 N Nm 2 $.§2_8 ENE5...E53.32.33_N._E.e..8.325 3 N 2 NN an N._eE..2___.ms.§.N; 3 N e NN 8 $_§e,_8 _..5..._._..__._.._.§..____.a_._.§_m22.52..8.235 2 N +N ..NN N ..N 2.:_N§...m8.2%; 2 N N ..NN N E $_..eg__3E-EenotEa§._=_8=_.=u.§o_N>Nn3Ease...s.2§N : N 2 2. 22:_N.2e_m8.sN.3 3 N 2 2 $.._£>__a 3—| n_=.amE-?nmE53958.3.3 3 E 2 N.5.22....»8.95.3 3 «N 2 $_..m§_8 E._s__a_i§._.N_z.Nn:._:__eN§_=.§ 3 2 N 5 N.. 2 N._3:N§._._m8.33; 5 2 N 2 N.. 2 $.§2__8 E§§§ N55__o_§..2=2._x_.__=_a._a2..._~fa...3.sN...53 2 E 3 t_::s2.___m8.sN.§ 8 2 «N 8 _._..§§£...Nae._ea&___$:3.6.._._§__.e.§§N..=:32¢EmouNomiEn:
zunan
$59.$25.59
8.33 2=___w§fa: 8.35_9_u_m._N>9.5....mnEaSENE..2mmN::..=.mEummma?s.N25.ScumNN_._m_no:.22.
N32ENE...:...EE558%
mm?xucmm=_a:EN_n._Ewan
NNESSN358NEEgg__32$=o_§=mEu_._E_.=uEN._m525:an...355__HEXco:2:N.Ew_aE_=._mEm_mmanna:
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 325 of 968 ADDENDUM“1”INSURANCE(A)INSURANCEREQUIREMENTS.Consultantshallprovideandmaintaininsurance,acceptabletotheCity,infullforceandeffectthroughoutthetennofthisAgreement,againstclaimsforinjuriestopersonsordamagestopropertywhichmayarise?'omorinconnectionwiththeperformanceoftheServicesbyConsultant,itsagents,representativesoremployees.InsuranceistobeplacedwithinsurerswithacurrentA.M.Best'sratingofnolessthanA:Vll.Consultantshallprovidethefollowingscopeandlimitsofinsurance:I.MINIMUMScopeorINSURANCE.Consultantshallmaintainthefollowingtypesandlimitsofinsurance.2.MINIMUMLIMITSOFINSURANCE.GENERALLIABILITYINSURANCE.ConsultantshallmaintaincommercialgeneralliabilityinsurancewithcoverageatleastasbroadasInsuranceServicesOfficeformCG0001,inanamountnotlessthan$1,000,000peroccurrence,$2,000,000generalaggregate,forbodilyinjury,personalinjury,andpropertydamage.Thepolicymustincludecontractualliabilitythathasnotbeenamended.AnyendorsementrestrictingstandardISO“insuredcontract”languagewillnotbeaccepted.AUTOMOBILELIABILITYINSURANCE.ConsultantshallmaintainautomobileliabilityinsuranceatleastasbroadasInsuranceServicesOf?ceformCA0001coveringbodilyinjuryandpropertydamageforallactivitiesoftheConsultantarisingoutoforinconnectionwithServicestobeperformedunderthisAgreement,includingcoverageforanyowned,hired,non-ownedorrentedvehicles,inanamountnotlessthan$1,000,000combinedsinglelimitforeachaccident.PROFESSIONALLIABILITY(ERRORS&OMISSIONS)INSURANCE.ConsultantshallmaintainprofessionalliabilityinsurancethatcoverstheServicestobeperformedinconnectionwiththisAgreement,intheminimumamountof$1,000,000perclaimandintheaggregate.Anypolicyinceptiondate,continuitydate,orretroactivedatemustbebeforetheeffectivedateofthisAgreementandConsultantagreestomaintaincontinuouscoveragethroughaperiodnolessthanthree(3)yearsa?ercompletionoftheservicesrequiredbythisAgreement.WORKERS’COMPENSATIONINSURANCE.ConsultantshallmaintainWorkers’CompensationInsurance(StatutoryLimits)andEmployer’sLiabilityInsurance(withlimitsofatleast$1,000,000peraccidentordisease).ConsultantshallsubmittoCity,alongwiththecerti?cateofinsurance,aWaiverofSubrogationendorsementinfavorofCity,itsof?cers,agents,employeesandvolunteers.UMBRELLAORExcESsLIABILITYINSURANCE.[Optionaldependingonlimitsrequired].AsanoptiontomeetthelimitsofinsurancerequiredbythisAgreement,Consultantmayobtainandmaintainanumbrellaorexcessliabilityinsurancepolicywithlimitsthatwillprovidebodilyinjury,personalinjuryandpropertydamageliabilitycoverageatleastasbroadastheprimaryIND-PSArev2022l214Addendum1-InsurancePage|1
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 326 of 968 coveragessetforthabove,includingcommercialgeneralliability,automobileliability,andemployer’sliability.Suchpolicyorpoliciesshallincludethefollowingtermsandconditions:Adrop-downfeaturerequiringthepolicytorespondifanyprimaryinsurancethatwouldotherwisehaveappliedprovestobeuncollectibleinwholeorinpartforanyreason;Payonbehalfofwordingasopposedtoreimbursement;Concurrencyofeffectivedateswithprimarypolicies;Policiesshall“followform”totheunderlyingprimarypolicies;andInsuredsunderprimarypoliciesshallalsobeinsuredsundertheumbrellaorexcesspolicies.(B)OTHERPROVISIONS.EachinsurancepolicyrequiredbythisAgreementshallbeendorsedandstatethecoverageshallnotbesuspended,voided,cancelledbytheinsureroreitherPartytothisAgreement,reducedincoverageorinlimitsexceptafterthirty(30)days‘priorwrittennoticebycerti?edmail,returnreceiptrequested,hasbeengiventoCity.(C)OTHERREQUIREMENTS.ConsultantagreestodepositwithCity,atorbeforetheeffectivedateofthisAgreement,certi?catesofinsurancenecessarytosatisfyCitythattheinsuranceprovisionsofthiscontracthavebeencompliedwith.TheCityAttorneymayrequirethatConsultantfurnishCitywithcopiesoforiginalendorsementseffectingcoveragerequiredbythisSection.Thecerti?catesandendorsementsaretobesignedbyapersonauthorizedbythatinsurertobindcoverageonitsbehalf.Cityreservestherighttoinspectcomplete,certi?edcopiesofallrequiredinsurancepolicies,atanytime.1.
