Agenda — Indio City Council, February 21, 2024 (part 2 of 3)

Approval of a Commercial Lease Agreement with Family YMCA of the Desert,... Page 116 of 328 City of Indio
City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with Three Peaks Corp, in an amount not-to-exceed $770,500 for the Downtown Parking Lots Project (City Project No. ST2406)

RECOMMENDATION:

Approve the project plans and specifications for the Downtown Parking Lots Project (City Project No. ST2406); and award a construction contract to Three Peaks Corp, in an amount not-to-exceed $770,500.

SUMMARY:

On January 11, 2024, staff received five (5) construction bids for the Downtown Parking Lots Project. After a thorough bid analysis and due diligence, staff determined that Three Peaks Corp is the lowest responsive bidder.

BACKGROUND INFORMATION:

The project consists of constructing three (3) parking lots in the downtown area of the City. Work will include the removal of existing concrete, pavement, landscape, irrigation, and the construction of new concrete curbs and gutters, curb ramps, sidewalk, driveways, pavement, traffic control, and striping.

The first parking lot is located south of Indio Boulevard under the Jackson Street bridge and the second and third are to the west of Fargo Street between Indio Boulevard and Bliss Avenue on either side of the Desert Theatreworks building.

The construction part of the project was advertised on December 1, 2023. The City received and opened bids on January 11, 2024. A total of five (5) sealed bids were received. A summary of the bids as opened are provided below.

Bidder’s Name Location Total Bid
LC Paving and Sealing Inc. Escondido, CA $822,324.25
Three Peaks Corp. Calimesa, CA $844,000.00*
Universal Construction and Engineering Palm Desert, CA $863,232.35 Granite Construction Company Indio, CA $974,479.00
IE General Engineering Inc. Beaumont, CA $1,089,613.00* *as publicly read aloud on bid opening day.

AGENDA ITEM #8.7
Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 117 of 328 On January 17, 2024, Three Peaks Corp. submitted a bid protest about a pricing discrepancy in their bid for items 21 and 31. According to our bid guidelines, the written unit price takes precedence in such cases. As a result, their adjusted total bid price is now $770,500.00, making them $51,824.25 lower than LC Paving and Sealing, Inc.’s bid.

Despite giving LC Paving and Sealing, Inc. until January 26, 2024, to address the bid protest, they did not respond. After a thorough examination of the bids by the Public Works staff and careful consideration of project requirements, it has been determined that Three Peaks Corp. is the lowest responsive bidder. They possess the necessary licenses and qualifications to meet the project specifications.

In light of these findings, the City Engineer recommends that the City Council accept Three Peaks Corp.'s bid protest, approve the project bid documents available at the Department of Public Works, and grant the contract to Three Peaks Corp. Construction is scheduled to occur between March and June 2024.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$750,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: CIP Funds Fund-Org-Object
Reference:
300-523006

Additional Financial Details:

The Fiscal Year 2023/24 Capital Improvement Program budget included $440,000 for the Jackson Underpass Parking and Landscaping project. Staff recommends the remaining funds in the amount not-to-exceed $310,000 come from the Roadway/Parkway Landscaping Improvements Project budget.

ST2406 Jackson Underpass Parking and Landscaping $440,000 PK2407 Roadway/Parkway Landscaping Improvements $310,000 Total $750,000

ATTACHMENTS:

Attachment 1 - Bid Protest
Attachment 2 - City Contract w/ Three Peaks
Attachment 3 - Project Map

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 14 Feb 2024

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 118 of 328 Steven Graham, City Attorney Approved - 15 Feb 2024
Glendale Berdan, Accountant Approved - 16 Feb 2024
Bryan H. Montgomery, City Manager Approved - 16 Feb 2024

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 119 of 328 ATTACHMENT 1
Bid Protest
Three Peaks Corp.

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 120 of 328 PO BOX 101 - Calimesa, Ca 92320
909-795-1690
License #941528
January 17, 2023
City of Indio
100 Civic Center Mall
Indio, Ca 92201
Attn: Timothy T. Wassil, PE, Public Work Director

SENT VIA EMAIL
Re: Downtown Parking Lots Project, City Project Number ST2406 This Letter is to notify you that Three Peaks Corp. is protesting the bid from January 11, 2024, in which L.C. Paving and Sealing, Inc. was the apparent low bidder at the bid opening. In the Instructions to Bidders, DISCREPANCIES IN BIDS, it states that “(i)n case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail”. Our proposal had a discrepancy in the extended amount for items 21 and 31. When corrected to reflect the accurate extended amount, our total bid price is now $770,500.00 as reflected in the official bid results posted by the City on 1/16/2024 at 4:47PM.

We request that the City find Three Peaks Corp. as the lowest responsible bidder based on the official bid results that were posted to the City website.

Respectfully,
Erik Simmons, President
Enclosure: Official Bid Results
Cc: L.C. Paving and Sealing, Inc.

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 121 of 328 /0 /1 /2 /3 /4 /5 □ /2 /7 □ /8 /3 /9 /9 □ /9 /10 /11 /2 □ /12 /12 /13 /14 /15 /16 /14 /17 /18 □ /20 /21 /13 □ /22 /13 /21 /22 /21 /17 /23 /24 /17 □ /25 /13 /20 /22 /17 /26 /27 /28 /29 □ /31 □ /32 /33 /34 /35 /36 /37 □ /31 □ /38 /39 /40 /27 /33 /39 /40 /27 □ /41 /42 /43 /44 /28 /27 /45 □ /46 /39 /33 /32 □ /41 /43 /39 /47 /48 /49 /33 /32 /50 /48 /41 /42 /43 /33 /51/48 /27 /33 /52 /53 /54 /55 /56 /57 /58 □ /60/61 /62 /63 /64 /65 /42 /33 /48 /45 /39 /43 /66 /52 /67 /57 /68 □ /69 /70 /64 /54 /56 /71 /64 /72 /33 /42 /43 /33 □ /50 /42 /33 /48 /52 /73 /74 /75 /74 /76 /75 /77 /73 /77 /78 □ /78 /79 /78 /80 □ /53 /81 /65 /46 /39 /32 /48 □ /50 /42 /33 /48 /52 /82 /67 /83
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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 122 of 328 BASE AMOUNT:

