Indio City Council
October 4, 2023

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 298 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-4

 Collect projected activity reports from Section Chiefs and Planning/Intelligence Section Directors at appropriate intervals.
 Ensure that all requests are routed/documented through the Planning/Intelligence Section.
 Continue EOC situation briefings and action planning sessions as needed.  Monitor resource usage to forecast shortfalls.
 Ensure that all fiscal and administrative requirements are coordinated through the Finance/Administration section:
 Notification of any emergency expenditures
 Daily time-sheets
Extended Actions
 Keep the EOC Director updated on the situation and of any changes.  Review current priorities and policies from Planning/Intelligence Section Chief and EOC Director.
 Request EOC Director to authorize the deactivation of Section.  When deactivation is approved, contact agencies and/or persons worked with and advise them of:
o When deactivation will take place
o Whom they should contact (include phone number) for the completion of ongoing actions or new requirements
 Coordinate with EOC Director and Section Chiefs to determine the need for an EOC Demobilization Plan. If the plan is deemed necessary, prepare a written demobilization action plan that will at a minimum address the following:
o Release plan strategies and general information
o Priorities for release
o Transfer of authorities/responsibilities/missions
o Completion and submittal of all required documentation  Ensure that each Section has completed the following:
o Final reports
o Close-out of Section activity log
o Transfer of ongoing missions and/or actions to appropriate full-time staff for recovery operations

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 299 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-5

 Direct Section staff to attend the After-Action Review to be held after the EOC deactivation. Staff should be prepared to discuss:
o General overview of the operation
o General overview of EOC operation
o Procedures/concepts that worked well
o Procedures/concepts that need to be improved
 Ensure staff cleans up work areas and returns facility to normal.  Observe all staff and volunteers for signs of stress and inappropriate behavior.

Report concerns to the EOC Director. Provide for staff rest periods and relief.  Participate in a Critical Incident Stress Debriefing Session and ensure that all Planning/Intelligence staff and volunteers attend one also.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Planning and Intelligence Chief position and close out logs when authorized by the EOC Director.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 300 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-6

4.2.2 Situation Assessment Unit
POSITION TITLE: Situation Assessment Unit Leader
You report to: Planning and Intelligence Chief

Position Overview
This position oversees the collection, organization, analysis, and display of situation information related to the emergency. Also ensuring that information collected from all sources is validated prior to posting on status boards.

Responsibilities
 Collect, process, and organize situation information.  Prepare situation summaries.
 Ensure all EOC status boards are accurate and up to date.  Prepares maps and intelligence information for use in the emergency action plan.  Maintain a “reference library” of reports and other documents.

Initial Actions
 Check-in with the EOC Planning and Intelligence Chief to receive initial briefing on:
o General situation
o Immediate tasks for the Section
o Organization of EOC staff
o Communication capability between the City and the Operational Area  Set-up section work area:
o Post organization/seating chart
o Post maps (either standard or computerized)
o Set-up status boards (either on computer or white board) o Update phone rosters
o Check and fill equipment and supply needs
 Determine with Section Chiefs and the Documentation Unit and GIS Specialist appropriate information to be displayed on status boards.  Prepare input to and facilitate in the emergency action planning session. The goal of the meeting is to cover the following topics:
o Time period the plan covers
o The mission priorities
o Listing of objectives to be accomplished (should address the priorities and be measurable in some way)
o Statement of strategy to achieve the objectives (identify whether there is more than one way to accomplish the objective, and which way is preferred)
o Assignments necessary to implement strategy
o Organizational elements to be activated to support the assignments (may also list organizational elements that will be deactivated during or

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 301 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-7

o at the end of the period)
o Logistical or other technical support required

 Maintain current status on information coming from division command posts and, if activated, the Operational Area:
o Current information displayed on status boards
o Current information displayed on maps
 Distribute current information to all Section Chiefs and EOC Director.

Intermediate Actions
 Maintain section logs and files.
 Refer all contacts with the media to the EOC Public Information Officer.  Participate in periodic Planning and Intelligence Section meetings.  Contact Operational Area Planning and Intelligence Section to establish the best methods for receiving and providing intelligence information. Additionally, setup a schedule for information to be received in order to be put in the EOC situation report.  Brief the Planning and Intelligence Chief on major problem areas that need immediate action.
 Contact Section Chiefs on essential elements of information as it becomes available; establish the best methods for receiving and providing intelligence information.

Additionally, set-up a schedule for information to be received in order to be put in the EOC situation report.
 Keep the command posts informed of the overall situation.  Maintain an open file of situation reports and major incident reports for review with other branches or agencies.
 Provide information to EOC Public Information Officer for use in developing media and other briefings.
 Brief relief staff at shift change time.

Extended A
ctions
 Keep the EOC Director and Planning and Intelligence Section Chief updated on the situation and of any changes.
 Coordinate all information received for After-Action Report.  Assist transition into recovery operations/documentation.

AGENDA ITEM #10.8
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Part II: Supporting Documents
City of Indio EOP - Part II Page 4-8

 Maintain disaster operations files, records, and legal documents for proscribed retention period.
 Attend post disaster EOC debriefing.
 Ensure staff cleans up work areas and returns facility to normal.  Observe all staff and volunteers for signs of stress and inappropriate behavior.

Report concerns to Planning and Intelligence Section Chief. Provide staff rest periods and relief.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Situation Assessment Branch and close out logs when authorized by the Planning and Intelligence Section Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 303 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-9

4.2.3 Documentation Unit
POSITION TITLE: Documentation Unit Leader
You report to: Planning and Intelligence Chief

Position Overview
The Documentation Unit is responsible for maintaining complete documentation of the emergency. This includes damage assessment reports, EOC action reports, after action reports (AAR), sign in sheets, and activity logs (ICS 214), and other incident files. The unit is also responsible for the duplication of materials; and for the preservation of incident files for legal, analytical, and historical purposes.

Responsibilities
 Assisting other Sections in setting up and maintaining documentation during a disaster.
 Maintain display boards of the current situation.
 Provide duplication services to EOC staff.
 File, maintain and store incident files and vital records for legal, analytical, and historical purposes.

Initial Actions
 Check in with the Planning and Intelligence Chief to receive initial briefing on:
o General situation
o Immediate tasks for the Section
o Organization of EOC staff
 Establish situation/incident master file. At a minimum, the file should consist of:
o Copies of all fax logs
o Copies of all declarations and requests for any declarations o City Flash Report(s)
o City Situation Report(s)
o Copies of all Section and Branch activity logs
o Copies of all reports either submitted to or generated by the EOC o Copies of all staff/organization charts
o Copies of phone rosters
 P repare distribution list for EOC Incident Action Plans.  Make copies and distribute EOC Incident Action Plans.  Ensure all telephone, radio, and general messages in the EOC are documented.

Keep a copy of all phone messages.

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 304 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-10

 Use pre-established message forms for documentation of all EOC communications.  Determine with the Planning and Intelligence Chief and Situation Assessment Unit appropriate information to be displayed on status boards.  Receive and log all documentation relating to requests and response for personnel or supplies to the respective Section Chiefs and Directors, and Officers.  Maintain an on-going activity log of all EOC activities, decisions, communications, and reports. Copies of news releases, public information notices, employee directives, Operational Area status summaries, etc., should be included.

Intermediate Actions
 After the action planning meetings, assist in the preparation of any written EOC Incident Action Plans or procedures.
 Participate in periodic Planning and Intelligence Section meetings.  Ensure copies of all documentation generated during the operation are submitted to the Planning/Intelligence Section.
 Brief relief at shift change time.

Extended Actions
 Observe all staff and volunteers for signs of stress and inappropriate behavior.

Report concerns to Section Chief. Provide staff rest periods and relief.  Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Documentation Branch and close out logs when authorized by the Planning and Intelligence Chief.
 Leave forwarding phone number where you can be reached.

Supporting E OC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 305 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-11

4.2.4 Action Planning Unit
POSITION TITLE: Action Planning Unit Leader
You report to: Planning and Intelligence Chief

Position Overview
The Action Planning Unit is the element most responsible for facilitating the EOC action planning process ad producing the final plan. EOC action planning requires a collaborative effort by all members of the EOC, and while management and section chiefs play roles in development and implementation of the EAP, the Action Planning Unit is ultimately responsible for producing the EAP.

Responsibilities
 Initiate the EOC action planning process the planning “P” (in coordination with the EOC Director)
Initial Actions
 Receive briefing from the Planning and Intelligence Chief with other Section staff.  Gather information from the Situation Assessment Unit.  Monitor the situation with the Planning and Intelligence Section.  Develop possible incident objectives and priorities:
o Public Health and Welfare
o Emergency information or public instructions
o Possible shortages of personnel or supplies
o Identification of danger areas
o Determination of needs
 Develop an EOC Incident Action Plan which includes the following based on the priorities and objectives approved by the Sections Chiefs and EOC Director:
o Planning period (time frame the EOC Incident Action Plan covers) o Clear objective(s)
o Goals
o Assets needed to be deployed to achieve objectives
o Mutual aid requested and when it is expected
o Length of shifts and/or when relief will be needed
 Obtain approval of the EOC Director of each EOC Incident Action Plan and Status Report; distribute the EOC Incident Action Plan and Status Report to ALL EOC staff and to any support agencies, off-site special districts involved in the incident, and any field command posts.

AGENDA ITEM #10.8
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Part II: Supporting Documents
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Intermediate Actions
 Keep the Planning and Intelligence Chief and Situation Assessment Director advised of changing information.
 Gather and assemble the various EAP components into a complete EOC action Plan for each operational period.
 Keep in close communication with the Liaison Officer for clear view of information from other agencies and the Operational Area.

Extended Actions
 Attend all section briefings.
 Keep the Planning/Intelligence Chief advised of all activities and decisions.  Participate in the development of a demobilization plan.  Ensure that the demobilization plan is communicated and/or distributed to all essential groups or agencies.
 Update information and forecasts as objectives are met and new ones are identified.

Keep all others in the EOC advised.
 Participate in a Critical Incident Stress Debriefing Session.  Assist in compiling the Planning/Intelligence Section post incident report.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Advanced Planning Branch and close out logs when authorized by the Planning and Intelligence Chief.
 Leave forwarding phone number where you can be reached.

Supporting E OC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 307 of 523 City of Indio Emergency Operations Plan
Part II: Supporting Documents
City of Indio EOP - Part II Page 4-13

4.2.5 Recovery Planning Unit
POSITION TITLE: Recovery Planning Branch Director
You report to: Planning and Intelligence Chief
Position Overview
The Recovery Planning Unit is responsible for organizing and directing the Recovery Planning in the City.

Responsibilities
 Form a Recovery Planning Team to assist the City in recovering from the incident, utilizing assigned representatives from each City Department affected by the incident.
 Coordinate with the Planning and Intelligence Chief and EOC Director the process of working with the City Manager and business and civic leaders to establish and implement a long-range plan for recovery for the City.
 Insure that the OA is updated on the level and types of damage in the City.

Initial Actions
 Receive briefing from Planning and Intelligence Chief with other Section staff.  Monitor situation status activities and determine the extent of damages to City operations.
 Implement recovery plan for City operations.
 Separate and prioritize tasks and assign to the appropriate department.  Determine how the recovery operations will be financed.

Intermediate Actions
 Establish incident files relating to damage in the City.  Make sure that photographs, videos, and written documentation of the damage has been recorded.
 Formulate a plan with City Departments to facilitate recovery of City Departments.  Work with the business community to formulate a plan for recovery of business operations.
 M
onitor situation status activities and determine the extent of damages to business operations.
 Implement recovery plan for businesses.

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Part II: Supporting Documents
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 Attend the FEMA Applicants Briefing and develop forms for City Departments to use when reporting expenditures which could be reimbursed by the State and/or FEMA.  Be prepared to assist Cal OES and FEMA with a Preliminary Damage Assessment (PDA) of the City.
 Maintain a log of messages sent and received and all significant actions taken.

Maintain record of all personnel participating and their hours on duty.  Update Finance/Administration Section Chief and Planning/Intelligence Section Chief with all pertinent information.

Extended Actions
 Document all actions and decisions on an activity log.  Keep the Planning and Intelligence Chief advised of all activities and decisions.  Attend all Section briefings.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Recovery Planning Branch and close out logs when authorized by the Planning and Intelligence Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
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Part II: Supporting Documents
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4.2.6 Demobilization Unit
POSITION TITLE: Demobilization Unit Leader
You report to: Planning and Intelligence Section Chief

Position Overview
The Demobilization Branch Director is responsible for preparing the demobilization plan to ensure an orderly, safe, and cost effective release of personnel and equipment. The Demobilization Unit Leader is responsible for preparing a Demobilization Plan.

Responsibilities
 Develops plan strategies and general information (personnel and equipment) and their priorities for release.
 Ensures completion and submittal of all required documentation.  Develops a check-out procedure to ensure all deactivated personnel have cleared their operating position.

Initial Actions
 Receive assignment and briefing from the Planning and Intelligence Section Chief.  Review incident resource records to determine probable size of the demobilization effort.
 Assess and fill needs for additional personnel, work space and supplies.  Obtain incident command objectives, priorities and constraints on demobilization.  Meet with Agency Representatives to determine:
 Agencies not requiring formal demobilization
 Personnel rest and safety needs
 Coordination procedures with cooperating/assisting agencies  Be aware of ongoing Operations Section resource needs.  Establish process with Documentation Unit to submit demobilization documents.

Intermediate Actions
 Obtain identification and description of surplus resources and probable release times.
 De termine finance, supply, and other check-out stops.  Evaluate incident logistics and transportation capabilities to support the demobilization effort.
 Prepare demobilization plan (Plan to include the following sections):
 General - discussion of demobilization procedure
 Responsibilities - specific implementation responsibility and activity  Release Priority - according to agency and kind and type of resources

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 Release Procedures - detailed steps and process to be followed  Directories - maps, telephone numbers, instructions, etc.

 Obtain approval of demobilization plan from the Section Chiefs and EOC Director.  Distribute plan to each processing point.
 Ensure that all sections understand their responsibilities within the demobilization plan.
 Monitor implementation of demobilization plan.
 Brief the Planning/Intelligence Section Chief on progress of demobilization.

Extended Actions
 Ensure that all communications are copied to the Message Center.  Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Demobilization Branch and close out logs when authorized by the Planning and Intelligence Section Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
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Part II: Supporting Documents
City of Indio EOP - Part II Page 4-17

4.2.7 Technical Specialists
POSITION TITLE: GIS Specialist
You report to: Planning and Intelligence Section Chief
Position Overview
Technical Specialists are advisors with special skills that may be needed to support a specific incident.

Responsibilities
 Act as a resource to members of the EOC staff in their respective technical specialty.

Initial Actions
 Receive briefing from Planning and Intelligence Chief with other Section staff.  Assess the current emergency and provide necessary information to the Planning/Intelligence Chief relative to projected duration and intensity of the emergency.

Intermediate Actions
 Participate in all EOC briefings and assist in setting objectives and priorities with the Advance Planning Director.
 Provide information to the Logistics Chief relative to special equipment needs.

Extended Actions
 Keep the Planning and Intelligence Chief advised of all activities and decisions.  Ensure that all communications are copied to the Message Center.  Brief your relief at shift change.
 Leave your name, number and place where you can be located if an emergency should occur.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be pr epared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Technical Specialist position and close out logs when authorized by the Planning and Intelligence Chief.
 Leave forwarding phone number where you can be reached

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.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.1 Logistics Section Overview
The Logistics Section’s primary responsibility is to ensure the acquisition, transportation, and mobilization of resources to support the response effort at the disaster sites, public shelters, and the EOC. This section provides all necessary personnel, supplies, and equipment procurement support.

The Logistics Section ensures that all other sections are supported for the duration of the incident. Any personnel, equipment, supplies, or services required by the other sections will be ordered through the Logistics Section. Key units within the Logistics Section include:

• Technology and Communication Unit
• Personnel Unit
• Resource Tracking Unit
• Supply and Procurement Unit
• Facilities Unit
• Food Unit
• Donations and Volunteer Management Unit

These Units work together to determine the short and long-term resource requirements of the EOC and field, and ensure acquisition and maintenance of communications, information technology, and transportation resources and systems; volunteer coordination and donations management; facilities, equipment and supplies; and other logistical support, as needed.

SECTION 5: LOGISTICS SECTION

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5.2 Logistics Section Position Checklists

5.2.1 Logistics Chief
POSITION TITLE: Logistics Chief
You report to: EOC Director
You supervise: All branches and units activated under the Logistics Section Position Overview
The Logistics Section Chief is responsible for managing and coordinating logistical response efforts and the acquisition, transportation, and mobilization of resources.

Responsibilities
 Locate, order, and utilize critical resources in the aftermath of a major disaster.  Maintain both paper and digital copies of all assets available to the City and ensure costs associated with operating those assets are maintained.  Establish the appropriate level of Branch staffing within the Logistics Section.

Monitor the effectiveness of the organization and modify as required.  Ensure adequate trained staff are available to maintain and operate assets before, during and after an emergency.
 Coordinate closely with the Operations Chief to establish priorities for resource allocation to activated Incident Commands within the affected area.  Keep the EOC Director informed of all significant issues relating to the Logistics Section.

Initial Actions
 Receive situation briefing from the EOC Director.
 Activate Logistics Section Staff, as needed.
 Brief Logistics Staff on current situation and develop the Section's initial emergency action plan. Designate time for next briefing.
 Attend damage assessment meetings.

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Intermediate Actions
 Establish a donation center to receive donated goods, if needed. Delegate to the Procurement and Supply Branch the responsibility to manage this area and request staff as needed.
 Obtain information, status of areas and updates regularly from Section Staff. Assist when necessary.
 Attend routine meetings with the EOC Director and Section Chiefs.  Communicate frequently with the EOC Director.
 Obtain needed supplies with assistance of the Finance and Administration Chief, as needed.
 Inform the EOC Director and EOC Manager of the need to coordinate with the Operational Area for mutual aid if unable to obtain requested material, supplies, or personnel through normal channels.

Extended Actions
 Ensure that all communications are copied to the Message Center.  Observe all staff and volunteers for signs of stress and inappropriate behavior.

Report concerns to EOC Director. Provide staff rest periods and relief.  Participate in a Critical Incident Stress Debriefing Session and ensure that all Logistics Section staff and volunteers attend one also.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.

Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Logistics Section Chief position and close out logs when authorized by the EOC Director.
 Leave forwarding phone number where you can be reached.

Supporting E OC Checklists
 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.2 Technology and Communications Unit
POSITION TITLE: Technology and Communications Unit
You report to: Logistics Chief
Position Overview
The position is responsible for managing all computing needs including desktop/laptop computers, network and communications (internet/wireless, telephones, radios, etc.) printing, audio/visual, and other technology needs for the EOC.

Responsibilities
 Coordinate and facilitate telecommunications systems available to establish communications links between the City, Special Districts, essential volunteer agencies, Operational Area, and field command posts. Coordinates computer support for the EOC
Initial Actions
 Receive briefing from the Logistics Chief.
 Assess current status of internal and external telephone systems and radio systems.

Report status to the Logistics Chief.
 Determine status and operability of primary computer systems and applications of City computer support.
 Report status to Logistics Section Chief.
 Inventory information services staff available in the City to assist in the restoration of essential systems. If none available, contact local vendors for services. If still not available, work through the Logistics Section Chief to request mutual aid from the Operational Area.
 Develop an action plan to address the systematic repair/restoration of essential computer systems.
 Activate the City’s “Hot Site” (an area where all City mainframe computers are duplicated and ready to run upon notification), if one has been set up. If not, work with the Finance/Administration Section to determine which computer vendors have a “disaster” clause and will supply the needed equipment. Arrange for such equipment.
 Establish computer needs of the EOC, and in particular, the Planning and Intelligence Section, to support the response activities (e.g., laptop computers for field use) and documentation requirements. Coordinate with the Section Chiefs and the EOC Director

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 Meet with Logistic Section to determine external sources of communications equipment should the need arise.
 Advise the Logistics Chief if there is a need for Amateur Radio support. This should be communicated to the EOC Manager for a request to the Operational Area to provide as mutual aid.