IND-PSArev2022l2l4Addendum1-InsurancePage|2
UponrequestfromtheCity,Consultantshallfurnishcerti?catesandendorsementsfromeachsubcontractoridenticaltothoseConsultantprovides.Anydeductiblesorself-insuredretentionsmustbedeclaredtoandapprovedbyCity.AttheoptionofCity,eithertheinsurershallreduceoreliminatesuchdeductiblesorself-insuredretentionsasrespectsCityoritsrespectiveelectedorappointedof?cers,of?cials,employeesandvolunteersortheConsultantshallprocureabondguaranteeingpaymentoflossesandrelatedinvestigations,claimadministration,defenseexpensesandclaims..TheprocuringofsuchrequiredpolicyorpoliciesofinsuranceshallnotbeconstruedtolimitConsultant’sliabilityhereundernortoful?lltheindemni?cationprovisionsandrequirementsofthisAgreement.CoverageprovidedbyConsultantshallbeprimaryandanyinsuranceorself-insuranceprocuredormaintainedbyCityshallnotberequiredtocontributewithit.Thelimitsofinsurancerequiredhereinmaybesatis?edbyacombinationofprimaryandumbrellaorexcessinsurance.Anyumbrellaorexcessinsuranceshallcontainorbe
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endorsedtocontainaprovisionthatsuchcoverageshallalsoapplyonaprimaryandnon-contributorybasisforthebenefitofCitybeforetheCity’sowninsuranceorself-insuranceshallbecalledupontoprotectitasanamedinsured.AllinsurancecoveragemaintainedorprocuredpursuanttothisagreementshallbeendorsedtowaivesubrogationagainstCity,itselectedorappointedof?cers,agents,officials,employeesandvolunteersorshallspecificallyallowConsultantorothersprovidinginsuranceevidenceincompliancewiththesespecificationstowaivetheirrightofrecoverypriortoaloss.ConsultantherebywaivesitsownrightofrecoveryagainstCity,andshallrequiresimilarwrittenexpresswaiversandinsuranceclauses?'omeachofitssubconsultants.GeneralliabilitypoliciesshallprovideorbeendorsedtoprovidethatCityanditsof?cers,officials,employees,andagents,andvolunteersshallbeadditionalinsuredsundersuchpolicies.Thisprovisionshallalsoapplytoanyexcess/umbrellaliabilitypolicies.
AGENDA ITEM #9.15
Professional Services Agreement with Dudek in the not-to-exceed amount o... Page 328 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Ordinance No. 1796, amending Chapter 32, Sections 32.03 and 32.04 City Commissions, allowing Community Services Commissioners to serve on the Mobile Home Fair Practices Commission and allowing Commissioners to waive the stipend provided by the City pursuant to their appointment RECOMMENDATION:
Waive full reading, read by title only and introduce Ordinance No. 1796, amending Chapter 32, Sections 32.03 and 32.04 City Commissions, allowing Community Services Commissioners to serve on the Mobile Home Fair Practices Commission and allowing Commissioners to waive the stipend provided by the City pursuant to their appointment
SUMMARY:
Occasionally, the municipal code allows for adjustments to fulfill certain responsibilities. Staff is requesting of the City Council to consider the following: (1) amendment to Section 32.03(G) of the Indio Municipal Code regarding commissioner service on more than one commission to satisfy attendance requirements, and (2) amendment to Section 32.04(B) of the Indio Municipal Code regarding Stipend allowing commissioners to waive the stipend provided by the city, if desired.
BACKGROUND INFORMATION:
The Council established four commissions as mandated by State law to conduct the City's business (Ordinance Services Community Commission, Planning are commissions These 1750). No.
Commission, Public Arts Commission and Sustainability Commission. In addition, there are other legislative bodies such as the Mobile Home Fair Practices Commission (MHFPC), which was established by voter initiative in 1984 and the powers of such commission are described in Ordinance No. 892, adopted by ballot measure.
The meets that commission purpose limited a Commission Practices Fair Home Mobile is intermittently as needed to consider (approve or deny) hardship rent increase requests submitted by mobile home park owners (“Landlords”) who want to increase space rents in amounts that are higher than the Mobile Home Rent Control Ordinance (Ordinance) allows per year. The commission also considers petitions for interpretation of the ordinance as may be submitted by Landlords and mobile home park tenants (“Homeowners”) who need an interpretation of the ordinance such as when The increase. rent space proposed a the validity questioning are Homeowners of Commissioners who serve on the commission cannot be current owners, employees or homeowners (renters) of mobile home parks that are subject to the Ordinance.
AGENDA ITEM #10.1
Ordinance No. 1796 , amending Chapter 32, Sections 32.03 and 32.04 City ... Page 329 of 968 Commission membership in the Mobile Home Fair Practices Commission is challenging due to their limited meetings.
Section 32.03(G) of the Indio Municipal Code states that a commissioner may serve on no more than one commission at a time. Staff is asking the City Council to consider amendment of this section and allow dual role for the Community Services commissioners to serve as commissioners for the Mobile Home Fair Practices Commission. This action will permit steady attendance on the Mobile Home Fair Practices Commission when needed. The caveat for this dual role is that the appointed commissioners cannot be owners nor tenants nor landlords, operators or managers of a mobile home.
The second modification to the Commission Ordinance is on Section 32.04(B). Staff is asking Council to consider amendment of this section and allow commissioners to waive the stipend provided by the city if they so desire. This is a housekeeping item and does not affect those who already receive it.
ATTACHMENTS:
Ordinance No. 1796 Amending Chapter 32 Sections 32.03G and 32.04B APPROVAL(S):
Jillian Martins, Assistant City Attorney Approved - 10 Jul 2023 Bryan H. Montgomery, City Manager Approved - 10 Jul 2023
AGENDA ITEM #10.1
Ordinance No. 1796 , amending Chapter 32, Sections 32.03 and 32.04 City ... Page 330 of 968 1 ORDINANCE NO. 1796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO AMENDING CHAPTER 32 SECTIONS 32.03 AND 32.04 CITY COMMISSIONS, ALLOWING
COMMUNITY SERVICES COMMISSIONERS TO SERVE ON THE MOBILE HOME
FAIR PRACTICES COMMISSION AND ALLOWING COMMISSIONERS TO WAIVE
THE STIPEND PROVIDED BY THE CITY PURSUANT TO THEIR APPOINTMENT THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1.Section 32.03 shall be amended to allow Community Services Commissioners to serve on the voter created Mobile Home Fair Practices Commission.
Section 2.Section 32.04 shall be amended to add section (B)(3) to allow commissioners to waive the stipend provided by the City.
Section 3.Title 3 (Administration), Chapter 32 (City Commissions), Section
32.03 (Appointment Process and Commission Terms) subsection (G) and Section 32.04 (Operational Procedures) subsection (B) of the Indio Municipal Code are hereby amended to read as follows:
Ҥ 32.03 Appointment Process and Commissioner Terms.
G. A commissioner may serve on no more than one commission at a time; except for Community Services Commissioners, who may also serve on the Mobile Home Fair Practices Commission, if they meet the requirements to serve on that Commission. Community Services Commissioners may not serve as Mobile Home Fair Practices Commission if they are (1) owners, (2) tenants, (3) landlords, (4) operators or (5) managers of a mobile home.
§ 32.04 Operational Procedures.
B. Stipend.
1. Planning Commissioners shall receive a stipend of $100 per meeting.
2. All other commissioners shall receive a stipend of $50 per meeting.
3. Commissioners may voluntarily waive receipt of the stipend associated with their appointed commission.”
Section 4.All provisions of Chapter 32, City Commissions, other than Section
32.03(G) and 32.03(B)(3) shall remain unchanged and stay in full force and effect.
Section 5.If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the
AGENDA ITEM #10.1
Ordinance No. 1796 , amending Chapter 32, Sections 32.03 and 32.04 City ... Page 331 of 968 2 remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 6.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
Section 7.This ordinance shall take effect thirty (30) days after second reading and adoption.
PASSED, APPROVED, and ADOPTED this 16th day of August 2023.
_____________________________
OSCAR ORTIZ, MAYOR
ATTEST:
_________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
AGENDA ITEM #10.1
Ordinance No. 1796 , amending Chapter 32, Sections 32.03 and 32.04 City ... Page 332 of 968 City of Indio
City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: Indio Mural # 15 Project Finalist Selection: Select the finalist from three (3) options recommended by the Public Arts Commission to paint Indio Mural # 15 and authorize the City Manager and City Attorney to negotiate and finalize the terms for the total a mount of $40,000.