NO. ITEM UNIT ESTIMATED

QUANTITY

UNIT PRICES EX
TE

UNIT PRICES EX
TE
1 Mobilization / Demobilization
(Not to Exceed 5% of Total
LS 1 $ 41,000.00 $ 41,000.00 $ 35,309.00 $ 35,309.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 2 Dust Control LS 1 $ 22,000.00 $ 22,000.00 $ 12,500.00 $ 12,500.00 $ 9,000.00 $ 9,000.00 $ 35,000.00 $ 35,000.00 $ 30,000.00 $ 30,000.00 3 SWPPP LS 1 $ 25,000.00 $ 25,000.00 $ 6,000.00 $ 6,000.00 $ 12,000.00 $ 12,000.00 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9,000.00 4 Temporary Traffic Control LS 1 $ 31,500.00 $ 31,500.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 5 Rough Grading LS 1 $ 22,500.00 $ 22,500.00 $ 66,495.00 $ 66,495.00 $ 107,420.00 $ 107,420.00 $ 93,753.60 $ 93,753.60 $ 68,000.00 $ 68,000.00 6 Remove and Grind Existing AC Pacement SF 12,758 $ 2.50 $ 31,895.00 $ 1.00 $ 12,758.00 $ 0.50 $ 6,379.00 $ 1.25 $ 15,947.50 $ 2.00 $ 25,516.00 7 Remove and Dispose of Existing Misc Concrete
Pavement
SF 3,490 $ 3.25 $ 11,342.50 $ 4.00 $ 13,960.00 $ 5.20 $ 18,148.00 $ 3.10 $ 10,819.00 $ 3.00 $ 10,470.00 8 Remove and Dispose of 6” Curb Only LF 557 $ 14.25 $ 7,937.25 $ 10.00 $ 5,570.00 $ 17.50 $ 9,747.50 $ 8.50 $ 4,734.50 $ 12.00 $ 6,684.00 9 Remove and Dispose of 6” Curb and 24”
Gutter
LF 61 $ 36.00 $ 2,196.00 $ 15.00 $ 915.00 $ 47.00 $ 2,867.00 $ 16.00 $ 976.00 $ 34.00 $ 2,074.00 10 Remove Landscape Boulders and Stockpile for
Future Use in Landscape Areas
LS 1 $ 3,700.00 $ 3,700.00 $ 800.00 $ 800.00 $ 3,070.00 $ 3,070.00 $ 1,200.00 $ 1,200.00 $ 5,000.00 $ 5,000.00 11 Remove Sign Post and Foundation EA 5 $ 830.00 $ 4,150.00 $ 100.00 $ 500.00 $ 375.00 $ 1,875.00 $ 350.00 $ 1,750.00 $ 500.00 $ 2,500.00 12 Remove Existing Grass and Irrigation System SF 13470 $ 2.25 $ 30,307.50 $ 1.00 $ 13,470.00 $ 1.30 $ 17,511.00 $ 1.80 $ 24,246.00 $ 7.00 $ 94,290.00 13 Remove Existing Tree and Stump Complete EA 14 $ 1,800.00 $ 25,200.00 $ 2,280.00 $ 31,920.00 $ 1,000.00 $ 14,000.00 $ 1,500.00 $ 21,000.00 $ 1,760.00 $ 24,640.00 14 Remove Existing Gazebo and Retaining Walls LS 1 $ 22,000.00 $ 22,000.00 $ 13,846.00 $ 13,846.00 $ 29,926.00 $ 29,926.00 $ 35,000.00 $ 35,000.00 $ 10,000.00 $ 10,000.00 15 Remove Existing Decomposed Granite Path SF 1,488 $ 3.50 $ 5,208.00 $ 3.00 $ 4,464.00 $ 2.70 $ 4,017.60 $ 0.30 $ 446.40 $ 2.00 $ 2,976.00 16 Remove and Salvage Ex Benches for City Use EA 4 $ 900.00 $ 3,600.00 $ 200.00 $ 800.00 $ 235.00 $ 940.00 $ 560.00 $ 2,240.00 $ 500.00 $ 2,000.00 17 Remove Existing Sign and Landscape EA 1 $ 16,000.00 $ 16,000.00 $ 28,000.00 $ 28,000.00 $ 5,150.00 $ 5,150.00 $ 900.00 $ 900.00 $ 5,000.00 $ 5,000.00 18 Construct 6” Curb and Gutter LF 63 $ 80.00 $ 5,040.00 $ 63.00 $ 3,969.00 $ 60.00 $ 3,780.00 $ 100.00 $ 6,300.00 $ 70.00 $ 4,410.00 19 Construct 6” Curb Only LF 1,462 $ 31.50 $ 46,053.00 $ 44.00 $ 64,328.00 $ 35.00 $ 51,170.00 $ 40.00 $ 58,480.00 $ 35.00 $ 51,170.00 20 AC Pavement TON 803 $ 160.00 $ 128,480.00 $ 165.00 $ 132,495.00 $ 150.00 $ 120,450.00 $ 150.00 $ 120,450.00 $ 275.00 $ 220,825.00 21 Class II Aggregate Base CY 412 $ 80.00 $ 32,960.00 $ 70.00 $ 28,840.00 $ 143.00 $ 58,916.00 $ 85.00 $ 35,020.00 $ 120.00 $ 49,440.00 22 Construct Commercial Driveway Approach (Std
Plan no. 130 - modified)