Intermediate Actions
 Establish a mechanism to communicate with field units or command post in the event of a telephone outage or system overload.
 Attend Logistics Section meetings.
 Communicate frequently with the Logistics Chief.
 Coordinate with appropriate vendors for communications and computer support and repair operations.
 Develop an Amateur Radio (RACES) staffing plan with the County RACES Officer, as needed.
 Coordinate communications among various volunteer communications agencies (CV Radio Club, ARIES, etc.).

Extended Actions
 Monitor staff for signs of stress and fatigue. Report concerns to the Logistics Chief.  Develop a plan to transfer computer operations back to City site(s) as soon as feasible and close down any alternative site(s) used during the restoration of the City’s capabilities.
 Observe staff for signs of stress and report concerns to the Logistics Chief.  Provide for staff rest periods and relief.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  De
termine what follow-up to your assignment might be required before you leave.  Deactivate the Communications Branch and close out logs when authorized by the Logistics Chief.
 Leave forwarding phone number where you can be reached.

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Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.3 Personnel Unit Leader
POSITION TITLE: Personnel Unit Leader
You report to: Logistics Section Chief
Position Overview
The Personnel Unit is responsible for ensuring the staffing of the EOC and providing personnel resources as requested in support of the EOC and field operations. This includes developing an EOC organization chart. This unit obtaining, coordinating, and allocating all non-fire and non-law enforcement mutual aid requests; registering and coordinating volunteers as disaster service workers. The unit also has responsibility for maintaining rosters, contact information, and emergency contacts of all personnel resources.

Initial Actions
 Inventory all available staff.
 Establish a Labor Pool area to collect and register all available staff and volunteers.  Coordinate with appropriate City Department Directors or Supervisors to coordinate re-assignment of staff to disaster related jobs.
 Receive requests and assign available staff as needed.  Maintain adequate numbers of available personnel.
 Assist in the maintenance of staff morale.
 Provide guidance to the EOC Director and Management Group regarding any Union issues which may arise in the reassignment of staff to “out-of-class” tasks during the emergency.
 Receive briefing from Logistics Section Chief with other Section Directors. Assist in development of a section emergency action plan.
 Analyze the situation and identify any possible areas where City liability may become an issue.
 Document all actions contemplated and/or taken.
 Establish Labor Pool area and communicate operational status to the EOC Sections and Director as well as to the PIO as a location for volunteers to report, if requested.  Develop or implement the process for registering and swearing in of volunteers as Disaster Service Workers
 Ob tain assistance from all Section Chiefs to establish long term staffing needs.

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Intermediate Actions
 Keep the Logistics Section Chief informed of status and submit any necessary reports.
 Identify activities that may require detailed investigation after the event is controlled.  Develop a staffing plan for all staff increments of time appropriate to the situation and communicate it to all Section Chiefs and EOC Director.  Ensure maintenance of staff time sheets; obtain clerical support if necessary.

Coordinate this with the Documentation Unit (Planning Section) and Finance Section.
 Assist in publishing an informational sheet for employees regarding when and where to report and for volunteers regarding City needs.  Maintain a Message Center in the Labor Pool area for re-assigned personnel.  Brief the Logistics Chief as frequently as necessary on the status of labor pool numbers and composition.

Extended Actions
 Provide summary reports as requested.
 Assist other Finance and Administration and Logistics Section staff members in final documentation of their activities as they relate to fiscal matters.  Provide any other assistance as requested by the Section Chiefs.  Develop staff rest and nutritional area.
 Observe and assist staff who exhibit signs of stress and other fatigue. Report concerns to Logistics Section Chief. Provide for staff rest periods and relief.  Participate in a Critical Incident Stress Debriefing Session and arrange for all City staff and involved volunteers to also attend a session.  Coordinate with demobilization unit to demobilize activated EOC positions and to begin staffing regular City positions as soon as possible.  P articipate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.

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 Determine what follow-up to your assignment might be required before you leave.  Deactivate the Personnel Unit and close out logs when authorized by the Logistics Section Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.4 Procurement and Supply Unit
POSITION TITLE: Procurement and Supply Unit
You report to: Logistics Chief
Position Overview
The Procurement and Supply Unit oversees the purchasing and stocking of critical materials. This includes: Ensuring purchases are made consistent with emergency purchasing procedures; establishing stocks of critical materials in proximity to their use; continuously monitoring purchases tracking costs and critical resources; Ensuring materials are delivered and deployed.

Responsibilities
 Responsible for the management of material resources in support of emergency response actions.
 Expedites the procurement of resources, including nutritional support for the EOC and field command posts.
 Coordinates with the Finance and Administration Section to manage the collection and maintenance of cost data.

Initial Actions
 Receive briefing from the Logistics Chief.
 Meet with and brief all City staff responsible for purchasing supplies for the City.  Establish and communicate the operational status to the Logistics Chief.  Collect and coordinate essential supplies. Prepare to assist with equipment leasing and/or purchase upon request of the logistics chief. Consider transportation needs for equipment and supplies when responding to request.
 Survey all City facilities to develop a supply inventory, to include but not limited to:
 Water
 Food
 Office supplies
 Sanitation services for EOC
 Coordinate with Departments to inventory the equipment and supplies they may have stored and identify the storage location(s).
 D evelop procedures for procurement of supplies, personnel, etc.

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Intermediate Actions
 Track the status of all supplies as “available” location”, not available”, “requested and ETA”, “requested from Operational Area”.

Extended Actions
 Identify additional supply needs. Make request/needs known through the Logistics Chief.
 Keep the Logistics Chief updated on activities and decisions made.  Set up procedures for return of unused supplies.
 Observe and assist staff who exhibit sign of stress or fatigue. Report concerns to the Logistics Chief.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Procurement and Supply Branch and close out logs when authorized by the Logistics Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.5 Facilities Unit Leader
POSITION TITLE: Facilities Support Unit Leader
You report to: Logistics Chief
Position Overview
The Facilities Unit responsibility is to ensure essential facilities are provided for the response effort, including securing access to the facilities and providing staff, furniture, supplies, and materials as necessary to configure the facilities in a manner to accomplish the mission. This unit must also ensure the facilities are maintained and in a clean and sanitary condition and the infrastructure (power, water, HVAC system, and restrooms operate satisfactorily.

Responsibilities
 Ensures acquired buildings, building floors, and workspaces are returned to their original state when no longer needed.
 Locates alternate buildings for City staff to work in either on a short or long term basis, depending upon the situation.

Initial Actions
 Receive briefing from the Logistics Chief.
 Inventory all City owned and/or leased facilities.
 Prioritize those facilities by City use, and request a damage assessment of each one from Public Works Director.
 For any leased buildings used by the City, contact the building owner or manager to obtain a status report. If unable to contact the building owner, request a damage assessment from Operations section.
 Coordinate with Public Works Director to repair any damaged City building.  Determine which City facilities are not functional. Develop a plan to identify which City service must be re-located. Arrange for alternative sites. The Logistics and Finance and Administration Chiefs and the EOC Director must approve the plan and the leasing of any facility.

Intermediate Actions
 Request additional staff to assist in this function from the Logistics Section Chief. 
Track and document all City functions transferred to alternative sites/facilities due to the emergency, to include but not limited to:

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 Address of alternative facility
 City function re-assigned to other facilities
 Building owner or contact person
 Length of lease
 Work with the Procurement and Supply unit and Technology and Communication Unit to obtain necessary supplies needed for City staff to work in alternative sites.

All possible attempts should be made to salvage City equipment and supplies prior to purchase or lease.

Extended Actions
 Keep the Logistics Chief updated on activities and decisions made.  Develop a plan to relocate City staff back to regular work sites as soon as possible.  Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Facility Support Branch and close out logs when authorized by the Logistics Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.6 Resource Tracking Unit
POSITION TITLE: Resource Tracking Unit Leader
You report to: Logistics Chief

Position Overview
The Resource Tracking Branch Unit is responsible for tracking and documenting resources including personnel, critical resources, transportation and support equipment.

Maintains a master list of resources and personnel assigned in support of the EOC goals and objectives. *See Equipment and Transportation Unit below for additional duties.

Responsibilities
 Receives records and passes on information relating to resources already in place, resources requested but not yet on scene, and estimates of future resource needs.  Coordinates closely with the Operations Section (to determine resources currently in place and resources needed).
 Coordinates closely with the Planning and intelligence Section to give updates on resources allocations and needs.
 Post and keeps current all information on the resource status display boards and maps in the EOC.

Initial Actions
 Obtains briefing from the Logistics Section Chief.
 Set up the collection, organization, and display status of incident resources to include allocation, deployment and staging areas.
 Working with the Planning and Intelligence Chief and field command posts obtain as list of resources which have been or need to be ordered.  Obtain necessary equipment and supplies (status boards, marking pens, reporting forms, set up, etc.)
 Establish a check-in procedure of resources at specified incident locations.  M aintain master list of all resources checked in at the incident and personnel responsible for resources that are received.

Initial Actions
 Provide for an authentication system in case of conflicting status reports on resources.
 Provide a resources overview and summary information to Situation Assessment Branch as requested and written status reports on resource allocations as directed by the Logistics Section Chief.

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 Assist in strategy planning based on the evaluation of the resources allocations, resources inbound, and projected resources shortfalls.
 Keep the Operations Chief informed as to available resources.  Make recommendations to Logistics Chief of resources that are not employed or should be deactivated.

Extended Actions
 Monitor staff for signs of stress. Report concerns to the Logistics Chief  Provide for staff relief and rest areas.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Resource Tracking Branch and close out logs when authorized by the Logistics Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.7 Donations Management Unit

POSITION TITLE: Donations Management Unit Leader

You report to: Logistics Section Chief

Position Overview

The Donations Management Unit is responsible for coordination of donations management.

This includes internal organizational elements and resources as well as external partner agencies. The Donations Management Unit Leader supervises the unit, works with the Planning Section staff to identify donation needs of life-safety supplies and services and develops a plan to receive and distribute the resources to affected community members; and coordinates with the Resources Unit to track all donation resources.

Responsibilities
 Develops a donation management plan to support community resource requests.
 Assessing the situation and determining needs for both monetary and in-kind donations.
 Determining priorities for allocating donations
 Establishing mechanisms for receiving and distributing monetary donations.  Serves as point of contact with private sector that want to donate goods and services.

Initial Actions
 Receive briefing from the Logistics section Chief.
 Coordinate with Care and Shelter Branch for any outstanding requests for goods or services.
 Determine what equipment and vehicles are needed and where they need to go for pickups.
 Developing and disseminating public information regarding donations with PIO.  Opening, and operating sites for collecting, storing, and distributing in-kind donations.  Coordinate with Finance and Admin Section Chief regarding City policy on donations.  Identify staff available to work and develop adequate staffing plan so that donations may be dealt with in a timely manner

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Extended Actions
 Update the Logistics Chief of any changes in status of Donations Management Unit.
 Monitor and maintain inventory of donated goods used in the EOC.  Develop a plan for donation services for 24, 48, 72 hours in advance.  Monitor staff for signs of stress and fatigue; plan for staff rest periods.  Participate in a Critical Incident Stress Debriefing Session

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Donations Management Unit and close out logs when authorized by the Logistics Section Chief.
 Leave forwarding phone number where you can be reached

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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5.2.8 Food Unit
POSITION TITLE: Food Unit Leader
You report to Logistics Section Chief
Position Overview
The Food Unit develops and disseminates a feeding plan that identifies cost limits, authorized vendors, catering companies, types of food, special diets, etc. The unit must also set meal schedules; set up and manage eating areas for staff; establish a personnel- feeding account for EOC, staff, and field personnel at local restaurants; and brief all EOC personnel on the location, cost limitations, and incident number used for each location or caterer.

Responsibilities
 Develops a meal plan to support EOC and field operations (i.e. EOC, field units, shelter(s), etc.)
 Establish list of restaurants and caterers that can provide meals with varying menus and safe handling.
 Ensuring food service providers meet appropriate health and safety measures.  Coordinate closely with the Section Chiefs (to determine dietary needs).  Obtaining necessary equipment, supplies, and facilities to establish food service (including hot/cold storage and/or handling. Accounting for shifts working 24 hours.

Initial Actions
 Receive briefing from the Logistics section Chief.
 Coordinate with Personnel Unit for total number of staff for feeding, establish purchase orders with finance section.
 Determine what equipment and vehicles are needed and where they need to go for pickups.
 Identify those vendors with contracts to supply the City with meals during emergency situations. Put these vendors on notice that resources may be needed.  E stablish meal sign in sheets for each meal serves, ensure adequate waste management services are in place to remove and discard food waste.  Identify staff available to work and develop a 24-hour staffing plan so that meals may be dealt with in a timely manner.

Intermediate Actions
 Confirm which streets are impassable and what alternate routes are necessary.  Coordinate this with the Care and Shelter Branch in the Operations Section.

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Extended Actions
 Update the Logistics Chief of any changes in status of equipment and/or caterer cancellations.
 Monitor and maintain inventory of food and water use in the EOC.  Develop a plan for meal services for 24, 48, 72 hours in advance.  Monitor staff for signs of stress and fatigue; plan for staff rest periods.  Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Food Unit and close out logs when authorized by the Logistics Section Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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6.1 Finance and Administration Section Overview
Finance and Administration manages all financial, administrative and cost analysis aspects of the incident and/or any administrative aspects not handled by other functions. Initially, this work may be done in the EOC, but in later stages of the emergency, this function may be accomplished at other locations.

The Finance and Administration Chief is responsible for all fiscal activities related to the disaster situation. The Finance and Administration Section may consist of only one person initially who performs all duties. As an incident grows, if staffing allows, it is likely that the Finance and Administration Section personnel will increase. This section also determines purchasing/spending limits for the procurement function in the logistics section. This unit will need to track and pay all costs related to the incident, with an additional focus on Recovery (both recovery of incident-related costs, as well as other, mainly financial aspects, of long-term community recovery).

There are several important aspects of this function. First, in a major disaster, the state and federal governments will provide certain reimbursements to local jurisdictions.

Tracking local expenditures and damages is necessary to receive reimbursements. If tracking by systematic means is not done during an emergency, it may take years to retrace and document expenditures.

Second, d uring every major disaster, people get hurt, or property is damaged during the response phase. These events usually lead to claims against the responding agency or jurisdiction. The Finance and Administration Section is responsible for investigating all known claims as quickly as possible.

SECTION 6: FINANCE and ADMINISTRATION SECTION

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6.2 Finance and Administration Section Position Checklists

6.2.1 Finance and Administration Chief
POSITION TITLE: Finance and Administration Chief
You report to: EOC Director
You supervise: All units activated under the Finance and Admin Section Position Overview
The Finance and Administration Chief is responsible for the monitoring the utilization of all City financial assets, insuring that all necessary time and expense records are maintained, and that any potential claims against the City are identified and tracked.

Responsibilities
 Oversee the acquisition of supplies and services necessary to meet the demands of the emergency.
 Supervise the documentation of expenditures relevant to the emergency incident.  Oversee the tracking of potential claims against the City.

Initial Actions
 Obtain briefing from the EOC Director.
 Assign, as needed, Purchasing Unit, Compensation and Claims Unit, Accounting and Record-Keeping Unit, and Time Recording Unit; distribute corresponding checklists and position identifiers, (i.e., vests).
 Confer with Finance/Administration Section staff after meeting with the EOC Director to develop the Section's priorities.
 Establish a Financial/Administration Section area in the EOC. Ensure adequate documentation/recording personnel are requested.

Intermediate Actions
 Obtain briefings and updates from EOC Director as appropriate. Relate pertinent financial status reports to appropriate Chiefs and Directors.  Advise all City department heads as to the coordination of financial accountability for extraordinary expenditures in response to the emergency.  Participate in routine briefings held by the EOC Director.  S chedule planning meetings with Section Directors to update/revise the section's priorities.

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Extended Actions
 Observe all staff and volunteers for signs of stress and inappropriate behavior.

Report concerns to EOC Director. Provide for staff rest periods and relief.  Participate in a Critical Incident Stress Debriefing Session and ensure that all Finance/Administration staff and volunteers attend.
 Assist in implementation of the documentation portion of the incident demobilization plan.
 Assist the Recovery Planning Unit in the Planning/Intelligence Section with the tracking of all claims for reimbursement and submittal of the proper documentation.  Provide a Finance/Administration Section Debriefing paper to the Planning/Intelligence Section.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Finance and Administration Chief position and close out logs when authorized by the EOC Director.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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6.2.2 Purchasing Unit
POSITION TITLE: Purchasing Unit Leader
You report to: Finance and Administration Chief
Position Overview
The Purchasing Unit is responsible for the documentation of equipment and personnel usage costs, supplies/material purchase orders/invoices, contract purchase orders/invoices, and journal vouchers relating to the emergency. In addition, this branch is responsible for the provision of cost information for the processing of all financial reimbursement claims and working closely with the Logistics section.

Responsibilities
 Document personnel and equipment usage costs.
 Document supplies/material purchase orders/invoices.
 Document contract purchase orders/invoices.
 Document journal vouchers relating to the emergency.
 Provide cost information for the processing of all financial reimbursement claims.

Initial Actions
 Receive assignment and briefing from the Finance and Administration Section Chief.  Set up any necessary special account numbers or project codes to track expenses for the emergency.
 Provide all sections with appropriate accounting forms and/or information necessary for cost recovery.
 Ensure the separate accounting of all purchases specifically related to the incident.  Coordinate with the Procurement and Supply Unit in the Logistics Section.

Intermediate Actions
 Provide any required fiscal reports concerning the incident  Keep the Finance and Administration Chief informed of status.  Coordinate with the Finance and Administration Chief to identify any special or unusual type of record keeping or necessary documentation.  E nsure that all purchases are in accordance with set procedures.

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Extended Actions
 Ensure that all communications are copied to the Message Center.

 Provide summary reports as requested on expenditures due to the emergency.  Assist other Finance and Administration and Logistic Section staff members in final documentation of their activities as they relate to fiscal matters.  Assist the Finance and Administration staff in development of a Finance debriefing paper for Planning/Intelligence Section.
 Provide any other assistance as requested by the Finance and Administration Chief.  Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Purchasing Branch and close out logs when authorized by the Finance and Administration Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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6.2.3 Compensation and Claims Unit
POSITION TITLE: Compensation and Claims Unit
You report to: Finance and Administration Chief
Position Overview
The Compensation and Claims Unit is responsible for investigating and processing physical-injury and property damage claims arising from an emergency/disaster.

Responsibilities
 Collecting and processing all information for all forms required by workers compensation and local agencies.
 Maintaining files of all injuries and illnesses associated with the personnel active in the EOC or field.
 Participates in the assessment of damages to City owned property for possible reimbursement from insurance companies.

Initial Actions
 Receive assignment and briefing from the Finance and Administration Section Chief.  Coordinate with Safety Officer to identify any safety concerns associated with injuries/claims.
 Completing all forms required by workers compensation programs and local agencies
Intermediate Actions
 Keep the Finance and Administration Chief informed of status and submit any necessary reports.
 Identify any special or unusual type of record keeping or documentation necessary.  Identify activities that may require detailed investigation after the event is controlled.

Extended Actions
 Provide summary reports as requested.
 Assist other Finance and Administration and Logistic Section staff members in final documentation of their activities as they relate to fiscal matters.  Provide any other assistance as requested by the Finance and Administration Chief.  P articipate in a Critical Incident Stress Debriefing Session

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City of Indio EOP - Part II Page 6-7

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Compensation and Claims Branch and close out logs when authorized by the Finance and Administration Chief
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

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6.2.4 Cost Accounting Unit
POSITION TITLE: Cost Accounting Unit Leader
You report to: Finance and Administration Chief

Position Overview
The Cost Accounting Unit Leader is responsible for recording all incident cost data, analyzing and preparing estimates of costs and maintaining accurate records of costs.