RECOMMENDATION:
Select the finalist from three (3) options recommended by the Public Arts Commission to paint Indio Mural # 15 and authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist for the total amount of $40,000.
SUMMARY:
The City of Indio Public Arts Program released a Request For Proposal (RFP) on March 1, 2023, seeking artists to create a site-specific mural to be painted on the east-facing wall of a building located within the City’s Downtown (82867 Miles Avenue, Indio, CA 92201). The building is being remodeled to transform into a bar/restaurant. The mural will be adjacent to the future Indio Living Room, which functions as an outdoor space, where important civic and social events occur. The extended deadline for the RFP was June 5, 2023, by 5:00 p.m. The City has received 26 proposals from qualified artists.
On June 13, 2023, the Public Arts Commission selected six (6) artists, to attend the Commission’s meeting on July 11, 2023, and presented their concept design in an interactive setting, where the artists provided a presentation to the Commission followed by Q & A session. At their July 11th meeting the Commission selected the following artists in no particular order and/or ranking: Frank Lemus John Cuevas Manie Navarro and Carlos Ramirez A rating sheet is attached to the staff report.
Staff strongly encourages the City Council to use one sheet per artist (or team of artists) to rate each concept design. Staff is requesting that the City Council select the finalist.
BACKGROUND INFORMATION:
The City has circulated a Request For Proposal (RFP) seeking artists for a concept design for a new mural to be installed on a building located on Miles Avenue adjacent to the future Indio Living Room, which is under construction a nd will function as an outdoor space, where important civic and social events occur. The RFP’s extended deadline was June 5, 2023, and the City has received 26 proposals from qualified artists. At their July 11th meeting the Commission selected the follo wing artists in no particular order and/or ranking:
Frank Lemus
John Cuevas
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th... Page 333 of 968 Manie Navarro and Carlos Ramirez
A rating sheet is attached to the staff report. Staff strongly encourages the City Council to use one sheet per artist (or team of artists) to rate each concept design.
Staff is requesting that the City Council select the finalist from three (3) options recommended by the Public Arts Commission to paint the Indio Mural # 15 and authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist for the total amount of $40,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$40,000 In current year budget: Yes
Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment 1 - Frank Leumus
Attachment 2 - John Cuevas
Attachment 3 - Manie Navarro and Carlos Ramirez
Attachment 4 - Mural Rating Sheet
Attachment 5 - Mural # 15 All Proposals
APPROVAL(S):
Scott Trujillo, Deputy City Manager Approved - 12 Jul 2023 Steven Graham, City Attorney Approved - 12 Jul 2023
Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th... Page 334 of 968 Desert Dream
Frank Lemus
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 335 of 968 Past Work
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 336 of 968
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 337 of 968 Concept Design for Indio Mural # 15
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 338 of 968 • I drew inspiration from the timeless iconic Coachella Valley landscape. I wanted to depict and capture the peace that nature brings to the people that live here. The style and colors also came from observing surrounding murals to create a cohesive space. The guitar is an instrument represented as a staple in the music that comes from cultures in this city. The animals and the anonymous figure depict that no matter who you are, music and nature will always bring people together.
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 339 of 968 Mural Budget
• 1. Kilz Premium Primer 7 x 5 gallon- $1000
• 2. Behr Marquee Premium Outdoor paint 12
gallons- $800
• 3. Nova Color Varnish 2 x 5 gallon- $600
• 4. Anti-Graffiti Coating 2 x 5 gallon- $2000
• 5. Brushes and Rollers- $300
• 6. Utility Cart - $140
• 7. 22ft Ladder- $200
• Total material cost= $5,040
• Artist fee= $34,960
Timeline
October 1st – October 7th
Clean and prime wall
Begin to paint background colors
October 8th-November 25th
Project subjects in the foreground and finish
painting
November 26th – December 15th
Complete mural and anti -graffiti coat
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 340 of 968 John Cuevas M U R A L # 1 5
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 341 of 968 John Cuevas
Biography
I live and work in the Coachella Valley, fulltime. I've always loved painting and creating. I've found a way to survive and thrive doing what I love to do and I never take a moment of this privilege for granted.
There are a million reasons why I love painting public
murals, but one that I find absolutely fulfilling is thatthe results is always increased visibility and exposure for the neighborhoods I paint in. This is pure gold for me. It’s a bridge between the Art world and community economic
development.
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 342 of 968 I love taking a space that
is underutilized or lack
luster and then turning it
into something amazing
and inviting.
Before
After
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 343 of 968 I love seeing
people shine
at my Murals.
I feel that people complete
my murals. It’s a sign of
appreciation when somebody
shares their pics with friends
and family. It's also a "word of
mouth/ viva voce"
recommendation for followers
to explore the location.
AGENDA ITEM #10.2
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AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 345 of 968 I love Indio. I
find it inspiring
and complex.
This is a print I am currently
working on. It's a work in
progress. But there is no
shortage of inspiration in
Indio. Indio reminds me of some
of the communities I grew up in,
in the San Gabriel Valley; but, it's
just a faint resemblance because
Indio is wildly unique. The history
is so vast and shifting, like the
desert itself.
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 346 of 968 I chose the agave to take center
stagebecause it's resilient,
determined and ostensibly
eternal. It reminds me of Indio.
The agave refines the soil it grows in. It pulls
heavy metals and growth inhibitors out of the
soil and transforms them into (N) nitrogen, (P)
phosphorus and (K) potassium. It blooms once
in its lifetime with a glorious, prolific bloom stalk
of offspring and clones. It's perpetual. From the
Romans to the Mayans, improving the quality of
life is what we do as humans. It's what Art does.
It's what Community Leaders and Parentsstrive
for. Like Indio and the Community, an agave is
determined to thrive.
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 347 of 968 Simplicity in
semiotics allows
a symbol quick
digestion.
This particular symbol, at the
scale of Architecture also relates
to the 90 degree angles of the
building, it reiteratesthe
movement of the grid, just like
the bricks. I will power wash the
existing bricks at a high pressure
to remove loose masonry, but the
residual roughness will cast
shadows that ultimately mimic
cloud forms and raindrops.
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 348 of 968 The soaring bird has a
faint resemblance to
the United Farm
Workers Flag.
It's faint, but that’s a history to be
proud of. Ultimately, it’s a soaring
bird, a symbol of ascension and
aspiration. The sun motif reiterates
the bold agave form and creates a
focal point, like a spotlight, setting
the stage for anyone! People
always surprise me with how they
complete the works through their
interactions, but that sun spot is a
perfect area for anyone to shine!
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 349 of 968 The border frame is to emphasize the
horizontal length of the wall, but it's also
to move the lower edge of the mural
above the drip-zone of water overspray.
The work will be fortified with an
isolation coat (NovaColor and
Golden Paints) and a heavy anti-
graffiti coat (Worlds Best Graffiti
Coating aka
Muralshield). Moving the
work above the drip zone is
added protection.
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 350 of 968 It would be an honor to create
this mural for the City of Indio
AGENDA ITEM #10.2
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PUBLIC ART COMMISSION
MARNI E L. NAVARRO & CARLOS RAMI REZ 7/11/2023
AGENDA ITEM #10.2
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Based Art Practices
Carlos Ramirez (lead artist) and Marnie L. Navarro (collaborating artist and project manager) are submitting this proposal as an artist team. Collectively, we bring 40+ years of professional arts experience to the table. Our public art projects can be found throughout the west and east Coachella Valley.