EA 1 $ 8,000.00 $ 8,000.00 $ 10,055.00 $ 10,055.00 $ 7,080.00 $ 7,080.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 23 Sawcut Existing Pavement LF 320 $ 5.50 $ 1,760.00 $ 5.00 $ 1,600.00 $ 8.00 $ 2,560.00 $ 5.00 $ 1,600.00 $ 6.00 $ 1,920.00 24 Construct 2” Grind and Overlay SF 607 $ 13.50 $ 8,194.50 $ 8.00 $ 4,856.00 $ 15.00 $ 9,105.00 $ 5.00 $ 3,035.00 $ 4.25 $ 2,579.75 25 Construct 4” Thick Sidewalk SF 2820 $ 11.00 $ 31,020.00 $ 11.00 $ 31,020.00 $ 9.10 $ 25,662.00 $ 14.00 $ 39,480.00 $ 4.10 $ 11,562.00 26 Construct Ribbon Gutter LF 1047 $ 46.50 $ 48,685.50 $ 35.00 $ 36,645.00 $ 36.00 $ 37,692.00 $ 70.00 $ 73,290.00 $ 21.00 $ 21,987.00 27 Construct Curb Inlet Combination Catch
Basin/Dry Well
EA 2 $ 8,500.00 $ 17,000.00 $ 19,840.00 $ 39,680.00 $ 22,325.50 $ 44,651.00 $ 52,000.00 $ 104,000.00 $ 46,750.00 $ 93,500.00 28 Construct Grated Inlet Catch Basin with Filter
Insert
EA 2 $ 9,650.00 $ 19,300.00 $ 5,750.00 $ 11,500.00 $ 8,700.00 $ 17,400.00 $ 9,000.00 $ 18,000.00 $ 8,800.00 $ 17,600.00 29 Construct Gutter Depression SF 73 $ 55.00 $ 4,015.00 $ 25.00 $ 1,825.00 $ 60.00 $ 4,380.00 $ 40.00 $ 2,920.00 $ 40.00 $ 2,920.00 30 Construct Access Ramp, Case A
EA 1 $ 5,500.00 $ 5,500.00 $ 5,700.00 $ 5,700.00 $ 6,800.00 $ 6,800.00 $ 1,200.00 $ 1,200.00 $ 10,000.00 $ 10,000.00 31 Construct Access Ramp, Case C
EA 2 $ 5,400.00 $ 10,800.00 $ 5,250.00 $ 10,500.00 $ 4,800.00 $ 9,600.00 $ 1,400.00 $ 2,800.00 $ 10,000.00 $ 20,000.00 32 Construct Access Ramp, Case F (Modified)
EA 5 $ 5,000.00 $ 25,000.00 $ 5,100.00 $ 25,500.00 $ 3,500.00 $ 17,500.00 $ 925.00 $ 4,625.00 $ 10,000.00 $ 50,000.00 33 Furnish and Install 12 N12 HDPE Pipe with
Fittings
LF 28 $ 315.00 $ 8,820.00 $ 70.00 $ 1,960.00 $ 171.00 $ 4,788.00 $ 150.00 $ 4,200.00 $ 75.00 $ 2,100.00 34 Construct Cross Gutter Spandrel SF 214 $ 25.00 $ 5,350.00 $ 38.00 $ 8,132.00 $ 20.00 $ 4,280.00 $ 35.00 $ 7,490.00 $ 18.00 $ 3,852.00 35 Construct Curb Transition 0” to 6” LF 138 $ 20.00 $ 2,760.00 $ 54.00 $ 7,452.00 $ 40.00 $ 5,520.00 $ 50.00 $ 6,900.00 $ 40.00 $ 5,520.00 36 Furnish and Install 4’ Wheel Stop EA 39 $ 50.00 $ 1,950.00 $ 71.00 $ 2,769.00 $ 66.00 $ 2,574.00 $ 60.00 $ 2,340.00 $ 66.00 $ 2,574.00 37 Furnish and Install 4” PVC Sleeve with
Temporary Caps
LF 353 $ 25.00 $ 8,825.00 $ 21.00 $ 7,413.00 $ 45.25 $ 15,973.25 $ 20.00 $ 7,060.00 $ 25.00 $ 8,825.00 38 Furnish and Install New Street Light EA 1 $ 42,000.00 $ 42,000.00 $ 11,000.00 $ 11,000.00 $ 41,300.00 $ 41,300.00 $ 39,640.00 $ 39,640.00 $ 50,000.00 $ 50,000.00 39 Construct 3” AC Pavement Slope Repair SF 107 $ 25.00 $ 2,675.00 $ 18.00 $ 1,926.00 $ 15.00 $ 1,605.00 $ 3.00 $ 321.00 $ 30.00 $ 3,210.00 40 Adjust Existing Backflow Preventor and
Irrigation Water Meters to Grade
LS 1
$ 4,000.00 $ 4,000.00 $ 2,500.00 $ 2,500.00 $ 3,700.00 $ 3,700.00 $ 10,000.00 $ 10,000.00 $ 8,000.00 $ 8,000.00 41 Construct 18’ Wide Driveway (Std Plan no.
128)
EA 1 $ 4,000.00 $ 4,000.00 $ 4,536.00 $ 4,536.00 $ 5,830.00 $ 5,830.00 $ 7,500.00 $ 7,500.00 $ 15,000.00 $ 15,000.00 42 Construct Combination Grated Inlet/Dry Well
EA 1 $ 8,000.00 $ 8,000.00 $ 20,720.00 $ 20,720.00 $ 22,325.00 $ 22,325.00 $ 52,000.00 $ 52,000.00 $ 49,000.00 $ 49,000.00 43 Construct Curb Outlet Structure
EA 2 $ 4,200.00 $ 8,400.00 $ 3,410.00 $ 6,820.00 $ 7,750.00 $ 15,500.00 $ 6,200.00 $ 12,400.00 $ 12,000.00 $ 24,000.00 44 Install Bollard Posts and Chain
EA 12 $ 1,350.00 $ 16,200.00 $ 1,100.00 $ 13,200.00 $ 1,320.00 $ 15,840.00 $ 1,800.00 $ 21,600.00 $ 900.00 $ 10,800.00 45 Signing and Striping LS 1
$ 12,000.00 $ 12,000.00 $ 16,252.00 $ 16,252.00 $ 15,200.00 $ 15,200.00 $ 13,815.00 $ 13,815.00 $ 15,200.00 $ 15,200.00