Responsibilities
 Collects all cost data, performing cost effectiveness analyses, providing cost estimates and cost saving recommendations for the incidents.  Responsible for the provision of cost information for the processing of all financial reimbursement claims.

Initial Actions
 Receive briefing from the Finance and Administration Section Chief.  Provide all sections with appropriate accounting forms and/or information necessary for cost recovery.
 Ensure the separate accounting of all purchases specifically related to the incident.  Verify with all Section Chiefs that cost related documents are being sent to you. If no plan has been developed, prepare a plan and share with all Section Chiefs.  Coordinate with the Finance and Administration Section Chief on cost reporting procedures.
 Obtain and record all cost data.
 Prepare incident cost summaries.
 Prepare resources-use cost estimates for planning.

Intermediate Actions
 Make recommendations for cost savings to Finance and Administration Section Chief.
 Maintain cumulative incident cost records.
 Insure that all cost documents are accurately prepared.  Provide any required fiscal reports concerning the incident.  C oordinate with the Finance and Administration Chief to identify any special or unusual type of record keeping or documentation that is necessary.  Brief the Finance and Administration Chief on current problems, recommendations, outstanding issues, and follow-up requirements

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Extended Actions
 Ensure that all communications are copied to the Message Center.  Provide summary reports as requested on expenditures due to the emergency.  Provide for records security which may include keeping copies of records at a remote site.
 Provide any other assistance as requested by the Finance and Administration Chief.  Participate in a Critical Incident Stress Debriefing session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Cost Accounting Unit and close out logs when authorized by the Finance and Administration Chief.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
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6.2.3.1 Time Recording Unit Leader
POSITION TITLE: Time Recording Unit Leader
You report to: Cost Accounting Unit Leader
Position Overview
The Time Recording Unit Leader maintains records of all personnel time worked at the emergency, which includes all volunteers that may or may not be previously registered as Disaster Service Workers.

Responsibilities
 Maintain records of all personnel time worked at the emergency, including volunteer time.

Initial Actions
 Receive assignment and briefing from the Accounting and Record Keeping Branch Director
 Ensure the documentation of personnel hours worked and volunteer hours worked in all areas relevant to the City emergency response. Confirm the use of the Emergency Incident Time Sheet by all Section Chiefs.
 Set up any necessary special account numbers to track personnel costs for the emergency.
 Provide all Sections with appropriate emergency incident time sheets, forms, and/or information necessary for cost recovery.
 Ensure the separate accounting of all purchases specifically related to the incident.  Ensure that daily personnel time recording documents are prepared and compliance to time policy is met.
 Brief the Accounting and Record Keeping Branch Director on current problems, recommendations, outstanding issues and follow-up requirements.

Intermediate Actions
 Make sure that copies of all records go to the Documentation Director in the Planning/Intelligence Section at end of shift.
 Keep the Accounting and Record Keeping Branch Director informed of status.  Provide summary reports as requested on expenditures due to the emergency.  Coordinate with the Accounting and Record Keeping Branch Director to identify any special or unusual type of record keeping or documentation that is necessary.

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Extended Actions
 Ensure all communications are copied to the Message Center.  Time reports from assisting agencies should be released to the respective agency representatives prior to demobilization.
 Provide any other assistance as requested by the Accounting and Record Keeping Branch Director.
 Participate in a Critical Incident Stress Debriefing Session.

Demobilization
 Ensure that all required forms or reports are completed prior to your release and departure.
 Be prepared to provide input to the After-Action Report.  Determine what follow-up to your assignment might be required before you leave.  Deactivate the Time Recording Branch and close out logs when authorized by the Accounting and Record Keeping Branch Director.
 Leave forwarding phone number where you can be reached.

Supporting EOC Checklists

 1.4.1 EOC Activation
 1.4.2 Shift Start-up
 1.4.3 On-going Activities
 1.4.4 Shift Completion
 1.4.5 Demobilization

AGENDA ITEM #10.8
Resolution No. 10397 adopting the City of Indio Emergency Operations Pla... Page 343 of 523 City of Indio
City Council
October 4, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Approval of a Five-Year Master Services Agreement between the City of Indio and Flock Group Inc. for the lease of 45 Flock Safety Automatic License Plate Recognition cameras, in the amount of $586,750.

RECOMMENDATION:

Approve the Five -Year Services Agr eement between the City of Indio and Flock Group Inc. for the lease of 45 Flock Safety Automatic License Plate Recognition cameras, in the amount of $586,750, in the form approved by the City Attorney and authorize the City Manager to execute the agreement and related forms on behalf of the City.

SUMMARY:

Our current Automatic License Plate Recognition Camera program is successful in generating public safety leads to help aid Police Department personnel in locating vehicles of interest e.g., a stolen vehicle, a missing adult, or a potential vehicle used in a crime. The City currently has a one -year agreement with Flock Safety for twenty (20) cameras at $2,500 per camera, per year. Staff is proposing adding an additional twenty-five (25) cameras to the existing program. Flock Safety recently notified the City of its intent to raise the fee per camera to $3,000; however, the vendor is offering promotional pricing at the current rate of $2,500 should the City enter into a five -year agreement.

Provided the existing relationship with Flock Safety, Staff is recomme nding entering into a five -year agreement to protect the City from the current and future price increases per camera. The promotional pricing represents $120,000 cost-savings over the five-year term.

BACKGROUND INFORMATION:

Flock Safety provides crime-fighting technology (cameras and software) under a service subscription model. Flock Safety’s service is a flat annual fee that includes: ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days of unlimited data storage, LTE connectivity, solar panels, poles, mounting equipment, and monitoring. Flock Safety provides all supplies and equipment under standard operating procedures and complies with all government regulations and workplace safety guidelines. If the City of Indio chooses not to renew the agreement, Flock Safety will remove the cameras. The City retains discretion in terminating the agreement provided a ninety-day written notice.

Flock Safety is a public safety operating system that helps communities and law enforcement (in over one thousand cities nationwide) work together to eliminate crime, protect privacy, and mitigate bias.

Other local Southern California government agencies currently using Flock Systems include the Los Angeles Sheriff’s Department, Azusa Police Department (PD), Covina PD, West Covina PD, and the AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 344 of 523 City of Redlands. Within Riverside County, the Sheriff's Department, as well as the cities of Beaumont, Canyon Lake, Cathedral City, Corona, Desert Hot Springs, Hemet, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, San Jacinto, Temecula, and Wildomar are also on the system.

The original services agreement with Flock Safety was approved at the January 13, 2022, City Council meeting. The current ALPR program has been a great tool in assisting the Police Department in generating public safety investigative leads. Since the inception of the program, we have recovered over eighteen (18) stolen vehicles and arrested numerous felony suspects due to leads generated by the program.

Flock Safety is the only fully integrated ALPR one-stop solution from the production of the camera to delivery and installation. The camera utilizes motion capture to start and stop recording with machine learning and artificial intelligence, which allows Flock Safety to capture vehicle characteristics without the need for a reflective license plate.

The Indio Police Department is also requesting that the lease of the Flock Safety system be conducted pursuant to the “limited availability/sole source” exemption under Section 33.116(C)(4)(b) of the Indio Municipal Code. This section permits a sole source purchase when the equipment is of a proprietary nature as well as when the equipment is specifically desired for purposes of maintaining cost-effective system consistency. In this case, the Flock Safety equipment has proprietary patented technology which makes their system unique as well and they are the sole manufacturer and distributor of the Flock Safety Autom atic License Plate Recognition (ALPR) Camera (Attachment 2). Flock Safety is also the sole provider of comprehensive monitoring, processing, and machine vision services that integrate with the Flock Safety Camera.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$122,750 In current year budget: Yes
Current FY General
Fund Impact:
$122,750 Budget adjustment: No
Next FY Financial
Impact:
$116,000 Strategic Objective: Public Safety
Source of funds: General Fund - Police
Administration Fund-Org-Object
Reference:
1014211-521064 (Other
Professional & Technical
Services)

Additional Financial Details:

FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28
One-Time
Camera
Implementation
Fee
$ 6,750 $0 $0 $0 $0
Recurring
Annual
Subscription
Costs
$ 116,000 $ 116,000 $ 116,000 $ 116,000 $ 116,000 Total $ 122,750 $ 116,000 $ 116,000 $ 116,000 $ 116,000

ATTACHMENTS:

Attachment 1: Indio PD x Flock - 5-year UPDATED

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 345 of 523 Attachment 2: Flock Safety - Sole Source 2023

APPROVAL(S):

Mike Washburn, Chief of Police Approved - 26 Sep 2023
Steven Graham, City Attorney Approved - 26 Sep 2023
Alan Garcia, Accountant Approved - 26 Sep 2023
Bryan H. Montgomery, City Manager Approved - 27 Sep 2023

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 346 of 523

Flock Safety + CA - Indio PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Anton Benbalit
[email protected]
2064321524

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 347 of 523 Company Overview

At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Out-of-Box Software Features

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 348 of 523 Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:

●Vehicle make
●Body type
●Color
●License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
●Decals
●Bumper stickers
●Back racks
●Top racks
National and Local Sharing

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one- toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the
most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*

*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department

Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.

√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera that
captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.

√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance

Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 351 of 523 User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

EXHIBIT A

ORDER FORM
Customer: CA - Indio PD Initial Term: 60 Months
Legal Entity Name: CA - Indio PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 46800 Jackson St Indio, California 92201 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

FlockOS ™ Included 1 Included
Item Cost Quantity Total
Flock Safety Platform $116,000.00
Flock Safety Flock OS

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 352 of 523 Flock Safety LPR Products
Flock Safety Falcon ® Included 45 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $3,500.00 1 $3,500.00

Professional Services and One Time Purchases

Professional Services - Standard Implementation Fee $650.00 6 $3,900.00 Professional Services - Existing Infrastructure
Implementation Fee

$150.00 19 $2,850.00
Subtotal Year 1: $122,750.00
Annual Recurring Subtotal: $116,000.00
Discounts: $120,000.00
Estimated Tax: $0.00

Contract Total: $586,750.00

Special Terms:
• In the event that Flock products or Flock Services are no longer permitted by the laws governing Customer's jurisdiction, Customer may terminate this Agreement with no penalty. If Customer has pre-paid any amounts for the Term, Customer shall not receive any refunds.

Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $122,750.00
Annual Recurring after Year 1 $116,000.00
Contract Total $586,750.00
*Tax not included
Discounts

Discounts Applied Amount (USD)
Flock Safety Platform $112,500.00
Flock Safety Add-ons $7,500.00
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services

AGENDA ITEM #10.9
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AGENDA ITEM #10.9
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Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description

Package: Essentials

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access)
Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search
Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page
Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC.

Customer: CA - Indio PD

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PO Number:

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By:

Name:
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Title:
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Title:

Date:
\FSDateSigned2\

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Date:

AGENDA ITEM #10.9
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Master Services Agreement

This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 08 day of September 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);

WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services;

WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT

NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 357 of 523 Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

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1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form

AGENDA ITEM #10.9
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2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance

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Approval of a Five-Year Master Services Agreement between the City of In... Page 360 of 523 (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they

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Approval of a Five-Year Master Services Agreement between the City of In... Page 361 of 523 do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges

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4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from

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Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use,

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6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and

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7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Customer may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving ninety-day advanced written notice of termination to Flock. If Customer has pre-paid any amounts for the Term, Customer shall not receive any refunds. If Customer has any fees due to Flock for the remaining Term, Customer will remit payment to Flock upon thirty (30) days receipt of invoice. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

In the event that Flock products or Flock Services are no longer permitted by the laws governing Customer's jurisdiction, Customer may terminate this Agreement with no penalty. If Customer has pre-paid any amounts for the Term, Customer shall not receive any refunds.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6.

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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

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LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS

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LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should

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10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

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11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

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11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software

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11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

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ADDRESS:

ATTN:

EMAIL:

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EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i)Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii)Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii)Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv)Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 375 of 523 (v)Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 376 of 523 SoleSourceLetter for FlockSafety®ALPRCamerasandSolution FlockSafety®isthesolemanufacturer anddeveloper of theFlockSafety®ALPRCamera.FlockSafety®isalsothesoleprovider of thecomprehensivemonitoring, processing, andmachinevisionserviceswhichintegratewiththeFlockSafety®ALPRCamera.

TheFlockSafety®ALPRcameraanddevicesaretheonlyLawEnforcement GradeALPRSystemtooffer thefollowingcombinationof proprietaryfeatures:

1. VehicleFingerprint Technology®:○ Patentedproprietarymachinevisiontoanalyzevehiclelicenseplate, staterecognition, andvehicleattributessuchascolor, type, makeandobjects(roofrack, bumper stickers, etc.) basedonimageanalytics(not car registrationdata)○ Machinevisiontocaptureandidentifycharacteristicsof vehicleswithapaperlicenseplateandvehicleswiththeabsenceof alicenseplate○ Abilityto‘SaveSearch’ basedondescriptionof vehiclesusingour patentedVehicleFingerprint Technologywithout theneedfor alicenseplate, andset upalertsbasedonvehicledescription○ OnlyLPRprovider with“Visual Search” whichcantransformdigital imagesfromanysourceintoaninvestigativeleadbyfindingmatchingvehiclesbasedonthevehicleattributesintheuploadedphoto○ FlockSafetyFalconFlex™: aninfrastructure-free, location-flexiblelicenseplatereader camerathat iseasytoself install. FlockSafetyFalconFlex™tiesseamlesslyintotheFlockSafety®ecosystemwithasmall andlightweightcamerawiththeabilitytoreadupto30,000licenseplatesandvehicleattributesonasinglebatterycharge

2. IntegratedCloud-Software&HardwarePlatform:○ Abilitytocapturetwo(2+) lanesof trafficsimultaneouslywithasinglecamerafromavertical mass○ Best inclassabilitytocaptureandprocessupto30,000vehiclesper daywithasinglecamerapoweredexclusivelybysolar power○ Wirelessdeployment of solar poweredlicenseplatereadingcameraswithintegratedcellular communicationweighinglessthan5lbsandabletobepoweredsolelybyasolar panel of 60Wor less○ Webbasedfootageretrieval tool withfilteringcapabilitiessuchasvehiclecolor,vehicletype, vehiclemanufacturer, partial or full licenseplate, stateof licenseplate, andobject detection 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 377 of 523 ○ Utilizesmotioncapturetostart andstoprecordingwithout theneedfor areflectiveplate○ Motiondetectionallowsfor uniquecasessuchasbicyclecapture, ATV,motorcycle, etc.○ Ondevicemachineprocessingtolimit LTEbandwidthconsumption○ Cloudstorageof footage○ Covert industrial designfor minimizingvisual pollution

3. Transparency&Ethical Product Design:○ One-of-a-kind“TransparencyPortal” public-facingdashboardthat detailsthepoliciesinplacebythepurchaser, aswell asautomaticallyupdatedmetricsfromtheFlockSafety®system○ Built-inintegrationwithNCMECtoreceiveAMBERAlertstofindmissingchildren○ Privacycontrolstoenablecertainvehiclesto“opt-out” of beingcaptured

4. IntegratedAudio&Gunshot Detection:○ Nativelyintegratedaudiodetectioncapabilitiesutilizingmachinelearningtorecognizeaudiosignaturestypical of crimesinprogress(e.g., gunshots)

5. LiveVideoIntegration:○ Abilitytoapplycomputer visiontothird-partycamerasusingFlockSafetyWing®LPR, transformingthemtoevidencecapturedevicesusingthesameVehicleFingerprint®technologyofferedontheFlockSafetyFalcon®ALPRcameras○ FlockSafetyWing®Livestreamintegrateslivestreamtrafficcameras, publiclyorprivatelyownedlivestreamsecuritycamerasintoonecloud-basedsituationalawarenessdashboardtoincreaseresponsetimeinmission-critical incidents○ Managevariousgovernment intelligenceincludingALPR, livestreamcameras,CAD, automaticvehiclelocation(AVL) onFlockSafetyWing®Suite○ AbilitytoaccessliveandrecordedvideousingFlockSafetyCondor™, asubscriptionvideosolutionwhichallowsofficerstoremotelyviewinstant replayofdownloadableliveon-scenevideowithPTZcontrolsand25Xoptical zoomwithout theneedfor additional cameranetworkset-up, installation, or up-keep

6. Situational Awareness:○ FlockOS™istheworld’sfirst andonlypublicsafetyoperatingsystemcompatiblewithFlockSafety™livestreamingfixedandPTZCondor camera, FlockSafetyRaven™gunshot audiodetection, whileseamlesslyintegratingfirst and 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 378 of 523 third-partydataacrossvideo, LPR, andaudiotodeliver real-timeintelligenceandretroactivecrimesolvinginasingle-panereal-timecrimecenter○ Abilitytoenhancesituational awarenesscapacitybylayeringall intelligencestreamsontotheFlockOS™ESRI-basedmap○ FlockOS™featuresFlockSafety™uniqueReal-TimeRoutingfeaturethatanalyzesvariousdatasourcestodeterminewhereasuspect vehiclehasbeenandits’ directionof travel providinguserswithpossibleoutcomesbasedonaconfidencethreshold

7. Partnerships:○ FlockSafety®istheonlyLPRprovider toofficiallypartner withAXONtobenativelyanddirectlyintegratedintoEvidence.com○ FlockSafety®istheonlyLPRprovider tobefullyintegratedintoadynamicnetworkof AXON’sFleet 3mobileALPRcamerasfor patrol carsandFlockSafetyFalcon®cameras○ Accesstoadditional cameraspurchasedbyour HOAandprivatebusinesspartners, meansanever-increasingamount of camerasanddataat noadditionalcost

8. Warranty&Service:○ Lifetimemaintenanceandsupport includedinsubscriptionprice○ FlockSafety®istheonlyfullyintegratedALPRone-stopsolutionfromproductionof thecameratodeliveryandinstallation○ Performancemonitoringsoftwaretopredict potential failures, obstructions, tilts,andother critical or minor issues Thankyou,
Garrett LangleyCEO, FlockSafety®
1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

AGENDA ITEM #10.9
Approval of a Five-Year Master Services Agreement between the City of In... Page 379 of 523 City of Indio
City Council
October 4, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach Plan

RECOMMENDATION:

Approve the City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach Plan.

SUMMARY:

The Sustainability Commission (Commission) was established in 2014, and in 2020 was tasked to create a Sustainability Plan to recommend for adoption by the City Council. The Commission created a joint Sustainability Plan and Annual Work Plan that allows th e work plan to be easily and directly connected to the goals of the Sustainability Plan. The overall Plan was approved in 2022. The Commission has now completed the FY 23/24 Work Plan and Outreach Plan.

BACKGROUND INFORMATION:
.

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

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

In 2020, the City Council approved Ordinance No. 1750 which included §32.12 Sustainability Commission Establishment and Du ties that tasked the Commission to develop and recommend for adoption by the City Council a Sustainability Plan. The Sustainability Plan was approved in 2022. At this time, the Commission is requesting approval of the FY 23/24 Work Plan and Outreach Plan. The Work Plan continues projects from the previous work plan and includes new initiatives including zero waste. Each work project is detailed in a project sheet within the FY 23/24 Work Plan and Outreach Plan (Attachment 1). The creation of an outreach plan was approved in the previous work plan.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 380 of 523 Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

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

N/A

Additional Financial Details:

There is no fiscal impact to the City due to adopting the Sustainability Commission FY 23/24 Work Plan and Outreach Plan.