As life-long Coachella Valley residents, we are artists who are integrated socially & creatively valley-wide, with a particular interest in supporting arts & culture and community
development in the Eastern Coachella Valley. Mr. Ramirez’ artist studio is located in downtown Indio and Ms. Navarro is the executive director of an east valley arts & culture non-profit.
We engage in community-based arts programming regularly and often coordinate public programs to support our projects.
About Our
Intent
NAVARRO & RAMIREZ
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Worldwide
NAVARRO & RAMIREZ About Carlos
Ramirez
AGENDA ITEM #10.2
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Locally
NAVARRO & RAMIREZ About Marnie L.
Navarro
AGENDA ITEM #10.2
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@c.ramirez2323 @lifeworkgallery
Carlos Ramirez Marnie L. Navarro
Lead Artist Collaborating Artist
Carlos Ramirez (b. 1967) is a visual artist born
and raised in the Coachella Valley (California).
An overarching theme in his work is bringing
visibility to an oft invisible people and
highlighting the inequalities within
communities.
As the son of migrant-worker parents, whose
mother who once worked with civil rights
leader Cesar Chavez during the grape boycott
of the 1970s, his personal experiences of
struggle and victory as part of this resilient
community informs Ramirez’ viewpoint.
Marnie L. Navarro (b. 1979) is a multidisciplinary
artist, educator, curator, and lifelong Valley
resident. She holds Bachelors of Art degrees in
Psychology and Studio Art from CSU, San
Bernardino and an MFA degree in
Interdisciplinary Practice from the School of
Visual Arts, New York.
Her artworks are driven by continuous
inquiries into the complexity of the psyche,
highlighting human interconnectedness and
behavioral motivation, with projects often
resolving in unrelated physical forms.
AGENDA ITEM #10.2
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in Brief
The proposed design is a balanced composition representing nature and humanity, with a key human figure as a focal point that is complemented by an expansive landscape, an
abstracted representation of our beautiful desert in the Coachella Valley.
The pattern motif represents design elements from the Native population of this region and serves to acknowledge their stewardship of the land and care of nature - a way of life which can teach us all to remember how to coexist in this world.
Additional colorways for consideration are available.
About The
Design
NAVARRO & RAMIREZ
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 357 of 968 Focus on Local
Abstract Representations
The Request for Proposal indicated that a successful
design should "celebrate Indio’s rich character and
history through the use of form, color, and subject
matter for public viewing of all ages. Abstract
concepts are preferred over interpretive or literal
imagery."
Our proposed design highlights the landscape and
humanity's prominence within it alongside our
interconnected relationship with nature & animals.
NAVARRO & RAMIREZ About Our
Project
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 358 of 968 On Budget
On Time
Contract executions upon
notification of award.
Dependent upon City's
timeline for approvals &
contract finalization.
Grant Award Wall Prep Mural Execution Mural Completion
All materials & labor for the
wall preparation will take
place within the month of
the contract signing.
Estimated at 2 weeks total
time.
The application techniques
will include paint sprayers,
paint rollers, and brush
work.
It is estimated the mural will
take no longer than 2
months to complete.
By December 30, 2023 (or
before), the mural will be
complete.
Public programming will be
considered in partnership
with the City of Indio, if
applicable.
About The
Timeline
NAVARRO & RAMIREZ
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 359 of 968 Breakdown
by Category
An all inclusive line item budget was included in
our proposal. Below is a snapshot of the amounts
allocated per general category.
$19,000 total
Artist Fees &
Assoc. Costs
$ 40KBUDGET
About The
Budget
NAVARRO & RAMIREZ
Materials,
Equipment, &
Labor
Programming
& Misc. Costs
$16,500 total $4,500 total
AGENDA ITEM #10.2
Indio Mural # 15 Project Finalist Selection: Select the finalist from th...Page 360 of 968 City of Indio Arts In Public Places Program
Mural Selection Criteria
Mural applications shall be reviewed based on the following criteria (100 points):
1. Indio Artist (5 points):
2. Strong conceptual skills with innovative and effective approach (25 points):
3. Potential for work to enrich and diversify the City of Indio’s Public Arts Collection (20 points):
4. Vitality of the work in relation to location/space (5 points), theme or concept (5 points), design (5 points), natural light (5 points), human scale (5 points). a) location/space/place (5 points).
b) theme or concept (5 points).
c) design (5 points).
d) natural light (5 points).
e) human scale (5 points).
5. Strong artistic vision (25 points).
Total Score:
Council-member Name:
Date:
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1. Bijan Masoumpanah:
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2. Adam Enrique Rodriguez:
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3. David Flores:
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4. Walter Lab:
5. David Ocelotl:
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6. Adam Valentine Villanueva:
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7. Sara Dabbagh:
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8. Fernando Valdez Zamora:
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9. Patrick Barwinski:
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10. Chris Sanders:
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11. Chelsea Hart:
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12. Autumn Martino:
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13. Michael dodson:
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14. Jessus Hernandez:
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15. Frank Lemus:
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16- Juan Lopez:
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16. Joshua Cota:
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19. John Cuevas:
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20. Jessica Lopez:
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20. Marnie Navarro and Carlos Ramirez:
AGENDA ITEM #10.2
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21. Graham Carraway:
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22. Tiffany Collins:
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23. Aaron Hansen:
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24. Eduardo Valdez:
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25. Jose Noe Hernandez:
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26. Hervey Garcia:
AGENDA ITEM #10.2
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City Council
July 19, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jesus Gomez, Housing and Neighborhood Services Manager Subject: Approval of the City's Prohousing Plan and Adoption of Resolution No. 10382, Authorizing the Preparation and Submittal of an Application for Participation in the State's Prohousing Designation Program
RECOMMENDATION:
Approve the City's Prohousing Plan and adopt Resolution No. 10382 authorizing t he submittal of an application for the State's Prohousing Designation Program
SUMMARY:
Approval of the City's proposed Prohousing Plan and adoption of Resolution No. 10382 would allow the City to prepare and submit an application to the State Department of Housing and Community Development (HCD) for participation in State's Prohousing Designation Program.
BACKGROUND INFORMATION:
On February 15, 2023, the City Council held a study session to discuss prohousing strategies and to review a draft Prohousing Plan (“Plan”) which identified strategies that could lead to increased housing availability, affordability, and attainability in the City. The Council reaffirmed its intent to expand the City's role as a prohousing advocate by expressing interest in helping address the housing crisis and by supporting the development of the City’s Prohousing Plan (“Plan”).
Staff has now finalized the Plan and is seeking Council’s approval of the Plan. The Plan identifies the City’s existing plans, policies, and regulations that support the City’s overall prohousing vision. The Plan also evaluates Indio development trends, housing needs, and housing policies/actions. The Plan also analyses affordable housing development costs and identifies sources of financing that could be used to support affordable housing development. The Plan brings forward recommendatio ns for the prioritization and implementation of City actions. By approving the Plan, the Council authorizes the City to further establish and implement the recommended Policies outlined in the plan as may be feasible. It is anticipated that there could be financial costs and operational obligations associated with implementation of these policies. The City Manager will analyze and determine the costs of each implementation program and will seek Council's approval as may be required at a later date during Plan implementation. At minimum, the Council will be kept informed of the progress throughout the planning and implementation process of the Plan.