TOTAL BID
PRICE $ 822,324.25 TOTAL BID
PRICE $ 770,500.00 TOTAL BID
PRICE $ 863,232.35 TOTAL BID
PRICE $ 974,479.00 TOTAL BID
PRICE $ 1,124,144.75
*Three Peaks Initial Bid $844,000.00 *IE General Engineering Initial bid $1,089,613.00

CITY OF INDIO BID SHEETS FOR
DOWNTOWN PARKING LOTS PROJECT (ST2406)

LC PAVING & SEALING THREE PEAKS UNIVERSAL CONSTRUCTION IE GENERAL ENGINEERING GRANITE CONSTRUCTION

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 123 of 328 ATTACHMENT 2
Agreement

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 124 of 328 C-1
City Project: ST2406 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR

DOWNTOWN PARKING LOTS PROJECT
CITY PROJECT NO. ST2406

THIS CONTRACT (“Contract”) is made and entered this February 21, 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Three Peaks Corp., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 941528; Class A, B, C-10, C-33. Contractor’s DIR registration number is 1000008140.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post - Bid documentation submitted before the Notice of Award), the Bonds, permits from regulator y agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. S cope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as ST2406 Indio Parking Lots Project (“Project”), as described in this Contract and in the Contract Documents.

3. C ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Eight Hundred Thousand dollars ($800,000) in accordance with the prices as submitted in the Bid.

4. I ncorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. A
ntitrust Claims . In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. P revailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. W orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract , the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 125 of 328 C-2
City Project: ST2406 City of Indio Public Works
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. A uthority . Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. E ntire Agreement. This Contract , including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. C
ounterparts . This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO
By:

Mayor, Lupe Ramons-Amith
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk, Cynthia Hernandez City Attorney, Steven H. Graham

Dated: Three Peaks Corp.
(“CONTRACTOR”)

By:

By:
(print name, title)

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 126 of 328 C-3
City Project: ST2406 City of Indio Public Works
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of_____________________________________________________ ____________ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 127 of 328 C-4
City Project: ST2406 City of Indio Public Works
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being h ereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body
.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located
.

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 128 of 328 C-5
City Project: ST2406 City of Indio Public Works
Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of _ _________________
Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

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Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 129 of 328 C-6
City Project: ST2406 City of Indio Public Works
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Page 14 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 130 of 328 C-7
City Project: ST2406 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

WHEREAS, the City of Indio (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Indio
City Hall
100 Civic Center Mall
Indio, California 92201

The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

Page 15 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 131 of 328 C-8
City Project: ST2406 City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City , by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

Page 16 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 132 of 328 C-9
City Project: ST2406 City of Indio Public Works

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 17 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 133 of 328 C-10
City Project: ST2406 City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to t hose activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

Page 18 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 134 of 328 C-11
City Project: ST2406 City of Indio Public Works

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed ,
20 Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 19 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 135 of 328 ATTACHMENT 3
Project Location Map

Page 20 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 136 of 328

100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

PROJECT LOCATION MAP
49 SPACES (18 UNDER BRIDGE)
30 ADDITIONAL
SPACES
12 NEW SPACES
TOTAL ADDED/NEW PARKING SPACES = 91
N

Page 21 of 21 ends

Construction Contract with Three Peaks Corp, in an amount not-to-exceed ... Page 137 of 328 City of Indio
City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction Contract with Riverside Construction Company, in an amount not-to-exceed $14,219,000 for The Civic Center Storm Drain Project (City Project No. SD2201) and The Oasis Street Beautification Project (City Project No. ST2303)

RECOMMENDATION:

Approve the project plans and specifications for The Civic Center Storm Drain Project (City Project No. SD2201) and The Oasis Street Beautification Project (City Project No. ST2303); and award a construction contract to Riverside Construction Company, in an amount not-to-exceed $14,219,000; and direct the Finance Department to adjust the budget as reflected in the staff report.

SUMMARY:

On January 10, 2024, the City obtained two (2) bids for The Civic Center Storm Drain Project and The that staff evaluation, thorough concluded Project. Beautification Street Oasis Following Riverside Construction Company is the lowest responsible bidder.

BACKGROUND INFORMATION:

Funded by the California Natural Resources Agency's Urban Flood Project Grant Program, the Civic Center Storm Drain Project (City Project No. SD2201) is set to revitalize our downtown. The project includes storm drains, curb extensions, ramps, and rain gardens along Oasis Street, Requa Avenue, Smurr Street, and Jackson Street. Additionally, a drainage swale and underground stormwater pipes will be installed. Greenery in the form of trees, plants, shrubs, and planters will enhance Smurr Street, Requa Avenue, and Mashall Parkway. The project also includes a raised crosswalk on Miles Avenue to enhance pedestrian safety.

The Oasis Street Beautification Project (City Project No. ST2303) includes asphalt concrete grind and sidewalks, medians, extensions, curb landscaping, amenities, street overlay, furniture, streetlights, signing & striping, pavers, and decorative pavement coatings along Oasis Street, in addition to the greening and drainage elements described above.

The City is also planning to install conduits for the future fiber optics cables within the storm drain trench as a part of this project. This is in accordance with the City’s Fiber Master Plan and will provide the ability to bring fiber optic cables to the new City Hall when construction is complete.

The Indio Water Authority (IWA) takes care of the water pipes in the project area. Many of the current pipes are made of asbestos cement (AC), and they want to switch them out with ductile iron AGENDA ITEM #8.8
Construction Contract with Riverside Construction Company, in an amount ... Page 138 of 328 (DI) pipes where they intersect with the new storm drains. IWA will cover the costs of removing the old AC pipes and putting in the new DI pipes.