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 26 Sep 2023 Steven Graham, City Attorney Approved - 27 Sep 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 27 Sep 2023 Bryan H. Montgomery, City Manager Approved - 27 Sep 2023

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 381 of 523 ATTACHMENT 1

CITY OF INDIO SUSTAINABILITY COMMISSION
FY 23/24 WORK PLAN AND OUTREACH PLAN

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 382 of 523

City of Indio
Sustainability Commission
Sustainability Plan and FY 23/24 Annual Work
Plan Draft

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 383 of 523 1 About the Sustainability Commission
The City Council created the Sustainability Commission in 2014 and the Commission held the first meeting on February 23, 2015. Shortl y after , the C ommission created the following mission statement:

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

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

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

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

Commissioners
Chair Anetha Lue 2021
Vice Chair Morgen Bentsen 2021
Commissioner Pete Chryss 2022
Commissioner Alaciel Vasquez 2022

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 384 of 523 2 Process
The commission began the process of developing a Sustainability Plan by considering other plans that have been developed for the City including the General Pl an 2040, Climate Action Plan and Complete Streets. These plans have been through robust public engagement and contain multiple actions that affect sustainability in Indio either directly or indirectly. This plan lists possible projects to move toward sustainability and these projects are a mix of actions taken from these previous city plans and ideas discussed in the commission. Where actions are taken directly from previous plans that have been adopted by the city, a reference to that plan is included using the following notations:

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

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

Sustainability Plan
Regulations
Climate
Action Plan
General
Plan
Update

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 385 of 523 3 Partnerships and Collaborating Efforts

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

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

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

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

Clean Cities Coachella Valley hosted by SunLine Transit Agency

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

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

Limitations of the Plan

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

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 386 of 523 4 city departments have opportunity and responsibility to undertake initiatives that affect sustainability.

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

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

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

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

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 387 of 523 5 Framework
The commission considered outlines and information from several other sustainability and climate actions plans including the Los Angeles Green New Deal, Palm S prings Sustainability Plan and the Michigan Climate Action Plan A2Zero.

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

1. Clean Energy

2. Low Greenhouse Gas Environment

3. Zero Waste

4. Water Resources

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

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 388 of 523 6 Goal 1: Clean Energy
Objectives:

Increase Local Renewable Energy Generation
Mandates:

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

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

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

What residents can do:

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

Annual Work Plan
Annual Work
Plan
23/24
Learn more about
digesters or other local
renewable energy
options.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 389 of 523 7 Clean Energy Accomplishments
• Solar panels at City Hall, Teen Center, IWA Facilities • EV Arc to power fleet zero emission vehicles
• Partnership with GRID Alternatives
• Soofa Solar Bench at Indio High School
• Food Waste to Biogas Study
• Community Greenhouse Gas Update that showed a 26 percent GHG reduction in community emissions resulting in a Beacon Spotlight Award from the Institute of Local Government.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 390 of 523 8 Goal 2: Low Greenhouse Gas Environment
Objectives:

Decrease greenhouse gas emissions and increase EV charging infrastructure Mandates:

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

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

Annual Work
Plan
23/24
Identify Potential
EV Charging
Station Locations
Consider incentives
for EV chargers
installations
Increase the
amount of EV
Chargers in Indio
through grants or
AB2766 Funding

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 391 of 523 9 Low Greenhouse Gas Environment Accomplishments
• Upgrades at City Hall (HVAC, Lighting, Software)
• Streetlight LED replacement
• Bigbelly smart solar waste and recycling receptacles
• Partnership with GRID Alternatives
• Complete a Greenhouse Gas Inventory 2010 and a Greenhouse Gas Inventory Update (2016)
• City employee 9/80 schedule reduced VMT (Vehicle Miles Traveled) • Property Assessed Clean Energy Financing

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 392 of 523 10 Goal 3: Zero Waste
Objectives:

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

Mandates:

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

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

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

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

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

Annual Work Plan

Annual Work Plan
23/24
Provide indoor waste,
recycling and organics
containers to businesses
Develop outreach Plan
Hold Sustainability Collection
Events
Consider Zero Waste
Initiatives

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 393 of 523 11 This program would bring varied regulations and sustainability efforts into a more efficient platform. Many commercial facilities require storm water inspections and will soon require waste inspections. Compliance requirements can be brought together into one annual visit that also supports sustainability and builds positive business relations by including water and energy conservation tips. • Start Food Waste Diversion Program at Senior Center
What residents can do:

Put only clean dry items in the recycle bin

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

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

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

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 394 of 523 12 Zero Waste Accomplishments
• Sustainability Collection Events (oil, oil filters, compost exchange, shredding, electronic waste and waste tires)
• Household Hazardous Collection events
• Battery collection program
• Install bottle filling stations at parks and city facilities • Single-use Plastic Bag Ban
• Provide waste and recycling containers to schools and businesses

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

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 395 of 523 13 Goal 4: Conserve Water Resources and Ensure a Sustainable Water Supply
Objectives:

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

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

Mandates:

SB606, AB1668 and SB 1157 Water Conservation and Drought Planning

SB606 and AB1668 was legislation passed in 2018 to make water conservation a way of life. The legislation requires the establishment of water use objectives and long-term water efficiency standards. Ultimately, each urban water supplier will be given a “water use objective” similar to a water budget, that is comprised of indoor residential water use, outdoor residential water use, commercial, industrial and institutional (CII) irrigation, water loss, variances and other unique local uses. It is the responsibility of the water supplier to develop and implement the necessary policies, programs and projects to ensure compliance with the water use objective within its service area.

The law initially sets the indoor residential standard to 55 gallons per capita per day.

Additional legislation passed in 2022 (i.e. SB 1157) will gradually reduce the indoor residential standard from 55 to 42 gallons starting on January 1, 2030. The State Water Board continues to conduct public stakeholder workshops at this time and estimates summer 2024 to be the timeframe for the water use objective to go into effect. Water suppliers will be required to complete annual reporting to demonstrate efforts and progress.

California Water Code Section 10632.1

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

The report will provide information to DWR with information for any anticipated shortage, triggered shortage response actions, compliance and enforcement actions and communication actions consistent with the supplier’s Water Shortage Contingency Plan.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 396 of 523 14 SB 555

Senate Bill 555, adopted in 2015 during the last drought, requires urban retail water suppliers to complete water loss audits focused on water systems. Efforts are currently underway by the State Water Board to develop water loss performance standards for urban retail water suppliers.

Possible Projects:

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

What residents can do:
• Remove turf and replace with drought tolerant landscaping (rebates are available).
• Replace indoor and outdoor appliances with water efficient toilets, clothes washers, and/or smart irrigation controllers (rebates are available). • Eliminate water waste (e.g. avoid excess water runoff to sidewalks and walkways)
• Fix indoor and outdoor leaks as soon as possible.
• Register to be a Dropcountr user. Dropcountr is a free online portal for customers to view their water usage, receive alerts, and pay bills online. • Visit the Indio Water Authority website (www.indiowater.org ) to learn about
current rebates and conservation tips.

Conserve Water Resources Accomplishments
• Secured grant funding to support conservation rebate programs. • Prepared and adopted the Water Shortage Contingency Plan, which outlines how the City of Indio will respond in the event of a water shortage.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 397 of 523 15 • Implement actions as specified in Stage 2 of Water Shortage Contingency Plan during the 2022 dry period.
• Completed the annual WY21-22 Indio Subbasin report, which summarizes water storage levels in the basin. Data shows the region’s ongoing programs for source substitution and water conservation measures continue to help restore groundwater levels, despite reduced State Water Project deliveries due to climate change this past year. • Coordinated conservation messaging via CV Water Counts to ensure consistent regional messaging with water agencies in the Coachella Valley. Messaging avenues include dedicated the annual CV Water Counts Academy, dedicated website, billboards, ads, and newsletter. • In-person outreach at various community events and regular messaging via bill inserts to promote water conservation and rebates. • Launch of a new customer engagement portal, Dropcountr, for customers to view water usage, receive alerts and pay bill online. A mobile app is a new feature for customer use.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 398 of 523 16 Goal 5: Sustainable Environment, Land Use and Transportation Objectives:

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

Mandates:

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

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

What residents can do:

Become active with the city of Indio
Sustainability Commission

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

Join a neighborhood clean-up event

Plant trees and that plants support pollinator species

Annual Work Plan
23/24
Increase bike lanes per
Complete Streets Master
Plan
Create a neighborhood
Clean-up Program
Clean California Grant
Projects

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 399 of 523 17 Sustainable Environment, Land Use and Transportation Accomplishments • Complete Streets and Drainage Master Plan
• Traffic light Synchronization Projects
• Safe Routes to Schools Master Plan
• General Plan 2040
• Transformative Climate Communities Planning Grant
• Added 14 center line miles of bike lanes in the last three years

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 400 of 523 18 Sustainability Calendar 2023

January 5 National Bird Day
February 26 Indio Trails Day
March

22 World Water Day

April

22 Earth Day

May

19 Bike to Work Day

June

8 World Oceans Day

July 14 Indio Zero Waste Day
August

19 National Honey Bee Day

September

21 Zero Emissions Day

October

5 Energy Efficiency Day (USA)

November

TBD

Indio Arbor Day

December TBD Indio Recycles Day

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 401 of 523 19 Table 2023 Work Plan
In 2023, the Commissioners agreed to support to specific areas of sustainability.

Chair Lue Zero Waste
Vice Chair Bentsen Water/Electricity
Commissioner Chryss Outreach
Commissioner Vasquez Electricity, solar and other renewable energy

Project Goals Status
Learn about digesters and other
renewable energy options Clean Energy Continued in
2023
Increase installations of EV Charging
Stations in the City
Low Greenhouse
Gas Environment
Continued in
2023
Provide Indoor Recycling and Organics
Containers to Businesses Zero Waste Continued in
2023
Develop Outreach Plan All/Outreach Continued in
2023
Hold Sustainability Collection Events Zero Waste Continued in 2023
Increase the number of waste receptacles
in the city
Sustainable
Environment New
True Zero Waste Initiatives for commercial
Sector Zero Waste New
Consider a permanent household
hazardous waste facility in Indio Zero Waste Paused in 2022 Water Conservation Efforts Conserve Water
Resources
Continued in
2023
City Beautification Indio Lindo Sustainable
Environment New

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

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

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

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Increase EV Charging Stations in
the City

SUMMARY
Consider Recommendations to Increase EV Charging Stations in the City.

STATUS
Low Greenhouse Gas Environment - In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Identify Potential Locations Complete
April 2023
Locations are verified through city
personnel. Feasibility and grid vs
solar options are not fully analyzed.

Identify Current Incentives and Consider
Additional Incentives
In progress
Outline and Record Evaluations to Determine
what policy or Incentives to Consider
Complete 4/26/2022 Sara to Send out outline for
discussion at 4/26/2022 meeting. –
Delayed
New due date 11/28/2022.

Discussion document to
Commission at January 23, 2023
meeting.

Add grid EV chargers to the Corporate Yard On hold Video Voice Data Voltaic Division came out to assess the site and
estimate costs. CFI grant
announced immediately after
assessment.

DOT Charging and Fueling Infrastructure Grant
(CFI)
In progress Grant
application
due May
30, 2023
City approved to apply for the
grant. Funding for Corporate Yard
chargers would be used for
required matching funds.

Submit DOT CFI grant application Grant
application
due date
extended
to

6.13.2023
Application successfully submitted
including a Letter of Support from
the Sustainability Commission
signed by the Chair.

BUDGET

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CATEGORY SPENT NOTES
$150,000 The Commission is working to leverage these funds with other air quality funding such as MSRC and SCAQMD.

These would become matching funds for the $500,000
CFI grant if awarded.

Locations
City Hall Jewel Community Teen Center Corporate Yard Desert Garden/John Nobles area Senior Center Applebee’s Parking lot on Hwy 111 Multi-family housing
New Public Safety Campus Public Parks
New future City Hall New downtown Brewery

Partnerships
Considering purchase of EV chargers for business community where “plumbing exists” if the chargers are publicly accessible and will be maintained by the facility.

6/13/2023 Update from final Application:

The City of Indio requests $1,510,577 in USDOT Charging and Fueling Infrastructure (CFI) funding for the Indio Community EV Charging Project. The City will provide a 20% local match of $377,644, for a total project cost of $1,888,222. The proposed project will add 18 Level 2 electric vehicle (EV) charging stations, including two solar- powered Level 2 EV charging stations which will add 36 new charging ports in the Jewel Neighborhood and Downtown Indio. The proposed project will increase the number of publicly available charging ports within the City of Indio by 56.25%. The addition of 36 convenient, accessible charging ports will increase EV use, reduce fossil fuel use, and greenhouse gas (GHG) emissions by 328.6 short tons, and carbon monoxide by 2,810.90 pounds each year. The proposed EV charger locations have been selected to 1) bring electric vehicle charging infrastructure to underserved neighborhoods that are disproportionately affected by greenhouse gas emissions; 2) expand and fill gaps in the existing EV charging network; and 3) support regional efforts to implement zero emission transit along major thoroughfares in Coachella Valley.
• North Jackson Park: 2 BEAM EV-ARC 2020 Solar Charging stations with the ability to charge 4 EVs simultaneously
• Indio Sports Park: 6 dual port Level 2 charging stations with the ability to charge 12 EVs simultaneously • Corporate Yard: 6 dual port Level 2 charging stations with the ability to charge 12 EVs simultaneously • City Hall: 2 dual port Level 2 charging stations with the ability to charge 4 EVs simultaneously • Brewery: 2 dual port Level 2 charging stations with the ability to charge 4 EVs simultaneously

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Project Status:

Learn about Digesters and other
Renewable Energy Options

Summary

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

GOAL - STATUS
Clean Energy - In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Speakers and presentations at the
Commission meetings
On going There are no mile stones or due
dates associated with this project
Join and participate in the Clean Cities
Coachella Valley Coalition hosted by
SunLine Transit Agency
On going Participate and
contribute to
Quarterly meetings.

Last meeting May 31,
2023
The Coalition supports all
alternative fleet fuels including
biodiesel, electricity, ethanol,
hydrogen, natural gas, propane
and renewable diesel.

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

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

September 6, 2022, the East Valley Reclamation District adopted Resolution 2022-22 Determining that a Commercial Food Waste Diversion Program is an appropriate activity of the East Valley Reclamation Authority.

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Project Status:

Hold Sustainability
Collection Events

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

GOAL - STATUS
Zero Waste - In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Set Calendar Year Event Dates Complete March 19, May 21 and September 24 Confirm vendors Complete
Outreach Events Complete March 19, May 21, September 24, 2022 Staff events, set up, tear down, record
keeping
Complete March 19, May 21 and September 24, 2022
Set Calendar Year 2023 Event Dates Complete February 25, May 20, September 23, 2023 Confirm vendors Complete
Outreach Events
Add Sustainability

Commission to September event
February 25, 2023 – Complete, May 20 –
Complete, September 23
Staff events, set up, tear down, record
keeping
February 25 – Complete, May 20 – Complete,
September 23
Explore possibility of expanding
collection materials at these events
with Desert Arc
July 12,
2023
Desert Arc is expanding collection capabilities to
include light bulbs and household batteries.

Staff is working with Desert Arc to explore costs
and possibilities to expand collection of
materials at these events.

Set Dates for 2024 Events November
1, 2023

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
Grant OPP
AB 939

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CONCLUSIONS/RECOMMENDATIONS
Compost Exchange will stop or change once SB1383 comes into full effect. It will most likely become a compost give away.
10/19/2022 – Compost at these events moving forward are giveaway items and there is no exchange for food waste.

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

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Indoor Recycling and
Organics Containers

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

GOAL/STATUS
Zero Waste / On going

PROJECT OVERVIEW

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

The program is not paused however, the
consultant has fulfilled their obligations. In
order to move forward there should be a
new outreach component.

Add this program information to
the City website
May 30,
2023

BUDGET

AMOUNT SPENT NOTES
$15,000 $5000

CONCLUSIONS/RECOMMENDATIONS

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Project Status:

Increase Number of Waste
Receptacles in the City

SUMMARY
Increase the number of waste and recycling receptacles in the City to decrease litter and promote a cleaner and more sustainable environment.

GOAL - STATUS
Sustainable Environment – In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
The Economic Development
Department has identified the need for
10 Bigbelly Smart Waste systems in
the downtown area.

Complete
Request quote and obtain a Purchase
Order
In
Progress
June 30
Work with CVstrategies to create
artistic wraps for each unit
incorporating city logo colors
In
Progress
July 6
Obtain approval for artwork Not
Started
August 2
Order 10 Bigbelly units with trash
compactor and foot pedal and
approved artwork
Not
Started
August 3
Determine exact location for the units
considering ADA compliance, other
infrastructure needs.

Not
Started
July 20
Install the Bigbelly units Not
Started
Upon
Delivery

BUDGET

CATEGORY AMOUNT SPENT NOTES
AB939

$100,000

CONCLUSIONS/RECOMMENDATIONS

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Project Status:

True Zero Waste Initiative

SUMMARY
Offer TRUE Zero Waste Program to Commercial Facilities

GOAL - STATUS
Zero Waste – Begins upon approval

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES

Learn about the TRUE Zero Waste
Program
Speak with Stephanie Barger
Director, Market Transformation &
Development – TRUE, a zero waste
program. U.S. Green Building Council
Complete Stephanie Barger has spoken with staff and
participated in Sustainability Commission
meetings.

Chair Lue and Sara Toyoda work to
become TRUE Advisor certified
Complete Chair Lue and Sara Toyoda have gone through
the class and passed the test and are now
certified.

Consider obtaining TRUE Zero Waste
Certification at a City facility
In
Progress

Consider budget and create draft staff
report
In
Progress
Attached to the 2023 Work Plan, however, still
draft and not approved.

Chair Lue to connect with a local
jurisdiction with experience working
with TRUE Zero Certification projects
Complete Chair Lue set up a phone meeting with Deputy
County Administrator Eric Angstadt with Contra
Costa County and invited the environmental
programs coordinator
Outreach TRUE Zero Waste
opportunity to Business Community
Upon
Approval

BUDGET

CATEGORY AMOUNT SPENT NOTES
AB939

$110,000 This should allow up to 15 facilities to
become certified.

CONCLUSIONS/RECOMMENDATIONS

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Attachments include a similar project from the Center for Sustainable Materials Management and a draft staff report that has not been approved for recommendation to the City Council by the sustainability commissioners.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 413 of 523 TheCenterforSustainableMaterialsManagement(CSMM)andTRUECertificationforzero waste are proudto announce the continuationof their partnershipwithacallfor interest in certification of zero waste projects in New York State.

Administered by Green Business Certification Inc. (GBCI), TRUE Certificationhelpsfacilities measure, improve andrecognize zero waste performance by encouragingthe adoption of sustainable waste management and reduction practices, whichcontribute to positive environmental, health, and economic outcomes. The TRUE(Total ResourceUseandEfficiency) ratingsystemoffersacomprehensiveframeworkto helpfacilities, portfolios, events, andevenconstructionsites designwasteout oftheir systems and commit to a streamlined, circular model.

TRUE and the CSMM hope their collaboration to support and certify zero wasteprojects in New York State will accomplish the following:
● Identify opportunities to increase public awareness of the parties’ sharedvision and goals for zero waste and waste reduction● Increase educational opportunities for the TRUE Advisor certificate to thepublic and within the CSMM staff● Explore opportunities to increase market adoption of TRUE certificationthroughout New York State● Explore opportunities to use selected projects as case studies to promotework being done at the CSMM● Work cooperatively to promote zero waste programs by more efficientlyusing shared resources, tools and information CSMM and TRUE are seeking to support three projects in achieving TRUEPrecertificationandthreeprojectsinachievingfullTRUECertificationattheirfacility.A “facility” is considered the building(s) that will be the focus of the project. Mostcommonly this is a manufacturing facility and/or an office building, but otherstructures andoperationtypes will be considered. Threeprojectswill bechosenforprecertificationandthreewill bechosenforfullcertification. TRUECertificationaimstosupport facilitiesandbusinessesinachievingtheirzerowastegoalsbyprovidingaclear pathto certificationusinga points-basedratingsystemandeducational toolssuch as the TRUE Advisor certificate. Facilities that achieve full certification arerequired to divert a minimumof 90% of waste fromlandfill, incineration and theenvironment alongwithmeetingminimumperformancerequirementsandatleast31 points froma total of 81 points in the rating system. CSMMwill encourage theprojects selected for TRUE Certification to strive for Gold or Platinumcertificationlevel. TRUE Precertificationoffers companiesandfacilitiesafirst stopinthejourneytozerowaste. Thesefacilitiesarerequiredtostart trackingwastebutdonotneedtomeet aminimumdiversionnumber, andarerequiredtomeet onlyahandful of theprerequisitesplusninepointsfromtheratingsystem. MoreinformationanddetailonTRUE can be found attrue.gbci.orgor by reviewingourrating system.