Staff is also seeking Council approval of Resolution No. 10382 which would authorize the preparation and submittal of an application to receive a Prohousing Designation through the State of California’s Prohousing Designation Program. The Prohousing Designation Program was established with the AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 392 of 968 passage of the State’s 2019-2020 Budget Act, which provided a variety of support, incentives, and accountability measures to meet California’s many housing goals. The Prohousing Designation Program is administered by the State’s Housing and Community Development Department (HCD).
The Pro -housing Designation Program provi des incentives to cities and counties in the form of additional points or other preference in the scoring of competitive housing, community development, and infrastructure programs. Local governments with a pro -housing designation are eligible to apply for the new Pro-Housing Incentive Program grant funding that is a $26 million state investment from the Building Homes and Jobs Trust Fund. Pro-housing designated local governments can also receive priority processing or funding points when applying for several funding programs including Affordable Housing & Sustainable Communities (AHSC), Infill Infrastructure Grant (IIG), and Transformative Climate Communities (TCC). Other programs may be added to the list after HCD engages with stakeholders and partner agen cies on adding pro -housing points to other housing and non -housing programs.
The Prohousing Desgination is achieved by submitting an application to HCD that shows how the City has or plans to: adopt favorable zoning and land use plans/policies; accelerate production timeframes; reduce construction development costs; and, provide financial subsidies. A key component to demonstrating the City is a prohousing community is by having in place an overarching plan that reaffirms int plans, goals, City’s the and affordability, production, housing in ents supporting attainability and sustainability. The City’s Prohousing Plan achieves this goal.
The State’s Prohousing Designation is assigned by HCD after its review of the City’s application and supporting documentation which includes the Plan and Resolution. The applications are considered and reviewed on a non -competitive rolling basis and scored on a points system. As of early April 2023, the State Governor's Office had announced that there were only 22 jurisdictions statewide that had received a pro-housing designation. If the State approves the City's application, Indio would be the first City in the Coachella Valley to earn this designation.
ALTERNATIVES:
1. Not adopt the proposed Plan
2. Modify components of the proposed Plan, such as considering other options rather than considering General Fund contributions.
ATTACHMENTS:
Attachment 1--Prohousing Plan
Attachment 2--Resolution 10382 Approving Submittal of Prohousing Designation Application
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 11 Jul 2023 Jillian Martins, Assistant City Attorney Approved - 11 Jul 2023 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 393 of 968 -
-
City of Indio
Prohousing Plan
July 2023
AGENDA ITEM #10.3
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T able of Contents
Chapter 1 Introduction ..............................................................................................................1
1.1 What is Prohousing? ..........................................................................................................................................................................................1
1.2 T rends .....................................................................................................................................................................................................................3
1.3 Constraints and Opportunities .....................................................................................................................................................................3 Chapter 2 City Profile ................................................................................................................5
2.1 How Housing Needs Are Determined ...............................................................................................................................................................5
2.2 Development T rends .................................................................................................................................................................................................6
2.3 Housing Characteristics and Market Conditions in Indio ..........................................................................................................................9
2.4 Housing Needs in Indio ..........................................................................................................................................................................................13
2.5 How is Affordable Housing Built .........................................................................................................................................................................15 Chapter 3 Plan and Policy Review ..........................................................................................21
3.1 General Plan 2040 ...........................................................................................................................................................................................21
3.2 Unified Development Code .......................................................................................................................................................................22
3.3 Highway 111 Corridor Specific Plan ........................................................................................................................................................22
3.4 Downtown Specific Plan ..............................................................................................................................................................................23
3.5 General Plan Housing Element ................................................................................................................................................................23
3.6 T ransformative Climate Communities ....................................................................................................................................................24
3.7 Surplus Lands Act ..........................................................................................................................................................................................24
3.8 Fee Waivers ......................................................................................................................................................................................................25
3.9 Funds for Affordable Housing ..................................................................................................................................................................25 Chapter 4 Policy Recommendations ......................................................................................26
4.1 Prohousing Policies ........................................................................................................................................................................................27
4.2 Financing T ools ...............................................................................................................................................................................................35
AGENDA ITEM #10.3
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TABLE(S)
T able 1. City of Indio 5th Cycle RHNA ...............................................................................................................................................................6 T able 2. Monthly Rent in Indio ............................................................................................................................................................................11 T able 3. Housing Units by Number of Bedrooms .......................................................................................................................................11 T able 4. City of Indio 6th Cycle RHNA (2021-2029) ...................................................................................................................................13 T able 5. Development Costs for Recent Affordable Housing Projects in Indio ..............................................................................16
FIGURE(S)
Figure 1. Prohousing Policy Categories .....................................................................................................................................................................2 Figure 2. How Much Housing Was Permitted in Indio? (2013-2021)............................................................................................................7 Figure 3. Units Permitted in Indio by Housing Type, 2013-2021 .....................................................................................................................8 Figure 4. Units Permitted in the Coachella Valley .................................................................................................................................................9 Figure 5. Indio Housing Stock ......................................................................................................................................................................................12 Figure 6. City of Indio 5th Cycle RHNA Versus 6th Cycle RHNA .................................................................................................................14 Figure 7. Funding Sources for Recent Affordable Housing Projects Indio ................................................................................................17
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 396 of 968 1 Chapter 1 Introduction
Cities across California are in a serious housing supply and affordability crisis, and the city of Indio (Indio) is no exception.
Indio’s residents are facing increasing housing costs that are far outpacing incomes. Additionally, the development of housing, especially affordable housing, has not kept pace with resident’s needs for the last decade. T o address issues of housing supply and affordability in a manner that increases access to resources to help residents thrive, the City of Indio (City) has been working closely with residents and stakeholders to address the local housing need through a variety of strategic actions. Such actions include the adoption of the 6th Cycle Housing Element (2021-2029) in January 2022, which includes a roadmap of steps to address Indio’s existing and future housing need; the T ransformative Climate Communities Plan (TCC) that was approved by the City Council in January 2021, which identifies and prioritizes community-based development and infrastructure projects and investments to improve community environmental, health, and economic benefits; and a comprehensive update to the City’s zoning regulations called the Unified Development Code (UDC) that was effective in October 2022, which regulates how development can occur in Indio, to facilitate the development of housing in a manner that meets the needs of Indio’s residents (refer to Chapter 3, Plan and Policy Review for a full overview of the City’s existing plans, policies, and regulations that support the City’s overall prohousing vision).
Building upon this Citywide framework for change, the City of Indio’s Prohousing Plan (Prohousing Plan) is a roadmap to identify strategies to increase the availability of housing through locally targeted solutions. This Prohousing Plan evaluates Indio’s development trends and needs, current housing policies and actions, analyses the cost of development and funding sources that are used to support affordable housing development, brings forward recommendations for the prioritization of actions and their implementation and fiscal solutions that can be implemented in Indio.
1.1 What is Prohousing?
The City supports bold housing solutions to meet the needs of all residents and has positioned itself as prohousing through a series of strategies to grow and enhance the housing stock, improve housing affordability, and increase equitable access to opportunities for residents. While the City is prohousing in its values, it must pair those values with meaningful actions to achieve its vision. As a part of this multifaceted approach, this Prohousing Plan will bring the City one step closer to realizing its prohousing vision through implementable solutions to promote housing production.