The project was first advertised on November 8, 2023. The City received and opened bids on January 10, 2024. A total of two (2) sealed bids were received. A summary of the bids as opened and read aloud, is provided below.

Bidder’s Name Location Total Bid
Riverside Construction Company Riverside, CA $14,219,000.00 Granite Construction Company Indio, CA $14,911,941.00

Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Riverside Construction Company. The company is appropriately licensed and qualified to perform the work within the project specifications. Staff recommends awarding the contract to Riverside Construction Company.

City Engineer has reviewed the bid documents for the project and in his opinion, the project bid documents are reasonable and meet professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the project bid documents, which are on file in the Department of Public Works. Construction is scheduled to take place from May 2024 to February 2025.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$14,219,000 In current year budget: No
Current FY General
Fund Impact:
$9,219,000 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Various Fund-Org-Object
Reference:

Various

Additional Financial Details:

The Fiscal Year 2023/24 Capital Improvement Program budget included about $5,000,000 for this project. Staff requests $9,219,000 from available fund balance to cover the remaining cost of this project. Funds will be sourced from available General Fund resources.

Increase appropriations:
1011190-581003 Operating Transfers Out $9,219,000

Expected Offset:
101-305005 Unassigned Fund Balance $9,219,000

Increase appropriations:
300-552003 Infrastructure $9,219,000

Increase estimated revenue:
300-408305 Operating Transfers In $9,219,000

Page 2 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 139 of 328

ATTACHMENTS:

Attachment 1 - Project Map
Attachment 2 - Project Renderings
Attachment 3 - City Contract w/ Riverside Construction Co.

APPROVAL(S):

Vianka Orrantia, Administrative Secretary Approved - 15 Feb 2024 Steven Graham, City Attorney Approved - 15 Feb 2024
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 16 Feb 2024 Bryan H. Montgomery, City Manager Approved - 16 Feb 2024

Page 3 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 140 of 328 ATTACHMENT 1
Project Location Map

Page 4 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 141 of 328 100 Civic Center Mall, Indio, CA 92201
@cityofindio 760-391-4000 Indio.org

PROJECT LOCATION MAP
LEGEND

CIVIC CENTER STOR M

DRAIN PROJECT

OASIS STREET

BEAUTIFICATION

PROJECT

BROADBAND/FIBER

CONDUITS PROJECT

DOWNTOWN SHADE

TREE PROJECT

RAISED CROSSWALK

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Construction Contract with Riverside Construction Company, in an amount ... Page 142 of 328 ATTACHMENT 2
Project Renderings

Page 6 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 143 of 328

100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

Oasis Street Beautification Project

PROJECT RENDERINGS

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Construction Contract with Riverside Construction Company, in an amount ... Page 144 of 328

Requa Avenue – East of Oasis Street

Requa Avenue – West of Smurr Street

INFILTRATION

BASINS AT

CURB BUMP
OUTS TYP.

Page 8 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 145 of 328

N
Marshall Parkway – Highway 111 to Requa Avenue
becomes a large infiltration basin

CONTINUED BELOW RIGHT

CONTINUED TOP LEFT

CONTINUED BOTTOM RIGHT

CONTINUED ABOVE LEFT

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Construction Contract with Riverside Construction Company, in an amount ... Page 146 of 328 ATTACHMENT 3
Contract

Page 10 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 147 of 328 C-0
City Project: SD2201 and ST2303 City of Indio Public Works

CONTRACT

CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
____ Two (2) executed and notarized copies of the Contract ____ Evidence satisfactory to the City indicating the capacity of the person(s) signing the Contract to bind the Contractor
_____ Payment Bond in amount of the Contract
____ Performance Bond in amount of the Contract
____ Workers’ Compensation Certificate
____ Liability insurance certificate in the amounts specified in Section 5- 4.2 of the General Provisions, naming the City, et al., as additional insureds ____ Automobile insurance certificate in the amount specified in Section 5- 4.4 of the General Provisions, naming the City, et al., as additional insureds ____ Copy of City business license
____ Additional insured endorsement – comprehensive general liability ____ Additional insured endorsement – excess liability

Page 11 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 148 of 328 C-1
City Project: SD2201 and ST2303 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
THE CIVIC CENTER STORM DRAIN PROJECT (SD2201) AND THE OASIS STREET BEAUTIFICATION PROJECT (ST2303)
THIS CONTRACT (“Contract”) is made and entered this February 21, 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Riverside Construction Company, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 266222; Class A. Contractor’s DIR registration number is 1000003993.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post -Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. S cope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Civic Center Storm Drain and Oasis Street Beautification Project (“Project”), as described in this Contract and in the Contract Documents.

3. C ompensation . In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of fourteen million, two- hundred nineteen thousand dollars ($14.219.000) in accordance with the prices as submitted in the Bid.

5. A
ntitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. P
revailing Wages . City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. W orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

Page 12 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 149 of 328 C-2
City Project: SD2201 and ST2303 City of Indio Public Works

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

10. E ntire Agreement . This Contract , including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. C ounterparts . This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO
By:

Mayor, Lupe Ramos-Amith
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk, Sabdi Sanchez City Attorney, Stephen Graham

Dated:
(“CONTRACTOR”)

By:

Page 13 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 150 of 328 C-3
City Project: SD2201 and ST2303 City of Indio Public Works Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

NOW, THEREFORE, we, the undersigned Principal, and

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

Page 14 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 151 of 328 C-4
City Project: SD2201 and ST2303 City of Indio Public Works IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Page 15 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 152 of 328 C-5
City Project: SD2201 and ST2303 City of Indio Public Works Bond No. __________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and f
irmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any j udgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Page 16 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 153 of 328 C-6
City Project: SD2201 and ST2303 City of Indio Public Works forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Page 17 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 154 of 328 C-7
City Project: SD2201 and ST2303 City of Indio Public Works WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

WHEREAS, the City of Indio (“City”) has required certain insurance to be provided by:

1. This certificate is issued to:

City of Indio
City Hall
100 Civic Center Mall
Indio, California 92201

The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

Page 18 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 155 of 328 C-8
City Project: SD2201 and ST2303 City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