AGENDA ITEM #10.10
City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach ... Page 414 of 523 CSMMwill provideprojectmanagementandtechnicalassistancetochosenprojects.Costswill besubsidizedbybothCSMMandTRUEandtheindividual projectswillberesponsible for a discountedproject registrationfee of $1,000 to bepaiddirectlytothe GBCI. One TRUE Advisor certificate registration will be included for each facility.

Projects are being prioritized in the following sectors:● Healthcare● Textile manufacturing● Agriculture● Construction and Demolition● Furniture Manufacturing Facilities must meet the following criteria:● Project must be located in New York State● Have strong waste reduction goalso Note: Waste reduction goals will vary from facility to facility, these may be inthe form of a formalized goal, plan, or policy, or informal goals and objectivesthat align with organization’s values● Be a small to medium size facility (under 1,000 employees and under 250,000sq. feet)● Projects located inenvironmental justice communitiesorMWBE-ownedbusinesseswill be prioritized.

Interested projects should fill out theapplicationformby3/31/2023.

New Deadline: April 30, 2023Learn more by visiting the Center for Sustainable Materials Managementwebsite.

About Green Business Certification Inc. (GBCI)GBCI is the world’s leading sustainability and health certification and credentialing body. Established in 2008,GBCI exclusively administers project certifications and professional credentials and certificates within theframework of the U.S. Green Building Council’s LeadershipinEnergyandEnvironmental Design(LEED) greenbuilding rating systems, as well as the PEER standard for power systems, the WELL Building Standard, theSustainable SITES Initiative (SITES), EDGE (Excellence inDesignfor Greater Efficiencies), TRUEcertificationfor zero waste and Investor Confidence Project (ICP) for energy efficiency retrofits. Visit gbci.org.

About the The Center for Sustainable Materials Management (CSMM)The Center for Sustainable Materials Management (CSMM) was establishedat the State Universityof NewYorkCollege of Environmental Science and Forestry (ESF) in the spring of 2020 through a NYS EnvironmentalProtection Fund (EPF) grant administered by the NYS Department of Environmental Conservation (DEC). TheCenter places ESF, DEC, and their partners in a leadershiprole regardingmaterials (waste) reduction, reuse, andrecyclinginNewYorkandthe US. The Center’s missionis toinspire, lead, andconnectadiversegroupofpeople

AGENDA ITEM #10.10
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Draft SUBMITTAL TO THE CITY COUNCIL

CITY OF INDIO, CALIFORNIA
, 2023

FROM: Public Works Department

SUBJECT: Membership to the U.S. Green Building Council (USGC) and Total Resource Use and Efficiency ( TRUE) zero waste certification for commercial facilities using $110,000 AB939 funds to provide consultant support and reduce certification costs.

RECOMMENDED MOTION : Approve a membership to the U.S. Green Building Council (USGC) and offer the Total Resource Use and Efficiency (TRUE) zero waste certif ication for commercial facilities using $110,000 AB939 funds to provide consultant support and reduce certification costs.

SUMMARY: The Sustainability Commission recommends allocating $110,000 of AB939 funds to offer the TRUE zero waste certification to I ndio commercial facilities at reduced costs. The allocation includes hiring a consultant who is a certified TRUE Advisor , or who would become a certified TRUE Advisor , to support the business community efforts and reduce barriers to certification. The funding would also be used to lower the cost of certification.

Sara Toyoda
Environmental Programs Coordinator

(continued on next page)

FINANCIAL
DATA
Current FY Financial Impact: $ 110,000 In current year budget: Yes Current FY General Fund Impact: $ 0 Budget adjustment: Yes Future FY Financial Impact: $ 0 For fiscal year: 22/23 Source of funds: AB939
Account number: 217-
Current account balance: N/A
Balance remaining if approved: N/A
Legal Review:

________________________
Steven Graham
City Attorney

Department Head Review:

_________________________
Timothy T. Wassil PE
Public Works Director
Financial Review:

________________________
Rob Rockwell
Assistant City Manager &
Finance Director
CITY MANAGER’S RECOMMENDATION:

Approve
CITY MANAGER’S SIGNATURE:

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BACKGROUND:

Waste regulations on commercial facilities have been increasing dramatically . SB 1383 is a sweeping regulation that requires commercial facilitie s to add recycling and organic waste increasing service costs. Indio commercial waste rates increase with the amount of waste so the more pick-ups a facility receives and the larger the bin sizes the higher the costs. Reducing waste can reduce efforts put towards waste management and may reduce the cost of waste services.

Zero waste is a goal listed in the Sustainability Plan and 2022 Annual Work Plan and z ero waste initiatives could support waste reduction in commercial facilities. “Zero Waste” does no t yet exist, however, there are programs that certify zero waste facilities that show an 80- 90 percent reduction in waste. In an effort to support the commercial facilities that now comply with many new waste regulations, the Sustainability Commission rec ommends offering a zero waste certification program to any Indio commercial facility at a reduced rate paid through the AB939 waste diversion funds.

The TRUE zero waste certification program is administered by the U.S. Green Building Council (USGBC), which also administers the LEED (Leadership in Energy and Environmental Design) certification program. The USGBC gives this certification credibility and longevity. In addition, the TRUE certification is not waste management but material management that star ts upstream, includes operations and then looks downstream at recycling and composting options.

TRUE focuses on making the business case for zero waste. Certification requires a mix of policy and actions and achieve a 90 percent overall diversion from the landfill.

A lack of facility staff time could create a substantial barrier to certification, h owever, the USGBC maintains the having a TRUE Advisor is key to success in the program. The Commission supports a hybrid approach which includes hiring a cons ultant who is , or will become, a certified TRUE Advisor who will be available to work with facilities if requested, as well as support outreach. Facilities would be encouraged to have someone from the facility become a certified TRUE Advisor. The True Adviso r process includes online videos and a certification test.

FINANCIAL ANALYSIS: The City collects AB939 funds that can be used to divert waste from landfills and includes waste reduction. This project would be funded from the City’s AB939 funds and would not affect the General Fund. The USGBC allows discounted rates for USGBC members and has allowed parent companies to become a member and then use that membership to certify satellite operations. Similarly, if the City becomes a member, the USGBC has offered to allow any of the city commercial facilities who participate to use member pricing under the City membership. In additi on, the USGBC has offered an additional 10 percent off the fees. Membership cost is $1,500 per year.

For participating facilities, the city funds would fund up to $950.00 for half of the registration fees and the costs for a TRUE Advisor certification, if the facility agrees to have someone at the facility certified. The facility would pay $600.The city consultant would also be available to support the facility efforts. When the facility is ready for certification, the city funding would pay up to the minimum cost. Facilities will pay for any costs above the minimum and any future

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recertification fees. It is anticipated that most facilities in Indio will qualify for the minimum certification cost so the total cost for those facilities is expected to be $600. The budget should allow at least 15 facilities to be certified.

ATTACHMENTS:

1. A. TRUE Rating Systems

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Project Status:

Permanent Household
Hazardous Waste Facility

SUMMARY
Work toward providing a permanent HHW facility in Indio.

GOAL - STATUS
Zero Waste – In Progress

PROJECT OVERVIEW

TASK STATUS DUE DATE NOTES
Connect with Riverside County
because they would ultimately run
the facility
Paused Lisa Thompson, Environmental Compliance
Manager with Riverside County Department
of Waste Resources will speak at the May
23rd Commission meeting
The current barrier is location. Staff is unable to
identify a possible location that is a suitable site
for a permanent HHW collection facility in the
City.

BUDGET
CATEGORY SPENT % OF TOTAL NOTES
N/A

CONCLUSIONS/RECOMMENDATIONS

AGENDA ITEM #10.10
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The Sustainability Commission Outreach Plan was approved as part of the 2022/23 Work Plan and scheduled to begin once the larger Sustainability Plan was complete.

CV Strategies attended a commission meeting to support the creation of the plan and talk about options and ideas. Many of those initial concepts have been incorporated as projects in this Outreach Plan, and others may be included in future plans. Projects that are fully funded will begin upon approval. All outreach materials produced will go through the proper approval process prior to being completed and released. Projects that are partially funded may move forward focusing on funded messaging.

The objectives of the Outreach Plan are:
• Educate on sustainability initiatives
• Educate about the sustainability commission
• Educate to engage stakeholders
• Educate about regulations including waste, stormwater and air quality

The overall goad of the Sustainability Outreach Plan is to support sustainability efforts of the City of Indio.

“The desert, when the sun comes up. I couldn’t tell where heaven stopped and the Earth began.”

-Tom Hanks

Booth at Food Truck Friday Events

The City does not currently have a booth at Food Truck Fridays. This project would provide a city booth at the events. The project includes the booth, staff time, informational items and giveaways, which could include 1383 pails and reusable utensils. It would also provide an outreach avenue for any City information including beautification and water conservation.

Begin: Upon Approval

Funding: AB939/SB1383 Fully Funded.

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2 Build out and Update Sustainability Webpages

Design and create web pages and microsites to for sustainability information including a mechanism for feedback. There are currently microsites for SB1383 organics information and AB 1276. Work with CV Strategies to update current website information. Create and organize webpages on the website to reflect current regulations and approved sustainability initiatives.

Begin: Upon Approval

Funding: Partially Funded

Develop Sustainability Outreach Kit for Any City Outreach Event

Begin: Upon Approval

Develop QR codes for approved work plan initiatives and sustainability efforts. QR codes should link to sustainability pages developed on the website. Create the information on a flyer or electronically so that these can be taken to any city outreach event. Create and provide a one page fact sheet for staff working the event that includes basic information. Purchase giveaways such as SB1383 pails, reusable utensils, Riverside County pet waste bags (NDPDES) or other approved materials and have them ready to provide for any Indio outreach event. Distribute QR codes, flyers, fact sheet and giveaways upon request.

Funding: AB939/SB1383 Fully Funded

TRUE Zero Waste Outreach

This outreach would support the TRUE Zero Waste initiative of the work plan if it is approved.

Begin: Upon Approval

Staff would add zero waste information to website, add TRUE zero waste program information to the website and work with the Chamber of Commerce to promote the TRUE zero waste program.

Funding: AB939, Fully Funded

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3 Include Sustainability Commission information to Collection Event Outreach

In progress

Work with CV strategies to update the IWA bill inserts

Funding: AB939/Fully Funded

EcoHero Show to Indio Schools

In progress

The EcoHero show supports litter abatement and beautification as well as recycling and waste diversion outreach. They also accept city information and flyers and will hand those out to students after the show. The Sustainability Commission will work with CV Strategies to develop an approved flyer the EcoHero can leave with classrooms including information on the Sustainability Commission and Indio Lindo.

Funding: AB939/Fully Funded

Develop Commercial Program Brochure

The commercial sector provides distinct opportunities for partnerships. This sector has been a focus for waste legislation and this provides opportunities for the City to support compliance efforts. Through waste fees and grants, the City currently offers food waste bins and dollies for organics collection and can offer indoor and outdoor bins that include permanently attached waste and recycling or waste, organics and recycling bins. If approved, this brochures would include information about the TRUE zero waste program. Water conservation messaging and programs could also be included.

Develop Residential Flyer to Burrtec Welcome Kit for New Residents

Begin: Upon Approval

Burrtec provides residents with a Welcome Kit when they start new service. The Sustainability Commission would work with Burrtec to create a flyer to include in the kit.

Information could include information about the Sustainability Commission and initiatives. Outreach materials such as reusable utensils could also be included.

Funding: Partially Funded

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4 Form Partnerships with Non-Profits

Begin: Upon Approval

Form partnerships with non-profits such as Friends of the Desert Mountains, Urban Conservation Corps and Sierra Club to support outreach. Where sustainability information overlaps, the commission and non-profits can support outreach for each other at various events or digitally.

AGENDA ITEM #10.10
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City Council
October 4, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Accept the street and survey monument improvements and authorize release of the surety for NAS Property Group LLC., Tract Map No. 36679 (Elemento), located on the southwest corner of Madison Street and Avenue 49

RECOMMENDATION:

Accept the street and survey monument improvements, and authorize release of the surety fo r NAS Property Group LLC., Tract Map No. 36679 (Elemento), located on the southwest corner of Madison Street and Avenue 49.

SUMMARY:

Elemento, Tract Map No. 36679, is a single -family subdivision located on the southwest corner of Madison Street and Avenue 49. NAS Property Group LLC., the developer, has completed the street and survey monument improvements associated with the above refer enced subdivision and is requesting City Council acceptance and release of the surety bonds.

BACKGROUND INFORMATION:

NAS Property Group LLC., has completed the street and survey monument improvements at Elemento for Tract Map No. 36679. The following improvements, in part, were required as conditions of the approved Tentative Tract Map No. 36679:

a. Construction of street improvements that include asphalt pavement, curb, and gutter throughout the subdivision.
b. Installation of survey monuments per the approved final Tract Map No. 36679.

These improvements are now ready for acceptance and, as is customary; the developer is requesting release of the posted surety 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:

AGENDA ITEM #10.11
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Reference:

N/A

Additional Financial Details:

There is no financial impact associated with the release of the surety bonds.

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 26 Sep 2023 Steven Graham, City Attorney Approved - 27 Sep 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 27 Sep 2023 Bryan H. Montgomery, City Manager Approved - 27 Sep 2023

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VICINITY MAP

AGENDA ITEM #10.11
Accept the street and survey monument improvements and authorize release... Page 427 of 523 ATTACHMENT - 1

COUNCIL MEETING DATE

APPLICANT
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
OCTOBER 4, 2023
SUMMARY:

ELEMENTO, TRACT MAP NO. 36679, IS A SINGLE-FAMILY

SUBDIVISION LOCATED ON THE SOUTHWEST CORNER OF
MADISON STREET AND AVENUE 49. NAS PROPERTY GROUP
LLC., THE DEVELOPER, HAS COMPLETED THE STREET AND

SURVEY MONUMENT IMPROVEMENTS ASSOCIATED WITH

THE ABOVE REFERENCED SUBDIVISION AND IS

REQUESTING CITY COUNCIL ACCEPTANCE AND RELEASE
OF THE SURETY BONDS.

V I C I N I T Y M A P
S

NOT TO SCALE
NAS Property Group LLC
AVENUE 48

CITY OF INDIO

CITY OF

LA QUINTA
TM 36679

JEFFERSON ST

MADISON ST
AVENUE 50
AVENUE 49

MONROE ST

AGENDA ITEM #10.11
Accept the street and survey monument improvements and authorize release... Page 428 of 523 City of Indio
City Council
October 4, 2023

STAFF REPORT

To: City Council
From: Bryan Montgomery, Executive Director
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Sign services proposal with Best Signs, Inc. for five (5) median signs inclusive of purchase, fabrication and installation at various locations throughout the City in the not to exceed amount of $161,174.38 and authorizing the use of funds from Capital Improvement Program ST2306 (Downtown Gateway Signs) for two signs outside of Downtown

RECOMMENDATION:

Approve and authorize a sign services proposal from Best Signs, Inc. for five (5) median signs inclusive of purchase, fabrication and installation at various locations throughout the City in the not to exceed amount of $161,174.38 and authorize the use of funds from Capital Improvement Program ST2306 (Downtown Gateway Signs) for two signs outside of Downtown

SUMMARY:

New median signs for installation at key points in the City to act as gateway entry features into the City and/or a portion of the City

BACKGROUND INFORMATION:

As part of the City's on-going branding efforts, staff has been developing designs for different signage throughout the City. One of these efforts involves the installation of Indio branded "vertical" signs within medians at certain key locations in the City. These vertical branded signs will help act as gateway entry features into the City and/or a portion of the City and contribute to the overall visual aesthetic. Attachment 2 indicates the approximate locations of the median signs. These locations include two median signs on Oasis Street in downtown north of Highway 111 and south of Indio Boulevard, one median sign on Indio Boulevard east of the Jackson Street overpass, one median sign west of the Highway 111 and Monroe Street interchange and one median sign on Jackson Street north of its interchange with Interstate 10.

The signs will include a component that will allow for the specification of the area of the City that the sign is located in - e.g. Downtown.

Separately but related, the Public Works Department will be removing the existing median signs with the City's prior logo on Fred Waring Drive, Indio Boulevard and Jackson Street.

FINANCIAL SUMMARY:

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat... Page 429 of 523 Current FY Financial
Impact:
$161, 174.38 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: Capital Improvement Program Fund-Org-Object Reference:
300

Additional Financial Details:

Funding for installation of 5 median signs will be appropriated from ST2306 (Downtown Gateway Signs)

ATTACHMENTS:

Attachment1_BestSignsInc_Proposal
Attachment2_RepresentativeMedianSignLocations

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 26 Sep 2023 Jillian Martins, Assistant City Attorney Approved - 26 Sep 2023 Alan Garcia, Accountant Approved - 27 Sep 2023
Bryan H. Montgomery, City Manager Approved - 27 Sep 2023

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat... Page 430 of 523

BESTI N INORPRATED
‘PROPOSAL

CITYOFINDIO
crrv JOB! |:£)EAT?E3!\lVWW
"7
INDIO,CA92201 2309-54572-PSLocaiionsTED
Scam designcélcsfr neer.

SGS,CO15508.GeneAutryTrailPalmSprings,CA92264Phone:(760)320-3042FAX:(760)320-2090 OS l760l347-85229/8/2023ADDRESS100CIVICCENTERMALL CitvofIndiaMediansianaue.atv.(5) Weherebysubmitspeci?cationsandestimatesQuantityDescription PriceExtendedPriceInstallation5BSItofabricateandinstallqty.(5)25'tallINDIOmedian$17,930.00$89,650.00landmarks.Posttobe6"x6"structuralaluminumwithmatchplateorcontinuousrundesign.Posttobepaintedwithwith.090fabricatedchevronspaintedblueandsurfacedwith30"channelletterstomatchCitylogodesignguidelines.Seeworkingdrawingsforfurtherdetailandcallouts.1Installationlabortoincludetransportanddeliverytosite. $38,180.001Footingmaterials/hardware,concrete,rebarcages,soil $18,855.00transport,associatedrecyclingfees,requiredlaneclosures,safetyplan1Equipmentneededforfootingexcavation,hauling,andhoisting $3,385.001 pedstructuralgmlicensedengi $3,260.001Procurement/Cityfeesrequiredforpermittingtobeaddedatcost(tobedeterminedatalaterdate).Pricingaboveassumes120—277Vprimarypowerwillbeprovidedandlocatedwithin10'ofthesignlocations.Intheeventprimarypowercannotbeprovided,solarpowerisanoption.Eachlocationwillneedtobeassessedindividuallytodetermineexactcosting.Estimatedcost@$6,500perlocationSubtotal$89.650.00CASalesTax$7.844.38Installation$63'68()_0()T°*a' $161,174.38

SUBMITTEDTO PHONE DATEJOBNAME
STATE.ZIP lm?c;

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat... Page 431 of 523 REG,,
Signamra
x Signature
Weproposeherebytofurnishmaterialandlabor-completeinaccordancewithabovespeci?cations,forthesumof:Onehundredsixtvonethousandonehundredseventvfourand38/100TERMS:50%DEPOSITUIRED.BALANCEDUEUPONCOMPLETION Signatureorpaymentofdepositconstitutesacceptanceofthisagreement.