In addition to being prohousing in values and actions, the City also has the opportunity to pursue an official Prohousing Designation through the state’s Prohousing Designation Program. The designation is awarded by the California Department of Housing and Community Development (HCD) to jurisdictions meeting the requirements of the Prohousing Designation Program. HCD’s review and consideration for a Prohousing Designation are based on the jurisdiction’s local Prohousing Policies that accelerate, streamline, or encourage housing production.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 397 of 968 2 Providing
Financial
Subsidies
Favorable
Zoning and
Land Use
Accelerating
Production
Timeframes
Reducing
Construction
and
Development
Costs
1 HCD is currently working with interagency partners to identify additional funding opportunities tied to Prohousing. HCD will continue to evaluate other funding programs and work with agencies to incorporate Prohousing regulations.
Benefits at a Glance
Prohousing Designation benefits include priority processing or funding points when applying for several funding programs, including:
• Affordable Housing and Sustainable Communities (AHSC) • Infill Infrastructure Grant (IIG)
• T ransformative Climate Communities (TCC)
• T ransit and Intercity Rail Capital Programs (TIRCP) • Local Partnership Program (LPP)
• Solutions for Congested Corridors
Program (SCCP)
• Other Programs1
1.1.1 Prohousing Designation Program
HCD accepts Prohousing Designation applications through a non-competitive process. Applications are based on a flexible point system and approved on a rolling basis. Applications must outline a jurisdiction’s enacted or proposed Prohousing Policies and certify that each proposed Prohousing Policy will be enacted within two years. Each Prohousing Policy identified in an application receives a point allocation. Jurisdictions must score a minimum of 30 points with at least one policy in each of the four categories shown in Figure 1, Prohousing Policy Categories. As part of the application requirements, jurisdictions must also have a compliant Housing Element and authorization from their City Council to apply and participate in the Prohousing Designation Program.
Figure 1. Prohousing Policy Categories
Prohousing Designation Benefits
Cities or counties that are awarded the
Prohousing Designation receive an advantage
when applying for funding from various state
funded housing, community development,
and infrastructure programs. The jurisdictions
receive priority processing or additional points
in their applications, giving them a competitive
edge when seeking various grant funding
opportunities. Affordable housing developers
are also better positioned to secure grant
funding for projects located in a Prohousing
Designated jurisdiction. This provides a
benefit to the jurisdictions by attracting more
development and increasing the overall
production and supply of housing. By seeking the Prohousing Designation, local jurisdictions, like the City, can assert their commitment to addressing the longstanding housing challenge.
AGENDA ITEM #10.3
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Development and demographics trends in Indio, including historical development patterns, current housing stock, median household income, City permitting data, and current housing needs, are a key component in the formation of the Prohousing Plan. A comparative trends analysis helps create an understanding of how Indio compares on a local level to neighboring jurisdictions in the Coachella Valley. As is detailed in Chapter 2, City Profile, housing development trends in cities across the Coachella Valley, including Indio, historically focused on the production of new, single-family, market rate housing. While cities across the Coachella Valley have varying demographic and socio-economic trends, the common thread is the need for a variety of housing types and levels of affordability. The analysis in Chapter 2 provides a foundation for understanding how local development trends in Indio compare to development trends across the Coachella Valley over the last eight years. The analysis further identifies current housing needs, housing characteristics and challenges, recent affordable housing projects and the funding sources used to support construction. This analysis helped to form the Prohousing Policy recommendations in Chapter 4, Policy Recommendations.
1.3 Constraints and Opportunities
Constraints to Development
Constraints to housing development and production are typically categorized as: governmental, non-governmental, and environmental constraints. While the City can address governmental constraints, such as strict land use regulations, fees, and permitting timelines, they have less control over external constraints. External constraints include market trends that influence the cost of land, materials, or environmental constraints, such as geologic and seismic hazards. Nonetheless, understanding what non-governmental and environmental factors exist in Indio is key to developing Prohousing Policies that can aim to overcome the constraints to housing development.
Governmental
Land Use Controls: General Plan
policies, zoning designations,
development standards, and
permit processing requirements.
Building Codes and Enforcement:
Standards and regulations
for housing construction
and/or maintenance, site
improvements, and related fees.
Non-Governmental
Land Cost: Land prices are
determined by a number of
factors, most important of which
are land availability and permitted
development density.
Construction costs: such as labor
and materials.
Economic factors: market-driven
factors such as inflation and
mortgage interest rates that can
affect rental and home ownership
costs.
Environmental
Geologic and Seismic
Hazards, Flooding: additional
infrastructure needed to
support development and
mitigate natural disaster risk in a
hazardous area.
Utilities and Service systems:
capacity and supply of water,
sewer, electric power, and natural
gas to support development,
required infrastructure
improvements, and related fees.
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Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 399 of 968 4 Development Opportunities
The City has made notable efforts in recent years to position itself as prohousing through various updates to plans, policies, and regulations that promote housing production. An overview of the City’s existing plans, policies, and regulations that align with the state’s Prohousing Policies is provided in Chapter 3, Plan and Policy Review. While these recent efforts underscore the City’s overall prohousing vision and goals, additional actions are needed to meet Indio’s growing housing needs. Chapter 4 provides Prohousing Policy recommendations the City can implement to incentivize and support the development of housing that meets the diverse needs of the Indio community. Furthermore, the City must commit to enacting the recommended Prohousing Policies (detailed in Section 4.1, Prohousing Policies) in order to achieve the state’s Prohousing Designation.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 400 of 968 5 Chapter 2 City Profile
2.1 How Housing Needs Are Determined
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. Every local jurisdiction in the state is assigned a number of housing units representing its fair share of the state’s housing needs across various income categories for an eight-year planning period. This is referred to as the jurisdiction’s regional housing needs allocation (RHNA). It is calculated based off the jurisdiction’s existing and projected housing need for an 8-year period, referred to as the cycle. State law requires jurisdictions to show how they plan to accommodate their RHNA and meet the housing needs in the community as part of the periodic process of updating local housing elements of the general plan.
Most federal and State housing assistance programs set maximum income limits for participant eligibility. Household income categories are used to determine applicant eligibility (based on the household income and size) and affordable housing costs for applicable housing assistance programs. State income limits are updated yearly by the California Department of Housing and Community Development (HCD) and are based off the following household income categories:
• Extremely low-income: Households earning up to 30 percent of the AMI • Very low-income: Households earning between 31 percent to 50 percent of the AMI • Low-income: Households earning between 51 percent to 80 percent of the AMI • Moderate-income: Households earning 81 percent to 120 percent of the AMI • Above moderate-income: Households earning over 120 percent of the AMI The income limits are set for each county and are calculated as percentages based off the county’s area median income (AMI); however, they apply to all households in cities across the county to determine eligibility for certain housing assistance programs and financial assistance.
The County of Riverside’s (County) AMI is $77,5002, as compared to the median household income for Indio which is $59,399 based on the census data’s 2021 5-year estimates. Based on the household income categories for the State income limits provided above, households in cities within the County, including Indio, are considered extremely low- income if they earn less than $26,500 per year, very low-income if they earn less than $39,500 per year, and low-income if they earn less than $63,200 per year.
2 HCD, 2021 State Income Limits.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 401 of 968 6 2.2 Development Trends
Analyzing development trends can provide insight as to where policies or market factors have influenced the development of housing and can help inform the development of effective prohousing strategies. This section analyzes historical trends at the local level in Indio and compares Indio’s trends to neighboring cities in the Coachella Valley.
2.2.1 Development Trends in Indio
Comparing the 5th Cycle (January 1, 2014 – October 1, 2021) RHNA to the number of residential units permitted provides insight as to the effectiveness of policies or programs that contributed to the development of housing, or lack thereof.