Page 19 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 156 of 328 C-9
City Project: SD2201 and ST2303 City of Indio Public Works

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 20 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 157 of 328 C-10
City Project: SD2201 and ST2303 City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to t hose activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

Page 21 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 158 of 328 C-11
City Project: SD2201 and ST2303 City of Indio Public Works

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed ,
20 Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Page 22 of 22 ends

Construction Contract with Riverside Construction Company, in an amount ... Page 159 of 328 City of Indio
City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Professional Services Agreement with CASC Engineering and Consulting, in an Discharge Pollutant National for $94,834.05 not-to-exceed amount Elimination System Compliance Services (Project No. NPDES)

RECOMMENDATION:

Approve a Professional Services Agreement between CASC Engineering and the City of Indio in an amount not-to-exceed $94,834.05 for National Pollutant Discharge Elimination System Compliance Services and authorize the City Manager to execute the Agreement.

SUMMARY:

On January 25, 2024, staff received two (2) proposals for the National Pollutant Discharge Elimination System Compliance Services, City Project No. NPDES. After thorough proposal analysis and the represents Consulting and Engineering CASC that determined staff diligence, due qualifications and experience that offers the best value for this project. Proposer Name Location Total Bid CASC Engineering and Consulting, Inc Palm Desert, CA $ 94,834.05 NV5 Palm Desert, CA $109,253.05

BACKGROUND INFORMATION:

The National Pollutant Discharge Elimination System (NPDES) program is a federal regulatory framework established under the Clean Water Act to manage the discharge of pollutants into U.S. waters. In California, the State Water Resources Control Board (SWRCB) is responsible for implementing the NPDES program. Local governments are regulated under regional Municipal Separate Storm Sewer System (MS4) permits and regional water quality control boards oversee the permits.

The City of Indio is regulated under the Whitewater Permit Board Order No. R7-2013-0011. There are extensive permit requirements that include illicit discharge detection and elimination, commercial inspections, construction inspection, monitoring, reporting, enforcement, record keeping and outreach.

A new Whitewater Permit is currently being negotiated and will include increased compliance work for asset management, cost of compliance reporting and trash capture systems. In addition, other city compliance programs, including waste regulations, have significantly expanded outgrowing staff capability. The Professional Services Agreement allows the City to continue compliance with NPDES regulations.

AGENDA ITEM #8.9
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A total of two (2) proposals were received and a summary of the proposals are provided below:

Proposer Name Location Total Bid
CASC Engineering and Consulting, Inc Palm Desert, CA $ 94,834.05 NV5 Palm Desert, CA $109,253.05

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$94,834.05 In current year budget: Yes
Current FY General
Fund Impact:
$94,834.05 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: General Fund Fund-Org-Object
Reference:

Additional Financial Details:

The FY 23/24 budget allocated $145,000 for NPDES permit compliance. The current agreement is within the budget allocation.

ATTACHMENTS:

Attachment 1 - PSA w/ CASC Engineering and Consulting, Inc.

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 14 Feb 2024 Steven Graham, City Attorney Approved - 15 Feb 2024
Glendale Berdan, Accountant Approved - 16 Feb 2024
Bryan H. Montgomery, City Manager Approved - 16 Feb 2024

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

CASC ENGINEERING AND CONSULTING, INC.

Form Approved 09/01/2022

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PROFESSIONAL SERVICES AGREEMENT
FOR National Pollutant Discharge Elimination Compliance Services BETWEEN THE CITY OF INDIO AND CASC Engineering and Consulting, Inc.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21 day of February 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and CASC Engineering and Consulting, Inc. (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. The City has sought by issuance of request for proposals the performance of the National Pollutant Discharge Elimination Compliance Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

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

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

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

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

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through August 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties.

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(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month -to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. The City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.

(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expens es, shall not exceed 94,834.05, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual

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accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to the City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to the Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

(b) Each month the Consultant shall furnish to the City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subc onsultant charges shall be detailed by the following categories: labor, travel, materials, equipment, and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independe ntly review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approv ed and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.

(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. The City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. The City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud.

Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the

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provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desir able to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tang ible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, s ound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors,

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assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall b e sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.

(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by the City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and rec ords shall be made available at Consultant’s a ddress indicated for receipt of notices, “Section 24,” of this Agreement.

(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to the City , as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of the City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall

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have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s offi cers, employees, or agents are in any manner officials, officers, employees, or agents of City.

(c) Neither Consultant, nor any of Consultant’s officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged i n providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflic t between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necess ary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing.

Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither the City, nor any elected or appointed boards, officers, officials, employees, or agents of the City, shall be

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liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless fo rm any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulatio ns promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construc tion" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City, or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or

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subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of the City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

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

(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at deposit ions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by, or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent the Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any

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such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services b y Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. The C onsultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant i n the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by the City as to form and content.

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

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SECTION 18. ASSIGNMENT.

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

The City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agree ment or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” The City acknowledges, however, that the Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

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

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.

(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incu rred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment”

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of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. The City will pay the Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.

The City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant wou ld be required to resume performance in compliance with the terms and provisions of this Agreement.

Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

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

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the p eriod of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consulta nt’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

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

SECTION 23. COOPERATION BY CITY.

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

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SECTION 24. NOTICES.

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

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

To Consultant: CASC Engineering and Consulting, Inc.

Attn: Joyce Goode, CPESC, QSD/P
77564 Country Club Drive, Suite 211
Palm Desert, CA 92211

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit ad ditional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve

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any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

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

SECTION 30. LAW TO GOVERN, VENUE.

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

District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

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

SECTION 33. SEVERABILITY.

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

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

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

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

SECTION 35. TIME OF ESSENCE.