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NOT|CETOOWNERSUndertheMechanics‘LienLaw,anycontractor,subcontractor,supplier,manorotherpersonwhohelpstoimproveyourpropertyandisnotpaidforhislabor,servicesormaterial.hasarighttoenforcehisclaimagainstyourproperty.Underthelaw,youmayprotectyourselfagainstsuchclaimsby?ling,beforecommencingsuchworkofimprovement,anoriginalcontractfortheworkofimprovementofamodi?cationthereof.intheof?ceofthecountyrecorderofthecountywherethepropertyissituatedandrequiringthatacontractor'spaymentbondberecordedinsuchof?ce.Saidbondshallbeinanamountnotlessthan?ftypercent(50%)ofthecontractpriceandshall,inadditiontoanyconditionsfortheperfonnanceofthecontract,beconditionedforthepaymentinfulloftheclaimsofallpersonsfumishinglabor,services,equipmentormaterialsfortheworkdescribedinsaidcontract.IntheeventlitigationisinstituatedtocollectanysumsdueandowingBestSigns.|nc..thereshallbeaddedsuchadditionalamountsascourtcostsandreasonableattorney'sfees A“th°?zedJohnCrossNote:Thisproposalmaybewithdrawnbyusifnotacceptedwithin19days‘AcceptanceofProposalTheaboveprices,speci?cationsandconditionsaresatisfactoryandareherebyXSignatureaccepted.Youareauthorizedtodotheworkasspeci?ed.Paymentwillbemadeasoutlinedabove.DateofAcceptance:

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AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat... Page 435 of 523 Northbound Oasis Street Median Sign

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat...Page 436 of 523 Southbound Oasis Street Median Sign

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat...Page 437 of 523 Eastbound Highway 111 Median Sign

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat...Page 438 of 523

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat...Page 439 of 523 Northbound Jackson Street Median Sign

AGENDA ITEM #10.12
Purchase of five (5) median signs inclusive of fabrication and installat...Page 440 of 523 City of Indio
City Council
October 4, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: Deaccession of two stone sculptures in front of the City Hall: Approve the deaccession of the two rock sculptures in front of the City Hall, pursuant to the Policy. Deaccession City’s

RECOMMENDATION:

Approve the deaccession of the two Rock Sculptures in front of the City Hall, pursuant to the City’s Deaccession Policy.

SUMMARY:

There are two stone sculptures in the grass area in front of the City Hall. The name of the artist is unknown to the City. It should be noted that construction of the new City Hall is scheduled to begin in December 2024 and the said sculptures need to be removed. However, moving these sculptures will threaten the artwork’s survival and will adversely affect the artistic integrity of these sculptures. Hence, on a made and proposal this reviewed 12, Arts Public the 2023, September Commission recommendation to the City Council of deaccessioning these two rock sculptures, pursuant to the City’s Deaccession Policy (Attachment A).

BACKGROUND INFORMATION:

Currently, there are two stone sculptures in the grass area by the City Hall (Attachment B). The vertical sculpture is made of two pieces of rock that are connected by a steel tube. The horizontal sculpture is made of three pieces of rocks that are connected by three rebars. Moving these sculptures will damage them to a beyond-repair status. It should be noted that the name of the artist is unknown.

Consistent with the requirements of the City’s Deaccession Policy, this item was unanimously reviewed and approved by the Public Art Commission at its September 12, 2023, meeting.

The Policy refers to the City's Public Arts and Historic Preservation Commission; however, since the approval of the Policy the Historic Preservation duties have been assigned to the City's Planning Commission and the name has been changed to the City's Public Arts Commission.

A f inding can be found to remove both sculptures, pursuant to the City’s Deaccession Policy (Attachment A) Criteria for Deaccessioning number 5 that estates:

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 441 of 523 “In the case of site -specific artwork, significant changes in the use or character of the site where the artwork is located threaten the artwork’s survival or significantly adversity affects or diminishes the artistic integrity of the artwork or its accessibility.

It should be noted the removal will be done in -house and the cost is very minimal. Based on the foregoing, staff is requesting that the City Council approvethe deaccession of the two Rock Sculptures in front of the City Hall, pursuant to the City’s Deaccession Policy.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

NA In current year budget: No
Current FY General
Fund Impact:

None Budget adjustment: No
Next FY Financial
Impact:

None Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064

Additional Financial Details:

The sculptures will be removed in-house.

ALTERNATIVES:

1. Continue the request pending submission of additional information.

2. Refer the item back to the Public Arts Commission to recommend a new location for the artwork.

ATTACHMENTS:

Attachment A - Resolution 10113 Deaccession Policy
Attachment B

APPROVAL(S):

Scott Trujillo, Deputy City Manager Approved - 26 Sep 2023 Jillian Martins, Assistant City Attorney Approved - 26 Sep 2023 Bryan H. Montgomery, City Manager Approved - 27 Sep 2023

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 442 of 523 RESOLUTIONNO.10113ARESOLUTIONOFCOUNCILOFTHECITYOFINDIOADOPTINGACITYWIDEDEACCESSIONPOLICYFORPUBLICARTWHEREAS,publicartreflectstheCityoflndio’speople,heritageandcultureandtheCityofIndiohasanestablishedpublicartsprogramfortheacquisition,sitingandmanagementofpublicart;andWHEREAS,Section32.30oftheIndioMunicipalCodeestablishesthePublicArtsandHistoricPreservationCommissionasanadvisorybodytotheCityforacquisition,sitingandmanagementofpublicartwithintheCityofIndio;andWHEREAS,Section32.30(F)oftheIndioMunicipalCodespecifiesthatthePublicArtsandHistoricPreservationCommissionshall,amongstitsadvisoryduties,createandrecommendpolicyinconformitywiththeGeneralPlanforthevisualartsandhistoricpreservation;andWHEREAS,theremaybeinstanceswheretheremovalofpublicartfromtheCityof|ndio’sPublicArtsCollectionisdeemednecessary;andWHEREAS,manylocalgovernmentsintheStateofCaliforniathatoperatepublicartsprogramsmanagetheremovalofpublicartaccordingtotheguidelinesandstandardsofadeaccessionpolicy;andWHEREAS,recentlythePublicArtsandHistoricPreservationassistedbyCitystaffhasdevelopadeaccessionpolicyspecifictotheCityofIndioforrecommendationtotheCityCouncil;andWHEREAS,onAugust13,2019,thePublicArtsandHistoricPreservationCommitteerecommendedtotheCityCounciltheadoptionofadeaccessionpolicyforpublicartfortheCityoflndio;andWHEREAS,theCityCouncildesirestoadoptadeaccessionpolicytoprovideclearcriteriaandguidanceforthepermanentremovalofpublicartfromtheCityoflndio’sPublicArtsPrograminfurtheranceofthepublichealth,safetyandwelfare.NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFINDIOHEREBYFINDS,DETERMINES,RESOLVES,ANDORDERSASFOLLOWS:Section1.Theaboverecitalsaretrueandcorrectandareincorporatedherein.Section2.ThepolicyattachedheretoasExhibitAentitled“DeaccessionPolicyforPublicArtsintheCityof|ndio”incorporatedhereinbythisreferenceasiffullysetforthherein,isherebyadopted.

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 443 of 523 Section3.TheCityCouncilfindstheadoptionofthisresolutionanditsattachmentExhibitAisnotsubjecttotheCaliforniaEnvironmentalQualityAct(“CEQA”)pursuanttoSections15060(c)(2)(theactivitywillnotresultinadirectorreasonablyforeseeableindirectphysicalchangeintheenvironment)and15060(c)(3)(theactivityisnotaprojectasdefinedinSection15378)oftheCEQAGuidelines,CaliforniaCodeofRegulations,Title14,Chapter3,becauseithasnopotentialforresultinginphysicalchangetotheenvironment,directlyorindirectly.Section4.TheCityClerkshallcertifytotheadoptionofthisResolution.PASSED,APPROVEDANDADOPTEDthis18“ofSeptember2019.

RAMOSAMITH,MAYOR
ATTEST:

CYNTHIA%%RNA?Z,CMCCITYCLERK

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 444 of 523

EXHIBITA

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 445 of 523 CityoflndioPublicArtDeaccessioningPolicy
BACKGROUND:ItisthegoaloftheArtINPublicPlacesProgram(AIPP)tomaintainahighqualityartcollectionwithintheCityoflndio.ArtworkscommissionedthroughtheAIPPareconsideredapermanentpartoftheAlPP'scollection,aslongastheworkmaintainsitsphysicalintegrity,identityandauthenticity,andaslongasitremainsusefultothepurposesoftheCityoflndio’sartprogramandmunicipalgoals.Whenanyoftheseconditionsnolongerprevail,thePublicArtsandHistoricPreservationCommissionmayconsiderrecommendingtotheCityCouncilthatthepieceofartinquestionbedeaccessioned.DeaccessioningistheformalprocessbywhichartworkispermanentlyremovedfromtheArtINPublicPlacescollectionincludingbutnotlimitedtotransfer,donation,loss,sale,orinvoluntarydestruction.Deaccessioning,whencarriedoutinanappropriatemannerandwiththoughtfulconsideration,isanintegralpartofresponsiblecollectionsmanagement.Although-generallytheCityoflndiowouldlikeitscommissionedpublicarttoremaininsituforaminimumof15years(although15yearsisnotalimitonthelifeofanartwork),itrecognizesthatpublicartworkisnotnecessarilygoingtobeinstalledinperpetuity.ThePublicArtsandHistoricPreservationCommissionischargedwithprovidingguidelinesandapprovalpoliciestomaintaintheaestheticqualityofartworkthatadheretobestpracticesandaresubsequentlyapprovedbytheCityCouncil.Therefore,adversepublicopinionisinsufficientcauseanddoesnotjustifytherelocationorremovalofpermanentlyinstalledartworkifthecommissioningguidelinesandapprovalpolicieswereappropriatelyapplied.Theconsiderationfordeaccessioningaworkofartshallinvolvethesamedegreeofcarefulreviewasadecisiontocommission,leaseorpurchaseaworkofart.TotheextentthattheFederalVisualArtistsRightsAct(V ARA)andtheCaliforniaArtsPreservationAct(CAPA)apply,theCityshalltakesuchlawsintoconsiderationwhenimplementingthispolicy.DEACCESSlON_POLlCY:TheCityoflndioreservestherighttoremoveorothenlvisedisposeofartworkfromtheCity'spublicartcollection.ELIGIBLEARTWORK:AllartworkacquiredthroughtheArtINPublicPlacesProgramorthroughdonationareeligiblefordeaccession.Inthecaseofdonatedartwork,alllegaldocumentsregardingthedonationshallbereviewedandalegalopinionrenderedbytheCityAttorneybeforeproceedingwiththedeaccessioningprocess.CRITERIAFORDEACCE§S|ON|_NG:

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 446 of 523 .Theconditionoftheartworkrequiresrestorationingrossexcessofitsaestheticvalue,orisinsuchadeterioratedstatethatrestorationwouldproveunfeasibleorimpractical,orimpossible..Theartworkrequiresexcessiveorunreasonablemaintenance;hasfaultsindesign,materials,orworkmanship;orrepairorremedyisimpracticalorunfeasibleorwouldcompromisetheintegrityoftheoriginalartwork..Theworkhasbeenfoundtohavebeenfalselydocumented,fraudulentorinviolationofexistingcopyrightlaws..Theconditionorsecurityoftheartworkcannotbereasonablyguaranteed,ortheCitycannotproperlycarefororstorethework..Inthecaseofsite-specificartwork,significantchangesintheuseorcharacterofthesitewheretheartworkislocatedthreatenstheartwork'ssurvivalorsignificantlyadverselyaffectsordiminishestheartisticintegrityoftheartworkoritsaccessibility..Duetounforeseencausestheartworkhasbecomepotentiallyhazardoustothe-publicorpresentsathreattopublicsafety..Iftheartworkhasbeenlost,stolen,orismissing,theartworkmaybedeaccessionedaslongrecordstheCitykeepsallrecordsrelatingtotheartwork.PROCESSFORDEACCESSIONING:DeaccessionNotificationCitystaffshallcomplywithanystateorfederalnoticerequirements,ifapplicabletotheartwork,andinsuchcaseshallmakeareasonableefforttocontacttheartistwhoseartworkisbeingconsideredfordeaccession.InformationregardingthepotentialdeaccessionmethodsandtheCity'sprocessshallbeprovidedtotheartist.RequestforDeaccessiona.ThePublicArtandHistoricPreservationCommission,theCityCouncilorCityStaffmayinitiatetheprocessforthedeaccessionofartwork.AnyrequestfordeaccessionshallfirstbereviewedbythePublicArtandHistoricPreservationCommissionassetforthinthisPolicy.b.CitystaffshallpreparetheRequesttoDeaccessionformandpresentallofthefollowinginformationtothePublicArtandHistoricalPreservationCommissionforitsconsideration:1.Artistandartworkinformation:Artist'sname,biographicalinformation,contactinformation,awrittendescriptionoftheartwork;artist'sstatementabouttheartworknamedinthedeaccessionrequest.

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 447 of 523 .Rationale:Anarrativestatingreasonsandrequestrforthedeaccessionoftheartwork..History:Provideoriginalacquisitionmethodandcommissionprice..Independentconditionassessmentoftheartwork:Ifapplicable,anindependentprofessionalconservator’sreportofthecurrentconditionoftheartwork,treatmentrecommendations,treatmentcosts,andrecommendedmaintenance..Independentappraisalofthevalueoftheartwork:Anindependentprofessionalappraisal,oranestimateofvalueoftheworkbasedonrecentdocumentationofgalleryandauctionsales..Artistnotification:Ifapplicableinformationregardingnotificationtotheartistortheartist’sdesignatedheir(s),orlegallyrecognizedrepresentative(s),andartist’sresponse..Methodofremoval:Arecommendationofthemethodofdeaccessionincludingbutnotlimitedtodemolition,donationorsaleandareasonforthechosenmethodofremoval..Cost:Thecostsassociatedwithdeaccessioningincludingthechosenmethodofremoval.ReviewProcessforRequestPUBLICARTANDHISTORICPRESERV ATIONCOMMISSION:TheCommission,uponreceiptoftheRequestforDeaccessionformandinformationprovidedbystaff,shallconsiderandevaluatetherequestatdulynoticedpublicmeeting.TheCommissionshallundertakethefollowingactions:1.2.Assesstheapplicationaccordingtothedeaccessionpolicy.EvaluatetheRequestforDeaccessionusingtheirjudgement,experience,andknowledge..V otetoapproveorrejecttheRequestforDeaccession.MakearecommendationtotheCityCouncilregardingthedeaccessionoftheartwork.TheCommissionmayalsorequestfurtherinformationordocumentsiftheyareunabletomakeadetermination.CITYCOUNCIL:ThePublicArtandHistoricPreservationstaffshallconveytherecommendationoftheCommissiontotheCityCouncilafterwhichtheCityCouncilshall:

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 448 of 523 IV .

1.ReviewthePublicArtandHistoricPreservationCommission'srecommendations(includingrecommendationstodenyapproval).2.TheCityCouncilmayapprove,denyortakenoactionontherecommendationfordeaccession.

ApprovalofDeaccessiona.IftheRequestforDeaccessionisapprovedbytheCityCouncil.themethodofdeaccessionmustalsobedeterminedbytheCityCouncilwithinputfromtheCommissionandCitystaff.(seeAppendixA).Allrecordsincludingbutnotlimitedtophotosapplicationform,applicationmaterials,commissionminutes,andcouncilresolutionsmustbearchived.b.IfaCityownedartworkissold:1.ProceedsshouldbedepositedintotheArtinPublicPlacesfund.2.TheCity'sRiskManagermustbenoti?edsothattheworkcanberemovedfromtheCity'sinsurancepolicy.DenialofDeaccession:IftheCityCouncilvotestodenyanapplicationfordeaccession,theCouncil’sdecisionisfinal.

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 449 of 523 APPENDIXA— DEACCESSIONINGMETHODOPTIONSDEACCESSIONINGMETHODOPTIONS:. iv.
vi.

SaleoftheArtworktotheArtistorotherThirdPartyTheartistmaybegiventherightoffirstrefusalandhavetheoptionofpurchasingtheartworkatanegotiatedprice.Suchpricemayincludethecosttoremoveandtransfertheartwork.Alternatively,theCitymayobtainaprofessionalappraisaloftheartwork'svalueandadvertisethesaleoftheartworkbyauction,competitiveorothermethodofsale,includingdisposingoftheartworkusingsurpluspropertyprocedures.TheCityhasthediscretiontoselltheartworktoathirdpartyatanegotiatedpricetakingintoconsiderationtheartwork'scurrentcondition.Iftheartworkissold,allproceedsfromthesaleshallbedepositedintheArtinPublicPlacesfund.RelocationofPublicDisplayIfthepieceproposedfordeaccessionisinaconditionsuchthatitcouldbere-installed,theCommissionwillattempttoidentifyanotherappropriatesiteintheCity.Iftheartworkwasdesignedforaspecificsite,theCommissionwillattempttofindarelocatedsitefortheworkconsistentwiththeCity’sandartist’sintention.Ifpossible,theartist’sassistancewillberequestedtohelpmakethisdetermination.DisclaimAuthorshipInthecasewherethemethodofdeaccessionwouldcompromisetheintegrityoftheartwork,theartistshallbegiventheopportunitytodisclaimauthorshipandrequestthathis/hernamenotbeusedinconnectionwiththegivenwork.ExchangeofArtWorkAmutualagreementbetweentheCityandtheartist.maybetoreplacetheworkwithamoreappropriateworkbythesameartistforavalueequalorgreaterthantheoriginalcostorcurrentvalueoftheartworktobedeaccessioned.Alteration,Modification,orDestructionofArtWorkItistheresponsibilityoftheCitytopreserveandprotecttheArtINPublicPlacesCollection.However,undercertainconditions,andaccordancewiththeCaliforniaArtPreservationAct(CivilCode987),andtheVisualArtistsRightsActof1990(17U.S.C.106Aand113(d))IasapplicableandconsistentwiththeCity'scontractualagreementwiththeartist;theartworkmaybemodifiedordestroyed.TheCityrecognizesthatthisisadeliberateandseldomusedprocedurebutisonemethodofdeaccessioningartwork.Inthecaseofanemergencyremovalthatmayresultindestructionorirreparabledamage,thecitywillactinaccordancewithadviceoftheCityAttorney.RemovalofArtwork

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 450 of 523 vii.Theartworkmayberemovedfrompublicdisplayandplacedintostorage.DonationofArtworkTheCitymaydonatetheartworktoanothergovernmententity,schoolornon-profit,civic,charitableorculturalorganizationthatwillproperlyinstallanddisplaytheartworkinanappropriatepublicplace.