Based on the 5th Cycle RHNA, the City of Indio’s (Indio) allocated housing need was 3,025 total units between 2013 and 2021. As discussed in Section 2.1, the RHNA is broken down by income categories as shown in Table 1, City of Indio 5th Cycle RHNA. The lower-income RHNA group in Table 1 also includes the extremely low- and very low-income categories. As shown in Table 1, the number of lower-income housing units needed was similar to the above moderate- income housing need in the previous 5th Cycle (as determined by the City’s RHNA allocation).
Table 1. City of Indio 5th Cycle RHNA
Income Group 5th Cycle
Lower-Income 1,201
Moderate-Income 553
Above Moderate-Income 1,271
Total Units 3,025
Source: Southern California Association of Governments.
Affordable Housing Impact
The City did not meet the affordable housing units target set by the RHNA allocation for the lower-in- come group.
While the City is not responsible for building housing, the City is responsible for identifying sites that are available for residential development to ensure there is sufficient capacity to accommodate the RHNA, and for developing strategies to assist in developing adequate housing. Strategies to incentivize development may include development fee reductions, modified development regulations to increase the total number of units developers can build, and/or priority processing for certain kinds of housing developments to reduce lengthy processing times or unclear permitting procedures.
Figure 2, How Much Housing Was Permitted in Indio? (2013-2021), compares the City’s 5th Cycle RHNA versus the number of units permitted during the 2013-2021 cycle. As shown on Figure 2, the City exceeded the above moderate- income RHNA, but fell short of meeting the allocated lower- and moderate-income RHNA targets. The combined lower- and moderate-income RHNA was 1,754, but the City only permitted a total of 371 lower- and moderate-income units.
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Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 402 of 968 7 Figure 2. How Much Housing Was Permitted in Indio? (2013-2021) Source: California Department of Housing and Community Development Housing Types Permitted
Attached and detached single-family housing units were the most common housing types permitted in Indio between 2013-2021.
What does this mean? There are not enough housing units being built that are affordable to lower- and moderate- income households. Typically, single-family housing units are rented or sold at market rate,3 making them affordable only to above moderate-income households.
Figure 3, Units Permitted in Indio by Housing Type, 2013-2021, shows strong development trends for single- family housing units typically affordable to above moderate-income households. These trends also highlight the need to incentivize a variety of housing types that can serve the population’s diverse needs, including housing types to accommodate individuals living alone and families at varying levels of affordability. 3 Market Rate means housing generated by the real estate market without some form of government subsidy to keep rents or sale price low.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 403 of 968 8 Figure 3. Units Permitted in Indio by Housing Type, 2013-2021 Source: California Department of Housing and Community Development Indio Development Trends Key Takeaways:
• Based on the City’s 5th Cycle lower-income RHNA, the City fell short of meeting the community’s lower- income housing allocation by 831 units and exceeded the above moderate-income RHNA by 1,161 units. • There is a need to incentivize the development of lower- and moderate-income units. • There was a strong interest in building market-rate units, as the City permitted a surplus of above moderate-income units.
2.2.2 Development Trends in the Coachella Valley
Analyzing development trends for the Coachella Valley provides additional context for understanding how development trends in Indio compare relative to other nearby cities. This subsection reviews development trends across the nine cities in the Coachella Valley, which include the cities of Indio, Palms Springs, Desert Hot Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, and City of Coachella.
Affordable Housing Impact
The cities in the Coachella Valley collectively built 8,753 housing units between 2013 and 2021.
How does Indio’s housing production compare to the other cities? The City of Indio permitted the greatest number of housing units between 2013 and 2021 with 2,803 total units, followed by the City of Palm Springs which permitted 1,521 total units. The City of Indio also permitted more affordable housing units than any other city in the Coachella Valley, with a total of 370 lower-income units. Only 13 percent of the affordable housing units needed in the region (as determined by the RHNA) were permitted across all nine cities in the Coachella Valley.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 404 of 968 9 Figure 4, Units Permitted in the Coachella Valley, provides an overview of the number of housing units permitted by income category for each city in the Coachella Valley.
Figure 4. Units Permitted in the Coachella Valley
55 140
83 632
Desert Hot SpringsDesert Hot Springs
129
94 1,391
36 2
764
74 607
307
3 820
242
12 2,432
370
1 153
242
263
1 Palm SpringsPalm Springs
Rancho MirageRancho Mirage
Palm DesertPalm Desert IndioIndio
Cathedral CityCathedral City
CoachellaCoachella
La QuintaLa Quinta
Indian WellsIndian Wells
Lower Income
Moderate Income
Above Moderate
Income
LEGEND
Income Level
Source: California Department of Housing and Development Development Trends in the Coachella Valley Key Takeaways:
• The City of Indio permitted approximately one-third of all units across the nine cities in the Coachella Valley between 2013 and 2021, permitting more units than any other City. • Most cities in the Coachella Valley, including Indio, permitted more units for above moderate-income households than any other income category.
2.3 Housing Characteristics and Market Conditions in
Indio
This section analyzes housing characteristics and market conditions at a local level in Indio. The findings were used to further define Indio’s housing needs and form the policy recommendations in Chapter 4, Policy Recommendations.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 405 of 968 10 2.3.1 Cost Burden
Several external factors can increase the cost of buying and renting homes. Typical factors include high costs of land or construction costs related to the development of housing. These factors impact housing affordability and lead to a greater number of households that are ‘priced out’ of the housing market (making home ownership less attainable). An overall low housing supply can also lead to an increase in home sale prices and rentals rates when the communities’ housing needs exceed the available housing supply. The higher cost of housing usually leads to households overpaying for housing.
Who needs Affordable Homes?
Both renters and homeowners in Indio typically pay more for housing than they can afford.
Overpayment is identified as a household paying more than 30 percent of their income on housing. Based on the latest data from the Southern California Association of Governments (2021), approximately 57 percent of renter households in Indio spend more than 30 percent of their income on rent, and approximately 50 percent of homeowner households spend more than 30 percent of their income on their mortgage. These percentages indicate there are many households, both owners and renters, that are in need of more attainable housing options in Indio.
2.3.2 Income versus Housing Costs
Income influences the type of housing a household can afford to buy or rent. This section analyzes the annual income needed for a household to afford to pay for rent or a mortgage without overpaying in Indio.
Who can afford to rent in Indio?
Approximately 46 percent of renter households in Indio cannot afford to rent a housing unit without overpaying.
Based one census data, approximately 46 percent of renter households in Indio do not meet the required annual income of $35,317 to afford at least a one-bedroom unit in Indio without overpaying for housing. According to 2021 census data, the median household income for renter households in Indio is $39,934 per year4. Table 2, Monthly Rent in Indio, provides the average monthly rent by the number of bedrooms per unit and the annual income required to be able to afford rent without overpaying.
Based on the average monthly rental costs shown in Table 2, households meeting the median renter household income ($39,934) are able to afford one-bedroom housing units, but they would likely overpay for housing if they require more than one bedroom. This data indicates that low-income households must spend a higher share of their income on rent and is reflective of the renter overpayment analysis previously discussed in Section 2.3.1. 4 Census Bureau, ACS, 2021 5-Year Estimates, Table S2503.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 406 of 968 11 Table 2. Monthly Rent in Indio
Number of Bedrooms in Unit Monthly Payment Required Annual Income 1 Bedroom $1,089 $35,317
2 Bedrooms $1,125 $45,150
3 Bedrooms $1,453 $58,314
4 Bedrooms $1,844 $74,006
Median Gross Rent for All Units: $1,210
Source: Census Bureau, ACS 2021 5-Year Estimates, Table B25031.