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

[SIGNATURE PAGE FOLLOWS]

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION COMPLIANCE SERVICES BETWEEN THE CITY OF INDIO AND CASC Engineering and Consulting, Inc.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham
City Attorney

CONSULTANT
By:

Its:

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EXHIBIT “A”

SCOPE OF SERVICES

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM COMPLIANCE The Consultant shall provide a variety of MS4/NPDES related services to the City. Overall, Consultant shall provide services which encompass aspects of the NPDES program as it pertains to the Federal Clean Water Act, the Porter -Cologne Act, the statewide G eneral Permits relating to Municipal, Industrial and Construction and other related regulations, policies, procedures, and action as implemented by the State Water Resources Control Board. Further, the Consultant shall provide policy and procedure assessment and field implementation necessary to provide comprehensive support to the City as it relates to the Waste Dischar ge Requirements subject to the Whitewater River Permit, under Colorado River Basin Regional Water Quality Control Board Order No. R7 -2013-0011, NPDES No. CAS 617002 or current permit.

The City is looking for a Consultant that has a comprehensive understanding of the NPDES program and can provide the capacity to advise the City on policy issues, review, develop and update processes and procedures within the City, perform integrated insp ection services as they relate to commercial, and industrial sites while ensuring the professional development and understanding of the City’s existing staff. Further, the City desires a Consultant which can provide immediate and appropriate technical supp ort to the City’s Administration, Finance, Water and Engineering staffs to ensure that the City has a comprehensive, integrated program that dovetails with other programs such as water conservation, landscape maintenance, and land development. As each NPDE S Permit is unique, familiarity and experience with the Whitewater River NPDES permit is desired.

The selected Consultant shall have a track record of working with the business community as a resource while ensuring that the development and business communities come into compliance with applicable NPDES requirements in a timely and fair approach. The City desires an approach that will adequately integrate the various components of the NPDES programs to avoid gaps in program implementation and to be prepared for NPDES audits.

The following sections provide further details regarding the City’s needs and requirements:

I. General
Prepare Standard Operating Procedures (SOP) as necessary to comply with current regulations, NPDES Permit requirements and reporting needs with the goal to comply with NPDES regulations, streamline reporting and preparation for NPDES audits.

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Meet regularly with the Public Works & Engineering Department liaison to provide appropriate updates and status reports on various projects, to seek input and to respond to requests as appropriate.

Reconcile the city’s business license list to identify businesses for NPDES inspections including CAP and SB205 identification and specify any SIC codes or specific facilities for inspection lists. Review Storm Water Pollution Prevention Plans or WQMPs as needed.

Other administrative activities as requested in support of the NPDES program.

II. Inspections
The selected Consultant shall have the capability of providing a variety of inspection services as it relates to Construction, Commercial, Industrial, Restaurants and Municipal Facilities. The inspection programs shall include compliance with the Whitewate r NPDES permit and city code. The inspections shall include compliance with the current version of the General Construction Permit and the General Industrial Permit as they pertain to city compliance with the MS4 Storm Water Permit. The Consultant shall prepare appropriate written inspections, including documentation and photos as needed to ensure compliance as it relates to the various programs and at a frequency accepted by the Regional Water Quality Control Board. Consultant shall have applicable certifications such as Qualified Stormwater Practitioner (QSP) when necessary to meet NPDES regulations. At least one supervising inspector shall be certified as a QSP upon start of the contract.

Consultant shall provide inspections for the following program areas:

A. Commercial, Industrial, Restaurants – Consultant shall inspect each applicable commercial business on a frequency appropriate to the type of business, the activities performed by the business which may result in exposure to storm water, the SIC Codes, and any other information appropriate to the NPDES program.

Inspections shall comply with the requirements of the current version of the Whitewater MS4 Permit. Consultant shall perform follow -up inspections as necessary to ensure corrections of Notices of Corr ection or Notices of Violations.

Consultant shall work with city staff to establish a database of commercial businesses issued business licenses in the City to conduct inspections as necessary to comply with NPDES regulations. Consultant shall establish S IC codes of businesses and work with city staff to establish a protocol for city staff to recreate a usable list on a monthly or yearly basis. The protocol will need to incorporate current in-house policies, procedures, and software. Consultant shall work with city staff to develop policies and procedures to record current inspection efforts,

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education, and violations in order to satisfy applicable requirements in the MS4 permit and SB205. These requirements include reporting requirements and record keeping requirements or MS4 audits.

B. Construction - Consultant shall perform Construction site inspections on private and public projects inclusive of private development and city capital projects in compliance with the Whitewater MS4 Permit and the City’s current Storm Water Ordinances. Insp ections shall be at an as needed frequency and shall not be needed at the full frequency determined by the requirements set forth in the permit. When construction site inspections are necessary, the Consultant shall be given a list of public and/or private projects and shall conduct an inspection to determine on -site compliance as necessary based upon BMPs and SWPPP requirements. Consultant shall have any applicable certifications as required to perform these inspections. Consultant shall work with city s taff to develop policies and procedures to record current inspection efforts, education, and violations in order to satisfy applicable requirements in the MS4 permit and Construction General Permit as it pertains to city compliance. These requirements include reporting requirements and record keeping requirements or MS4 audits.

III. Training
Consultant shall be capable of providing annual in -house training programs on various aspects of the NPDES program. Training may include one -on-one mentoring, classroom, or tailgate sessions. In addition, the Consultant shall maintain training records for reporting and auditing requirements. Training topics may include but not limited to:

A. Facility Pollution Prevention Plan training at applicable facilities.

B. Integration of the NPDES permit requirements in city departments such as engineering, business license and facilities.

C. Compliance with NPDES requirements in Municipal facilities.

D. 2022 General Construction Permit requirements.

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ADDENDUM “1”

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contr actual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including

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commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that the Consultant furnish City with copies of original endorsements affecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the rig ht to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, the Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed o fficers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by the Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the

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benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map for I Ten Monroe, LLC, Parcel Map No. 38417 (The Palms), generally located on the southeast corner of Monroe Street and Showcase Parkway

RECOMMENDATION:

Find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Parcel Map for I Ten Monroe, LLC, Parcel Map No. 38417 (The Palms), generally located on the southeast corner of Monroe Street and Showcase Parkway; authorize the City Clerk to attest the approved Parcel Map upon completion of any technical corrections required by the City Engineer; and authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement and accept the Street and Survey Monument Improvement Bonds.