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 451 of 523 APPENDIXB—VISUALARTISTSRIGHTSACT(V ARA)FederalLawTITLE17— COPYRIGHTSTitle17UnitedStatesCode,Section106A:Rightsofcertainauthorstoattributionandintegrity1.RightsofAttributionandIntegrity:Subjecttosection107andindependentoftheexclusiverightsprovidedinsection106,theauthorofaworkofvisualart— a.shallhavetheright—
i.toclaimauthorshipofthatwork,and,ii.topreventtheuseofhisorhernameastheauthorofanyworkofvisualartwhichheorshedidnotcreate;b.shallhavetherighttopreventtheuseofhisorhernameastheauthoroftheworkofvisualartintheeventofadistortion,mutilation,orothermodificationoftheworkwhichwouldbeprejudicialtohisorherhonororreputation;and,c.subjecttothelimitationssetforthinsection113(d),shallhavetheright— i.topreventanyintentionaldistortion,mutilation,orothermodificationofthatworkwhichwouldbeprejudicialtohisorherhonororreputation,andanyintentionaldistortion,mutilation,ormodificationofthatworkisaviolationofthatright,and,ii.topreventanydestructionofaworkofrecognizedstature,andanyintentionalorgrosslynegligentdestructionofthatworkisaviolationofthatright.2.ScopeandExerciseofRights:Onlytheauthorofaworkofvisualarthastherightsconferredbysubsection(a.)inthatwork,whetherornottheauthoristhecopyrightowner.Theauthorsofajointworkofvisualartareco-ownersoftherightsconferredbysubsection(a.)inthatwork.3.Exceptions:a.Themodificationofaworkofvisualartwhichisaresultofthepassageoftimeortheinherentnatureofthematerialsisnotadistortion,mutilation,orothermodificationdescribedinsubsection(a.3.A.).b.Themodificationofaworkofvisualartwhichistheresultofconservation,orofthepublicpresentation,includinglightingandplacement,oftheworkisnota

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 452 of 523 destruction,distortion,mutilation,orothermodificationdescribedinsubsection(a)(3)unlessthemodificationiscausedbygrossnegligence.c.Therightsdescribedinparagraphs(1.)and(2.)ofsubsection(a.)shallnotapplytoanyreproduction,depiction,portrayal,orotheruseofaworkin,upon,orinanyconnectionwithanyitemdescribedinsubparagraph(A.)or(B.)ofthedefinitionof"workofvisualart”insection101,andanysuchreproduction,depiction,portrayal,orotheruseofaworkisnotadestruction,distortion,mutilation,orothermodificationdescribedinparagraph(3)ofsubsection(a.).4.DurationofRights:a.Withrespecttoworksofvisualartcreatedonoraftertheeffectivedatesetforthinsection610(a)oftheVisualArtistsRightsActof1990,therightsconferredbysubsection(a.)shallendureforatermconsistingofthelifeoftheauthor.b.Withrespecttoworksofvisualartcreatedbeforetheeffectivedatesetforthinsection610(a)oftheVisualArtistsRightsActof1990,buttitletowhichhasnot,asofsucheffectivedate,beentransferredfromtheauthor,therightsconferredbysubsection(a.)shallbecoextensivewith,andshallexpireatthesametimeas,therightsconferredbysection106.c.Inthecaseofajointworkpreparedbytwoormoreauthors,therightsconferredbysubsection(a.)shallendureforatermconsistingofthelifeofthelastsurvivingauthor.d.Alltermsoftherightsconferredbysubsection(a)runtotheendofthecalendaryearinwhichtheywouldothen/viseexpire.5.TransferandWaiver:a.Therightsconferredbysubsection(a.)maynotbetransferred,butthoserightsmaybewaivediftheauthorexpresslyagreestosuchwaiverinawritteninstrumentsignedbytheauthor.Suchinstrumentshallspecificallyidentifythework,andusesofthatwork,towhichthewaiverapplies,andthewaivershallapplyonlytotheworkandusessoidentified.Inthecaseofajointworkpreparedbytwoormoreauthors,awaiverofrightsunderthisparagraphmadebyonesuchauthorwaivessuchrightsforallsuchauthors.b.Ownershipoftherightsconferredbysubsection(a.)withrespecttoaworkofvisualartisdistinctfromownershipofanycopyofthatwork,orofacopyrightoranyexclusiverightunderacopyrightinthatwork.Transferofownershipofanycopyofaworkofvisualart,orofacopyrightoranyexclusiverightunderacopyright,shallnotconstituteawaiveroftherightsconferredbysubsection(a).Exceptasmayothenivisebeagreedbytheauthorinawritteninstrumentsignedbytheauthor,awaiveroftherightsconferredbysubsection(a.)withrespecttoaworkofvisualartshallnotconstituteatransferofownershipofanycopyofthatwork,orofownershipofacopyrightorofanyexclusiverightunderacopyrightinthatwork.

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 453 of 523 SOURCE:(AddedPub.L.101-650,titleVi,Sec.603(a),Dec.1,1990,104Stat.5128.)Title17UnitedStatesCode,Section1131.

2. inacaseinwhich—
a.aworkofvisualarthasbeenincorporatedinormadepartofabuildinginsuchawaythatremovingtheworkfromthebuildingwillcausethedestruction,distortion,mutilation,orothermodificationoftheworkasdescribedinsection106A(a.3.),and.theauthorconsentedtotheinstallationoftheworkinthebuildingeitherbeforetheeffectivedatesetforthinsection610(a.)oftheVisualArtistsRightsActof1990,orinawritteninstrumentexecutedonoraftersucheffectivedatethatissignedbytheownerofthebuildingandtheauthorandthatspecifiesthatinstallationoftheworkmaysubjecttheworktodestruction,distortion,mutilation,orothermodification,byreasonofitsremoval,thentherightsconferredbyparagraphs(2.)and(3.)ofsection106A(a.)shallnotapply.Iftheownerofabuildingwishestoremoveaworkofvisualartwhichisapartofsuchbuildingandwhichcanberemovedfromthebuildingwithoutthedestruction,distortion,mutilation,orothermodificationoftheworkasdescribedinsection106A(a)(3),theauthor'srightsunderparagraphs(2.)and(3.)ofsection106A(a.)shallapplyunless— a.theownerhasmadeadiligent,goodfaithattemptwithoutsuccesstonotifytheauthoroftheowner’sintendedactionaffectingtheworkofvisualart,or.theownerdidprovidesuchnoticeinwritingandthepersonsonotifiedfailed,within90daysafterreceivingsuchnotice.eithertoremovetheworkortopayforitsremoval.Forpurposesofsubparagraph(A),anownershallbepresumedtohavemadeadiligent,goodfaithattempttosendnoticeIftheownersentsuchnoticebyregisteredmailtotheauthoratthemostrecentaddressoftheauthorthatwasrecordedwiththeRegisterofCopyrightspursuanttoparagraph(3).iftheworkisremovedattheexpenseoftheauthor,titletothatcopyoftheworkshallbedeemedtobeintheauthor..TheRegisterofCopyrightsshallestablishasystemofrecordswherebyanyauthorofaworkofvisualartthathasbeenincorporatedinormadepartofabuilding,mayrecordhisorheridentityandaddresswiththeCopyrightOffice.TheRegistershallalsoestablishproceduresunderwhichanysuchauthormayupdatetheinformationsorecorded,andproceduresunderwhichownersofbuildingsmayrecordwiththeCopyrightOfficeevidenceoftheireffortstocomplywiththissubsection.SOURCE:(Pub.L.94-553,titleI,Sec.101,Oct.19,1976,90Stat.2560;Pub.L.101-650,titleVl,Sec.604,Dec.1,1990,104Stat.5130.)

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 454 of 523 APPENDIXC—CALIFORNIAARTSPRESERV ATIONACT(CAPA)StateLawCALIFORNIACIVILCODE§9871.TheLegislatureherebyfindsanddeclaresthatthephysicalalterationordestructionoffineart,whichisanexpressionoftheartist’spersonality,isdetrimentaltotheartist’sreputation,andartiststhereforehaveaninterestinprotectingtheirworksoffineartagainstanyalterationordestruction;andthatthereisalsoapublicinterestinpreservingtheintegrityofculturalandartisticcreations.2.Asusedinthissection:a."Artist"meanstheindividualorindividualswhocreateaworkof?neart.b."Fineart"meansanoriginalpainting,sculpture,ordrawing,oranoriginalworkofartinglass,ofrecognizedquality,butshallnotincludeworkpreparedundercontractforcommercialusebyitspurchaser.c."Person"meansanindividual,partnership,corporation,LimitedLiabilityCompany,associationorothergroup,howeverorganized.d."Frame"meanstoprepare,orcausetobeprepared,aworkof?neartfordisplayinamannercustomarilyconsideredtobeappropriateforaworkoffineartintheparticularmedium.e."Restore”meanstoreturn,orcausetobereturned,adeterioratedordamagedworkoffineartasnearlyasisfeasibletoitsoriginalstateorcondition,inaccordancewithprevailingstandards.f.“Conserve"meanstopreserve,orcausetobepreserved,aworkoffineartbyretardingorpreventingdeteriorationordamagethroughappropriatetreatmentinaccordancewithprevailingstandardsinordertomaintainthestructuralintegritytothefullestextentpossibleinanunchangingstate.9."Commercialuse"meansfineartcreatedunderawork—for-hirearrangementforuseinadvertising,magazines,newspapers,orotherprintandelectronicmedia.3.CurrentStatutoryLanguagea.Noperson,exceptanartistwhoownsandpossessesaworkoffineartwhichtheartisthascreated,shallintentionallycommit,orauthorizetheintentionalcommissionof,anyphysicaldefacement,mutilation,alteration,ordestructionofaworkoffineart.b.Inadditiontotheprohibitionscontainedinparagraph(1),nopersonwhoframes,conserves,orrestoresaworkoffineartshallcommit,orauthorizethecommissionof,anyphysicaldefacement,mutilation,alteration,ordestructionofaworkoffineartbyanyactconstitutinggrossnegligence.Forpurposesofthissection,theterm

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 455 of 523 “grossnegligence"shallmeantheexerciseofsoslightadegreeofcareastojustifythebeliefthattherewasanindifferencetotheparticularworkoffineart.4.Theartistshallretainatalltimestherighttoclaimauthorship,or,forajustandvalidreason,todisclaimauthorshipofhisorherworkoffineart.Toeffectuatetherightscreatedbythissection,theartistmaycommenceanactiontorecoverorobtainanyofthefollowing:a.b. d.e.
lnjunctiverelief.Actualdamages.Punitivedamages.intheeventthatpunitivedamagesareawarded,thecourtshall,initsdiscretion,selectanorganizationororganizationsengagedincharitableoreducationalactivitiesinvolvingthefineartsinCaliforniatoreceiveanypunitivedamages.Reasonableattorneys’andexpertwitnessfees.Anyotherreliefwhichthecourtdeemsproper.5.Indeterminingwhetheraworkoffineartisofrecognizedquality,thetrieroffactshallrelyontheopinionsofartists,artdealers,collectorsoffineart,curatorsofartmuseums,andotherpersonsinvolvedwiththecreationormarketingoffineart.‘Therightsanddutiescreatedunderthissection:Shall,withrespecttotheartist,orifanyartistisdeceased,hisorherheir,beneficiary,devisee,orpersonalrepresentative,existuntilthe50thanniversaryofthedeathoftheartist..Shallexistinadditiontoanyotherrightsanddutieswhichmaynoworinthefuturebeapplicable.Exceptasprovidedinparagraph('1)ofsubdivision(h),maynotbewaivedexceptbyaninstrumentinwritingexpresslysoprovidingwhichissignedbytheartist.6.CurrentStatutoryLanguageifaworkoffineartcannotberemovedfromabuildingwithoutsubstantialphysicaldefacement,mutilation,alteration,ordestructionofthework,therightsandduties '
createdunderthissection,unlessexpresslyreservedbyaninstrumentinwritingsignedbytheownerofthebuilding,containingalegaldescriptionofthepropertyandproperlyrecorded,shallbedeemedwaived.Theinstrument,ifproperlyrecorded,shallbebindingonsubsequentownersofthebuilding.Iftheownerofabuildingwishestoremoveaworkoffineartwhichisapartofthebuildingbutwhichcanberemovedfromthebuildingwithoutsubstantialharmtothefineart,andinthecourseoforafterremoval,theownerintendstocauseorallowthefinearttosufferphysicaldefacement,mutilation,alteration,ordestruction,therightsanddutiescreatedunderthissectionshallapplyunlessthe

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 456 of 523 ownerhasdiligentlyattemptedwithoutsuccesstonotifytheartist,or,iftheartistisdeceased,hisorherheir,beneficiary,devisee,orpersonalrepresentative,inwritingofhisorherintendedactionaffectingtheworkoffineart,orunlessheorshedidprovidenoticeandthatpersonfailedwithin90dayseithertoremovetheworkortopayforitsremoval.iftheworkisremovedattheexpenseoftheartist,hisorherheir,beneficiary,devisee,orpersonalrepresentative,titletothefineartshallpasstothatperson.c.Ifaworkoffineartcanberemovedfromabuildingscheduledfordemolitionwithoutsubstantialphysicaldefacement,mutilation,alteration,ordestructionofthework,andtheownerofthebuildinghasnotifiedtheowneroftheworkoffineartofthescheduleddemolitionortheownerofthebuildingistheowneroftheworkoffineart,andtheowneroftheworkoffineartelectsnottoremovetheworkoffineart,therightsanddutiescreatedunderthissectionshallapply,unlesstheownerofthebuildinghasdiligentlyattemptedwithoutsuccesstonotifytheartist,or,iftheartistisdeceased,hisorherheir,beneficiary,devisee,orpersonalrepresentative,inwritingoftheintendedactionaffectingtheworkoffineart,orunlessheorshedidprovidenoticeandthatpersonfailedwithin90dayseithertoremovetheworkortopayforitsremoval.Iftheworkisremovedattheexpenseoftheartist,hisorherheir,beneficiary,devisee,orpersonalrepresentative,titletothefineartshallpasstothatperson.d.Nothinginthissubdivisionshallaffecttherightsofauthorshipcreatedinsubdivision(d)ofthissection.7.Noactionmaybemaintainedtoenforceanyliabilityunderthissectionunlessbroughtwithinthreeyearsoftheactcomplainedoforoneyearafterdiscoveryoftheact,whicheverislonger.8.ThissectionshallbecomeoperativeonJanuary1,1980,andshallapplytoclaimsbasedonproscribedactsoccurringonorafterthatdatetoworksoffineartwhenevercreated.9.Ifanyprovisionofthissectionortheapplicationthereoftoanypersonorcircumstanceisheldinvalidforanyreason,theinvalidityshallnotaffectanyotherprovisionsorapplicationsofthissectionwhichcanbeeffectedwithouttheinvalidprovisionorapplication,andtothisendtheprovisionsofthissectionareseverable.

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 457 of 523 CaliforniaCivilCode,Section9891.TheLegislatureherebyfindsanddeclaresthatthereisapublicinterestinpreservingtheintegrityofculturalandartisticcreations.Asusedinthissection:a."Fineart"meansanoriginalpainting,sculpture,ordrawing,oranoriginalworkofartinglass,ofrecognizedquality,andofsubstantialpublicinterest.b."Organization"meansapublicorprivatenot-for-profitentityorassociation,inexistenceatleastthreeyearsatthetimeanactionisfiledpursuanttothissection,amajorpurposeofwhichistostage,display,orothenivisepresentworksofarttothepublicortopromotetheinterestsoftheartsorartists.c."Costofremoval”includesreasonablecosts,ifany,fortherepairofdamagetotherealpropertycausedbytheremovaloftheworkoffineart.2.Anorganizationactinginthepublicinterestmaycommenceanactionforinjunctiverelieftopreserveorrestoretheintegrityofaworkoffineartfromactsprohibitedbysubdivision(c)ofSection987.3.‘Indeterminingwhetheraworkoffineartisofrecognizedqualityandofsubstantialpublicinterestthetrieroffactshallrelyontheopinionsofthosedescribedinsubdivision(f)ofSection987.4.CurrentStatutoryLanguagea.Ifaworkoffineartcannotberemovedfromrealpropertywithoutsubstantialphysicaldefacement,mutilation,alteration,ordestructionofsuchwork,noactiontopreservetheintegrityoftheworkoffineartmaybebroughtunderthissection.However,ifanorganizationofferssomeevidencegivingrisetoareasonablelikelihoodthataworkofartcanberemovedfromtherealpropertywithoutsubstantialphysicaldefacement,mutilation,alteration,ordestructionofthework,andispreparedtopaythecostofremovalofthework,itmaybringalegalactionforadeterminationofthisissue.Inthatactiontheorganizationshallbeentitledtoinjunctiverelieftopreservetheintegrityoftheworkoffineart,butshallalsohavetheburdenofproof.Theactionshallcommencewithin30daysafterfiling.Noactionmaybebroughtunderthisparagraphiftheorganization’sinterestinpreservingtheworkofartisinconflictwithaninstrumentdescribedinparagraph(1)ofsubdivision(h)ofSection987.Iftheowneroftherealpropertywishestoremoveaworkoffineartwhichispartoftherealproperty,butwhichcanberemovedfromtherealpropertywithoutsubstantialharmtosuchfineart,andinthecourseoforafterremoval,theownerintendstocauseorallowthefinearttosufferphysicaldefacement,mutilation,alteration,ordestruction.theownershalldothefollowing:.Iftheartistorartist'sheir,legatee,orpersonalrepresentativefailstotakeactiontoremovetheworkoffineartafterthenoticeprovidedbyparagraph(2)ofsubdivision(h)ofSection987,theownershallprovide30days‘noticeofhisorherintendedactionaffectingtheworkofart.Thewrittennoticeshallbeadisplay

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 458 of 523 advertisementinanewspaperofgeneralcirculationintheareawherethefineartislocated.Thenoticerequiredbythisparagraphmayrunconcurrentlywiththenoticerequiredbysubdivision(h)ofSection987.i.Ifwithinthe30-dayperiodanorganizationagreestoremovetheworkoffineartandpaythecostofremovalofthework,thepaymentandremovalshalloccurwithin90daysofthefirstdayofthe30-daynotice.ii.Iftheworkisremovedattheexpenseofanorganization,titletothefineartshallpasstothatorganization.Ifanorganizationdoesnotagreetoremovetheworkoffineartwithinthe30-dayperiodorfailstoremoveandpaythecostofremovaloftheworkoffineartwithinthe90-dayperiod,theownermaytaketheintendedactionaffectingtheworkoffineart..Toeffectuatetherightscreatedbythissection,thecourtmaydothefollowing:Awardreasonableattorney‘sandexpertwitnessfeestotheprevailingparty,inanamountasdeterminedbythecourt.Requiretheorganizationtopostabondinareasonableamountasdeterminedbythecourt..Noactionmaybemaintainedunderthissectionunlessbroughtwithinthreeyearsoftheactcomplainedoforoneyearafterdiscoveryofsuchact,whicheverislonger..ThissectionshallbecomeoperativeonJanuary1,1983,andshallapplytoclaimsbasedonactsoccurringonorafterthatdatetoworksoffineart,whenevercreated..Ifanyprovisionofthissectionortheapplicationthereoftoanypersonorcircumstancesisheldinvalid,suchinvalidityshallnotaffectotherprovisionsorapplicationsofthissectionwhichcanbegiveneffectwithouttheinvalidprovisionorapplication,andtothisendtheprovisionsofthissectionareseverable.

AGENDA ITEM #10.13
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CERTIFICATION
l,SabdiSanchez,CityClerkAdministratoroftheCityoflndio,California,herebycertifythatResolutionNo.10113wasdulyandregularlyadoptedatameetingoftheCityCouncilofsaidCityatitsmeetingheldonthe18thdayofSeptember2019,bythefollowingvote,towit:

Ayes:Ortiz,Holmes,MillerandRamosAmithNoes:NoneAbsent:FermonINWITNESSWHEREOF,IhavehereuntosetmyhandandaffixedtheofficialsealoftheCityoflndio,California,this18thdayofSeptember2019.

SABDANCHEZ,CCityClerkAdministratorCityoflndio

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 460 of 523 Attachment B

Stone Sculptures

AGENDA ITEM #10.13
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AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 462 of 523 Vertical Stone Sculpture

Horizontal Stone Sculpture

AGENDA ITEM #10.13
Deaccession of two stone sculptures in front of the City Hall: Approve t... Page 463 of 523 City of Indio
City Council
October 4, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approve the Amended and Restated Agreement (No. 1) with Desert Recreation District to provide park supervision and custodial services for five years, at a current-year cost of $379,501.

RECOMMENDATION:

Approve the Amended and Restated Agreement (No. 1) with Desert Recreation District to provide park supervision and custodial services for five years, at a current-year cost of $379,501.

SUMMARY:

On February 15, 2023, the City entered into Agreement No. 22-11-003-IC with the Desert Recreation District (DRD) to administer certain recreational activities and related services that benefit the residents of Indio. On September 12, 2023, the Desert Recre ation District submitted a proposal to provide park supervision and custodial services at the City’s parks.