Analyzing the housing stock in Indio provides further insight into the high percentage of residents, both homeowners and renters, that may experience overpayment from a lack of housing stock available to meet the housing needs of the community. Table 3, Housing Units by Number of Bedrooms, shows a breakdown of the housing stock in Indio by the number of bedrooms in a unit. As shown in Table 3, over 50 percent of Indio’s housing units have 3 or more bedrooms and only 11 percent are one-bedroom units. There is a significant need for more housing diversity, including smaller options with 1- or 2-bedroom units, as renter households cannot afford to rent a housing unit with more than one bedroom without experiencing cost burden.
Table 3. Housing Units by Number of Bedrooms
Number of Bedrooms in Unit Total Units Percent of Total Housing Stock No Bedroom 943 2%
1 Bedroom 4,492 11%
2 Bedrooms 11,818 30%
3 Bedrooms 12,301 31%
4 Bedrooms 10,383 26%
Source: Census Bureau, ACS 2021 5-Year Estimates, Table DP04.
Who can afford to buy a home in Indio?
Only 22 percent of residents in Indio can afford to purchase a home at the market rate.
When there are sudden increases in the price of homes, many first-time home buyers may be priced out of Indio, meaning that they cannot afford to purchase an entry-level home. In the last five years, this has become a common situation for home buyers in Indio and in cities across California. Between 2018 and 2022, the average home price in Indio increased from approximately $290,000 to $550,000.
Based on the average market-rate home price of $550,000 and an assumed 20 percent down payment, a household in Indio must have an annual income of approximately $100,000 to purchase a home. Based on these estimates, only 22 percent of all current residents earn enough to purchase a home in Indio. In addition, the owner-occupied median household income in Indio is $67,609,5 meaning that the majority of current homeowners who meet the median income would not be able to purchase a home in Indio today.
5 Census Bureau, ACS, 2021 5-Year Estimates, Table S2503.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 407 of 968 12 2.3.3 Housing Types
A diverse housing stock which includes single-family housing units, duplexes, multifamily housing units, including triplexes or quadplexes, and manufactured homes, are beneficial as they provide much needed housing for households at various income levels. Different housing types are typically affordable to households in varying income groups. For example, supportive housing is typically affordable to extremely low-income household earning up to 30 percent of the AMI, while housing units that are sold or rented at market rate are typically only affordable to above moderate-income households earning over 120 percent of the AMI. This section analyzes the current housing stock in Indio and identifies what housing types are needed.
What type of housing does Indio need?
Indio needs more multifamily housing units, such as apartments, duplexes, triplex, and quadplexes.
Figure 5, Indio Housing Stock, shows a breakdown of housing type structures by the number of units available in Indio. As shown on Figure 5, there is a disproportionately high number of detached single-family homes relative to other housing types.
Figure 5. Indio Housing Stock
Source: Census Bureau, ACS 2021 5-Year Estimates, Table DP04.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 408 of 968 13 Housing Characteristics and Market Conditions in Indio Key Takeaways:
• There is a need for a variety of housing types and sizes, especially units with one- and two-bedroom options. • Indio households that meet the median household income of $59,399, cannot afford to purchase a home in Indio based on the average home price.
• There is a need for affordable housing as there is a high percentage of owner and renter households who overpay for housing.
• Lower-income households spend a higher share of their income on rent and are more likely to experience cost burden.
2.4 Housing Needs in Indio
This section examines Indio’s expected housing needs between 2021 and 2029 based on the City’s 6th Cycle RHNA. The City’s 6th Cycle RHNA is 7,812 units. Table 4, City of Indio 6th Cycle RHNA (2021-2029), provides a breakdown of the units by income category.
Table 4. City of Indio 6th Cycle RHNA (2021-2029)
Income Group 6th Cycle
Lower-Income 2,963
Moderate-Income 1,315
Above Moderate-Income 3,534
Total Units 7,812
Source: Southern California Association of Governments, 6th Cycle Final RHNA Allocation Plan, 2021.
Figure 6, City of Indio 5th Cycle RHNA Versus 6th Cycle RHNA, compares Indio’s 5th and 6th Cycle RHNA by income category. As shown on the graph, the total number of units allocated to the City for the 6th Cycle increased approximately 158 percent as compared to the 5th Cycle. The significant increase highlights the need for more housing development if the City would like to remain on track with the 6th Cycle RHNA targets.
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Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 409 of 968 14 Figure 6. City of Indio 5th Cycle RHNA Versus 6th Cycle RHNA Source: California Department of Housing and Community Development.
Based on units permitted between 2013 and 2021, as shown in Figure 2, the City only achieved 15 percent of the lower-income RHNA and permitted one moderate-income unit during the 5th Cycle. There is a clear need for stronger strategies to promote development, especially as the RHNA for the 6th Cycle increased substantially across all income categories compared to the 5th Cycle as shown below:
• 147% increase in the lower-income RHNA
• 138% increase in the moderate-income RHNA
• 178% increase in the above moderate-income RHNA
Housing Needs in Indio Key Takeaways:
• The increased lower- and moderate-income RHNA targets highlight the severe and continued need for more affordable housing in Indio.
• There is also a continued need for above moderate-income housing. • There is a need to incentivize lower-income and moderate-income housing development.
AGENDA ITEM #10.3
Resolution No. 10382 , Authorizing the Preparation and Submittal of an A... Page 410 of 968 15 2.5 How is Affordable Housing Built
This section analyzes the development costs and funding sources of five recent affordable housing projects in Indio. The projects included are the affordable housing projects in Indio that were recently completed in the last five years or that are in the development pipeline as of January 2023.
As further explained below, developers of affordable housing projects must typically rely on several funding sources to make a project financially feasible. The funding sources vary by project, but often include local, state, and federal government sources. Examining the funding sources that were utilized to finance recent affordable housing projects can help to define the role that local sources may play in funding future affordable housing projects in Indio.
Introduction
Funding for housing developments can vary significantly for affordable versus market-rate projects. Market-rate housing developers fund a portion of their projects using private funds paid by investors, referred to as equity, and the remainder is covered by a loan, also called debt, usually from a bank. T ogether, these cover development costs, including the cost of construction and land. Once a multifamily rental project is complete, the owners of the property receive monthly rental payments from tenants, and then use the monthly income to repay the loan.
In comparison, tenants of affordable housing projects pay lower monthly rents based on income limits (refer to Section
2.1 for income limits discussion). This means that developers of affordable housing projects cannot rely on traditional loans like market-rate projects because the properties generate less rental income each month, so they have less money available to repay a loan. Because they cannot rely on traditional loans, they must find other sources to close the funding gap between the development costs and the rents that would be paid by lower- and moderate-income tenants.
Developers of affordable housing projects typically have to layer between four to eight sources of funding, while others have to layer more.6
A major source of funding for affordable housing comes from the federal Low Income Housing T ax Credits (LIHTCs) program. The LIHTC program provides federal income tax reductions for private investors in exchange for investment in qualifying affordable housing projects. The California T ax Credit Allocation Committee (TCAC) is responsible for managing this federal program in the state. TCAC also provides additional tax credit opportunities at the state level. Additional funding sources typically come from private investments, state sources, grants, and subsidies, such as subsidized loans.
However, these limited funds are typically competitive, and affordable housing developers often rely on local cities and counties for assistance with closing the funding gap between available funds and the project’s cost. A small local contribution can be the critical investment that makes the project work. 6 https://ternercenter.berkeley.edu/wp-content/uploads/2021/04/LIHTC-Complexity-Final.pdf