BACKGROUND INFORMATION:

The City boasts 13 beautiful parks and open spaces that attract visitors seeking outdoor recreational opportunities. Additionally, City has recently made, and continues to make, a significant investment in its parks to enhance the user experience to increase usage and diversify activities available.

Unfortunately, there continues to be a segment of park users that use the pa rks for illegal activities, reducing the overall sense of safety for the public. This has created a growing need for effective management, safety, and oversight of the City parks.

DRD is uniquely qualified to assist City enhance the user experience and protect its recent investments in park improvements. DRD has provided similar services successfully for the City of Palm Desert for over twenty years.

The current agreement between DRD and the City is for the administration and programming of activities at the City’s 13 parks. Specifically, DRD is responsible for park facility reservations, scheduling programs, controlling sports field lighting at parks associated with their programmed activities, and reporting any property damage or misuse of parks, such as vandalism and graffiti. The City is responsible for overall maintenance of each park, park security, cost of utilities, and providing access to park lighting and equipment used for sports fields and courts.

Reservations, scheduling, and fees, follow DRD’s process and forms. All fees are to be paid directly to DRD, according to their current Park User Fee Schedule. Fees are retained by DRD to provide the recreational, cultural, and educational programming, and for coordinating with groups who request AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 464 of 523 park use such as community-based organizations, youth sports leagues, non-profit organizations, and private parties. District policies establishes fees that are intended to reflect priority access for residents and fees are amended annually.

This Amended and Restated Agreement (No. 1), Attachment 1, has the primary objectives of adding safety/security, community engagement, and maintenance support to DRD’s scope of services. DRD proposes to provide park supervision between the hours of 6:00 am to 11:00 pm, 7-days a week, 365 days a year, like what is provided at other Cities they serve. They will staff this with five full time employees, and four half/part time employees to supplement and provide gap coverage. Park attendants will open and secure the park s, provide information to park users, trained to respond to medial emergencies in the parks, and ensure compliance with park rules and regulations. Custodial support includes, cleaning and stocking restrooms, prepare rental spaces, and report broken equipment, vandalism, and other maintenance issues to the City for prompt resolution.

The Desert Recreation District provided a presentation of the added services included in this Amended and Restated Agreement No.1, to the Community Services Commission at their September 19, 2023, meeting. The DRD Board of Directors will be voting on the amended agreement at their meeting on September 27, 2023.

Approval of this item will allow DRD to recruit staff for these positions. DRD plans to start mobilization and training on November 1, 2023, then on November 15, 2023, will be the first day to have park attendants in the parks.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$379,501 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$558,825 Strategic Objective:

Source of funds: Capital Improvement Funds Fund-Org-Object Reference:
300-521036

Additional Financial Details:

The City will compensate the DRD on a time and materials basis. The budget will cover salaries, and benefits for Park Attendants, training expenses, uniforms, equipment, educational materials, custodial supplies, transportation, and community engagement services.

*FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28
Total Budget $379,501 $558,825 $573,978 $591,680 $608,919 *For FY 2023-24, contract costs has been prorated based on $546,978 per fiscal year and a November 1, 2023, mobilization date.

For the current fiscal year, funds ($379,501) will be sourced from Project PK2407-Roadway/ Parkway Landscaping Improvements, appropriated in the Capital Improvement Program fund at $4.5 million. Future fiscal year costs will be incorporated into the Public Works General Fund budget for parks & parkways.

AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 465 of 523 ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 27 Sep 2023 Steven Graham, City Attorney Approved - 27 Sep 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 27 Sep 2023 Bryan H. Montgomery, City Manager Approved - 27 Sep 2023

AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 466 of 523 ATTACHMENT 1
AMENDED AND RESTATED AGREEMENT NO. 1

AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 467 of 523

AMENDED AND RESTATED
AGREEMENT NO. 22-11-003-IC

BETWEEN THE CITY OF INDIO
AND

THE DESERT RECREATION DISTRICT

Agreement between City of Indio and Desert Recreation District No. 22-11-003-IC 1 of 10

This Amended and Restated Agreement No. 1 ("Amended Agreement") is made and entered into by and between the City of Indio, a California municipal corporation ("CITY") and Desert Recreation District, a California special district ("DISTRICT"), with respect to the following:

RECITALS

WHEREAS, the CITY owns or leases certain real property that is used for various recreational and community activities; and,

WHEREAS, the DISTRICT also owns or leases certain real property within the CITY that is used for such activities and is authorized and uniquely qualified to provide and administer these activities; and

WHEREAS, the DISTRICT's mission is to provide and administer certain recreational activities and related services that benefit the residents of Indio; and

WHEREAS, the CITY has a growing need for the effective management, safety, and oversight of CITY parks; and,

WHEREAS, the DISTRICT is uniquely qualified to assist the City to enhance the user experience and protect its recent investment in park improvements; and

WHEREAS, on February 15, 2023, the CITY entered into Agreement 22- 11-003-IC (the “Agreement”) with the DISTRICT to administer certain recreational activities and related services that benefit the residents of Indio; and

WHEREAS, the CITY and DISTRICT now wish to amend the Agreement to increase the maximum annual expenditure authority and add additional services consistent with the proposal dated September 12, 2023 attached an incorporated as part of revised Exhibit “A” (the “Proposal”); and

WHEREAS, the DISTRICT now desires to include in the activities and services provided to CITY under the Agreement those activities and services set out in the Proposal as more fully described in the Proposal, to enhance safety and security, community engagements and maintenance support to the City.

NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants hereinafter contained, and based upon confirmation that the recitals set out above are true and correct the parties agree as follows:

1.0. Term and Termination.

(a) All Recitals set out above are true and correct.

(b) The term of this Agreement shall commence upon its execution by both parties and shall end upon termination by either Party with not less than ninety (90) days' notice. All days

AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 468 of 523

AMENDED AND RESTATED
AGREEMENT NO. 22-11-003-IC

BETWEEN THE CITY OF INDIO
AND

THE DESERT RECREATION DISTRICT

Agreement between City of Indio and Desert Recreation District No. 22-11-003-IC 2 of 10

set out are calendar days unless otherwise provided.

Either Party may terminate this Agreement for any reason, with or without cause, upon issuance to the other of a prior written Notice of Termination. Such a Notice of Termination shall become effective upon completion of outstanding reservations and activities as of the date of the Notice of Termination. DISTRICT shall inform CITY of that date upon issuance or receipt of any such Notice of Termination.

2.0 Obligations of the DISTRICT.

(a) DISTRICT shall administer park facility reservations with the work, tasks and functions outlined in the Scope of Services, attached hereto, and incorporated herein by this reference as Exhibit A.

(b) The Manager shall coordinate with the City Manager, or his/her respective designates, regarding the Services. DISTRICT shall comply with all applicable local, state, or federal laws, regulations, or guidelines in its performance under this Agreement.

(c) DISTRICT shall perform the Services to the same standards as those which apply to services it performs throughout the DISTRICT's service area.

(d) The DISTRICT shall determine, apply, collect, retain, and administer all fees and charges for activities and related services in the manner and based upon the rates set out in the DISTRICT's current Park User Fee Schedule.

(i) may adjust such fees and charges as allowed by law.

(ii) shall provide quarterly reports to CITY of the fees collected.

(e) DISTRICT shall promote and market all programs, classes and events provided under Exhibit "A."

(f) The DISTRICT shall provide the CITY with a quarterly report and update on the progress of their programs, events, and overall condition of the Parks.

(g) Upon provision of access by the CITY, DISTRICT shall control sports field lighting for parks, i.e., to turn on and off lighting associated with reservations.

(h) The DISTRICT shall notify the CITY of any damage to or misuse of parks. Examples of reportable incidents include but not limited to graffiti, vandalism, and other types of property damage. The DISTRICT shall notify the CITY immediately of any potential safety hazards in the parks.

(i) The DISTRICT shall notify the CITY of any damage to or misuse of Parks. Examples of reportable incidents include but are not limited to graffiti, vandalism, and other types of property

AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 469 of 523

AMENDED AND RESTATED
AGREEMENT NO. 22-11-003-IC

BETWEEN THE CITY OF INDIO
AND

THE DESERT RECREATION DISTRICT

Agreement between City of Indio and Desert Recreation District No. 22-11-003-IC 3 of 10

damage. The DISTRICT shall notify the CITY immediately of any observed potential safety hazards in the Parks.

(j) Monitoring and Surveillance: Park attendants will open and secure, conduct regular monitoring of the designated parks and open spaces, with the goal of ensuring compliance with rules and regulations, prevention of incidents, and responding to emergencies. The Parks to be served are set out in revised Exhibit “A” and the Proposal.

(k) Visitor Assistance: Park attendants will provide information to park users, assist with directions, address inquiries about park rules, activities, facilities, and events.

(l) Emergency Response: Park Attendants will be trained to respond to medical emergencies, natural disasters, and other incidents that may arise within the parks.

(m) Maintenance Support: Park Attendants will clean and stock restrooms, prepare rental spaces, report maintenance needs, vandalism, and other issues to appropriate CITY departments for prompt resolution.

(n) Performance tracking shall be added to read as follows: District shall collect and maintain the following information to track performance. Such information shall be provided to CITY on a quarterly basis or upon CITY’s request:

(o) Evaluation and Performance Metrics: To measure the success of the partnership, the following performance metrics will be tracked:

(p) Park User Satisfaction: Conduct regular surveys to assess visitor satisfaction with the park services and their impact on the overall park experience.

(q) Incident Reports: Track the number and types of incidents reported within the parks and evaluate the effectiveness of park staff interventions.

(r) Community Engagement: Measure the attendance and participation rates in recreational programs, activities, and events organized by the DISTRICT.

(s) DISTRICT shall provide staff at the level and times set out in the Proposal, included as part of revised Exhibit “A”.

3.0 Obligations of the CITY.

(a) In consideration of the provision of this Agreement, CITY provides full and complete access to the Parks set out on Exhibit "A."

(b) The CITY will continue to maintain the overall maintenance of each CITY Park listed in Exhibit "A." Such maintenance shall be at a level which supports 's provision of Services. Such maintenance shall include, but is not limited to, regular maintenance,

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repair, and replacement of turf, play structures, water structures, electrical issues, and lighting fixtures to standards [adopted by the CITY] as well as mowing, planting, graffiti removal, and parking lot repair and maintenance. Maintenance specifically includes dragging the field for sports games.

(c) CITY Ordinance: CITY will adopt and post park ordinances for Park Attendants to educate park users and the Indio Police Department to enforce. The CITY also will respond promptly to DRD request for law enforcement. Indio Police Department will provide supplemental training and resources for Park Attendants. CITY sta ff and contractors will also enforce/educate park users when in the parks.

(d) CITY shall be responsible for the cost of all utilities at the Parks and for providing access to the DISTRICT for sports field lighting.

(e) CITY shall work with to confirm a system, acceptable to both Parties, for controlling park maintenance, irrigation, open and closing of restrooms to support the Services.

(f) CITY shall provide access to the equipment inventory associated with use of the fields and other Park facilities, including but not limited to nets, bases, and all other related equipment. CITY shall maintain and repair such equipment in a timely manner upon notice from DISTRICT.

(g) CITY shall include publicity for DISTRICT programs in the CITY on its website and in CITY publications.

(h) CITY will compensate the DISTRICT on a time and mater ls basis as outlined in Exhibit B and the Proposal Pricing Matrix. Pricing Matrix covers salaries and benefits for Park Attendants, training expenses, uniforms, equipment, educational materials, custodial supplies, transportation, and community engagement events not already a part of the DRD program. DISTRICT shall bill CITY monthly and CITY shall pay any undisputed billings within 30 calendar days of receipt of the billing. The price for services will be increased annually as determined by adoption of the District’s annual budget. Any billing disputes initially may be resolved pursuant to Section 6.0 of this Agreement. The DISTRICT may terminate services upon CITY’S failure to pay undisputed amounts within 60 calendar days of the date of the billing.

4.0 Mutual Indemnity and Release. The CITY and the DISTRICT each hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents, and authorized volunteers (collectively, "lndemnitees") from and against any and all claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") a rising out of the indemnifying party's activities in the performance of this Agreement, or to the indemnifying party's acts and/or omissions in providing or administering the same.

5.0 Insurance. Each party to this Agreement shall maintain, for the Term of the Agreement, general

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liability insurance in the minimum amount of $1 million per occurrence / $2 million general aggregate, and workers' compensation insurance (statutory limits)/ employer's liability insurance in the minimum amount of $1 million per accident or disease. (a) CITY'S Insurance Obligation. Without limiting the indemnification prov1s1ons provided herein, CITY, at its sole expense, shall obtain and keep in force during the term of this AGREEMENT and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Premises resulting from any actions or omissions of the CITY or any use of the Premises by the CITY or its invitees in accordance with the terms of this AGREEMENT. At the CITY's option, CITY shall be allowed to self-insure the insurance coverage as required above.

(b) DISTRICT's Insurance Obligation. Without limiting the indemnification provisions provided herein, DISTRICT, at its sole expense, shall obtain and keep in force during the term of this AGREEMENT and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Premises resulting from any actions or omissions of DISTRICT or any use of the Premises by DISTRICT or its invitees in accordance with the terms of this AGREEMENT. The
coverage shall provide
for a combined single limit of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Prior to the Commencement Date of this AGREEMENT, and upon renewal of such policies, DISTRICT shall submit to CITY certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect.

(c) The CITY and The DISTRICT mutually represent and acknowledge that both are members of the California Joint Powers Insurance Authority ("JPIA"), a municipal self-insurance pool. The California JPIA provides liability coverage, including general liability and automobile liability, to the CITY and DRD.

(d) If at any point during the term of this Agreement, CITY or DISTRICT no longer receive liability coverage through the California JPIA, the parties mutually agree to renegotiate the insurance requirements contained herein.

6.0 Dispute Resolution: If the event that there is a dispute as to the interpretation of this Agreement, the City Manager and General Manager (or their designees) shall meet to try to resolve the issue.

Any such resolution shall be confirmed in writing and attached to this Agreement to confirm such interpretation.

7.0 Ownership of Documents. Each Party shall retain ownership of its own documents.

Notwithstanding, upon reasonable request, shall make available to CITY all public documents prepared by the DISTRICT pursuant to this Agreement.

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8.0 Notices and Designated Rep resentatives. Any and all notices, demands, invoices and written communications between the Parties hereto shall be addressed as follows and the positions designated are primarily responsible for the performance by the Parties under this Agreement:

CITY City Manager
100 Civic Center Mall
Indio, CA 92201
(760) 391-4000
(760) 391-4008 Fax

DRD: General Manager
Desert Recreation District
45-305 Oasis St.

Indio, CA 92201
(760) 347-3484

Any such notices, demands, invoices and written communications shall be given personally, by fax or by mail and shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, first class, postage prepaid and properly addressed as set forth above.

9.0 Independent Contractor. The Parties hereto agree that the DISTRICT and its officers, employees, agents, and volunteers, providing Services per this Agreement are independent contractors and shall not be construed for any purpose to be employees of CITY. The Parties further agree that the CITY and its officers, employees, agents, and volunteers providing any Services under this Agreement are and remain independent contractor as to DISTRICT.

10.0 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Riverside County.

11.0 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each Party to this Agreement acknowledges that no representation, statement, agreement or promise by either Party that is not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all Parties. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

12.0 Attorneys' Fees. The prevailing Party in any litigation to interpret or enforce this Agreement shall be entitled to recover attorneys' fees and costs in any amount to be determined by the court.

13.0 Equal Employment Opportunity. In connection with its performance under this Agreement, The DISTRICT shall not discriminate against any person seeking Services or any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin or other protected class, or association with such protected class. The DISTRICT

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shall ensure that Services are obtained, and employment applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin or other protected class or association with such protected class. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

14.0 Assignment. No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by the DISTRICT without the prior written consent of CITY. Any attempt by the DISTRICT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

15.0 Permits and Licenses. DISTRICT shall obtain and maintain during the Agreement term any necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license if required.

16.0 Drafting of this Agreement. No provision of this Agreement shall be interpreted for or against any Party because that Party's legal counsel drafted such provision. This Agreement shall be construed as if jointly prepared by both Parties.

(Signature Page below)

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth below:

DESERT RECREATION DISTRICT

________________________________
Kevin Kalman
General Manager

CITY OF INDIO

_________________________________
Bryan Montgomery
City Manager

ATTEST:

__________________________________
Sabdi Sanchez
City Clerk Administrator

APPROVED AS TO FORM:

___________________________________

STEVEN GRAHAM
City Attorney

Date: ____________

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Exhibit A
Scope of Services
DISTRICT shall be responsible for the following:

1. Reservation scheduling at the CITY Parks below. Such reservation scheduling shall be performed using DISTRICT's process, forms, and fee schedule. All fees for reservation schedule and park use shall be paid to DISTRICT. All fees shall be retained by the DISTRICT.

2. Program Scheduling and Operation. DISTRICT shall determine the programs to be offered at such parks. Such program operations shall include recreational, cultural, and educational programs of a nature and type similar to that provided in other portions of the DISTRICT and to the same standards. The DISTRICT shall coordinate with those groups requesting parks use, including but not limited community -based organizations, youth sports leagues, non- profits, and private parties. The DISTRICT's AP 601 Policy establishes fees and charges that are intended to reflect priority access for DISTRICT residents, which is utilized throughout the DISTRICT to set fees and is amended annually.

3. Additional Services Requested by CITY: In the event CITY requests specific or additional Services or programs not otherwise provided, CITY and DISTRICT shall agree upon the compensation for such programs before they are scheduled or advertised.

4. CITY Parks included within this Agreement:

1. Burr Park

2. Cahuilla Park

3. Davis Field

4. Dominguez Park

5. Doug York Plaza

6. Dr. Carreon Pak

7. Hjorth Park

8. Miles Avenue Park

9. Mulligan Dog Park

10. North Jackson Park

11. Patton Park

12. Shields Park

13. South Jackson Park

14. South Jackson Soccer Park

15. Station 87 Dog Park

16. Yucca Park

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Proposal dated September 12, 2023, follows.

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roposal for Park Supervision Services in the City of Indio by the Desert Recrea�on District Execu�ve Summary:

We present this proposal to expand the partnership between the Desert Recrea�on District (DRD) and the City of Indio (City) by providing park supervision and custodial services. The goal of this collabora�on is to enhance safety, sustainability, and recrea�onal experiences within the city's parks and open spaces.

By leveraging DRD's exper�se in managing and maintaining recrea�onal facili�es, and its commitment to community engagement, we aim to create a well-rounded, safe, and enjoyable environment for park users.

Background:

City boasts 13 beau�ful parks and open spaces that atract visitors seeking outdoor recrea�onal opportuni�es. Addi�onally, City has recently made, and con�nues to make, a significant investment in its parks to enhance the user experience to increase usage and diversify ac�vi�es available. Unfortunately, there con�nues to be a segment of park users that use the parks for illegal ac�vi�es reducing the overall sense of safety for the public. This has created a growing need for effec�ve management, safety, and oversight of the City parks.

DRD is uniquely qualified to assist City enhance the user experience and protect its recent investments in park improvements. DRD has provided similar services successfully for the City of Palm Desert for over twenty years.

Objec�ves:

The primary objec�ves of this proposal are as follows:

1. Safety and Security: Deploy Park Atendants to ensure the safety of park visitors, monitor ac�vi�es, and aid during emergencies.

2. Community Engagement: Foster posi�ve interac�ons between DRD staff, City staff, IPD and the community, organizing recrea�onal programs, ac�vi�es, and events.

3. Maintenance Support: Assist in maintaining park facili�es and ensuring that they are safe, well- kept, and clean for all visitors.

DRD Responsibili�es:

1. Patrol and Surveillance: Park atendants will open and secure, conduct regular patrols of the designated parks and open spaces, ensuring compliance with rules and regula�ons, preven�ng i
ncidents, and responding to emergencies. Designated parks are further described in Exhibit B atached.

Proposal Date: September 12, 2023