SUMMARY:

The proposed subdivision for Parcel Map No. 38417 (The Palms) generally located on the southeast corner of Monroe Street and Showcase Parkway, consists of approximately fourteen (14) acres that will be subdivided into thirteen (13) parcels. The I Ten Monroe, LLC, has submitted the Subdivision Improvement Agreement along with Performance and Payment Bonds to guarantee the site improvements.

BACKGROUND INFORMATION:

On January 17, 2024, the City Council approved Tentative Parcel Map No. 38417 and set certain conditions for the site improvements. The I Ten Monroe, LLC is required to comply with the conditions of the approved tentative parcel map. The I Ten Monroe, LLC has executed the Subdivision the guarantee to necessary Bonds submitted and Agreement Improvement the completion of the site improvements for the project.

The improvements consist of Street and Survey Monument Improvements within the project boundaries.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
AGENDA ITEM #8.10
Approval of Final Parcel Map for I Ten Monroe, LLC, Parcel Map No. 38417... Page 184 of 328 Next FY Financial
Impact:
$0 Strategic Objective:

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

N/A

Additional Financial Details:

Final Parcel Map No. 38417 is not required to be annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 13 Feb 2024 Steven Graham, City Attorney Approved - 15 Feb 2024
Glendale Berdan, Accountant Approved - 16 Feb 2024
Bryan H. Montgomery, City Manager Approved - 16 Feb 2024

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9,&,1,7<0$3

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City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map for Alejandro Cardenas, Owner, Parcel Map No. 38514, generally located on the south side of Sonora Avenue, between Jackson Street and Palo Verde Street

RECOMMENDATION:

Find that the Final Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Parcel Map for Alejandro Cardenas, Owner, Parcel Map No. 38514, generally located on the south side of Sonora Avenue, between Jackson Street and Palo Verde Street; authorize the City Clerk to attest the approved Parcel Map upon completion of any technical corrections required by the City Engineer.

SUMMARY:

The proposed residential subdivision for Parcel Map No. 38514, is generally located on the south side of Sonora Avenue, between Jackson Street and Palo Verde Street. The owner, Alejandro Cardenas, is subdividing the existing 0.20-acre parcel into two (2) parcels.

BACKGROUND INFORMATION:

On September 16, 2021, Senate Bill 9 (SB 9) was signed into law by Governor Gavin Newsome to, among other things, help increase the housing stock in single family residential zones, as it allows for a local agency to ministerially approve a parcel map upon meeting a number of criteria. This criteria includes, among other things, that the parcel map subdivides an existing parcel to create no more than two new parcels resulting in a size no less than 1,200 square feet each. Additionally, an affidavit that the applicant intends to use one of the housing units as a principal residence for at least three years from the date of approval is required. The ministerial approval process allows for the applicant to bypass the tentative parcel map approval by the Planning Commission and requires just the final parcel map approval by the City Council.

Parcel Map No. 38514 meets the required criteria of SB 9, and the property owner, Alejandro Cardenas, has submitted the required signed affidavit. Therefore, staff recommends approval of Parcel Map No. 38514.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General $0 Budget adjustment: N/A
AGENDA ITEM #8.11
Approval of Final Parcel Map for Alejandro Cardenas, Owner, Parcel Map N... Page 188 of 328 Fund Impact:

Next FY Financial
Impact:
$0 Strategic Objective:

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

N/A

Additional Financial Details:

Parcel Map No. 38514 is not required to be annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1 - Vicinity Map

APPROVAL(S):

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City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Steven Graham, City Attorney
Prepared by: Steven Graham, City Attorney
Subject: Second Reading of Ordinance No. 1807 - An Ordinance of the City Council of the City of Indio, California, Amending Chapter 30 of the Indio Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1807 - An Ordinance of the City Council of the City of Indio, California, Amending Chapter 30 of the Indio Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329

SUMMARY:

State law regulates maximum compensation for Councilmembers and when those adjustments can become effective. The compensation schedule for general law cities has not been adjusted since 1984, meaning that Councilmember compensation has not kept pace with inflation. On June 29, 2023, the Governor approved Senate Bill No. 329 (Dodd) (“SB 329”) that increases the maximum amount of salary. SB 329 authorizes a city council to pass an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. According to the author Senator Dodd’s statement in the April 24, 2023 Assembly Floor Analysis, "City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it harder for them to balance their careers and personal obligations with the calling to serve City for amounts pay base the has not Legislature the community... the raised Councilmembers since 1984,” and the increases authorized by SB 329 are designed to address recent inflationary increases and economic realities, “enable city councilmembers to balance their careers and personal obligations with the calling to serve their community,” and “also make it easier for members of marginalized communities to serve.” SB 329 increased the maximum amount of salary, based upon the population of the City that may be approved by an ordinance passed by the City Council. The amount for Indio is $1,900 per month. An Ordinance has been prepared for introduction that establishes an increase in Councilmember compensation to $1,900 per month to be effective when a new Councilmember commences a new term, which will be following the upcoming November elections.

BACKGROUND INFORMATION:

Section 36516 of the Government Code now reads:

AGENDA ITEM #8.12
Second Reading of Ordinance No. 1807 - An Ordinance of the City Council ... Page 192 of 328 (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).

(2) The salaries approved by ordinance under paragraph (1) shall be as follows:

(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.

(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month.

(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.

(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.

(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month.

(F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.

(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.

(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:

(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.

(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.

(5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the

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Second Reading of Ordinance No. 1807 - An Ordinance of the City Council ... Page 193 of 328 compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.

(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.

(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.

(f) A city council member may waive any or all of the compensation permitted by this section.

(g)(1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.

(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.

(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1807 - City Council Comp.

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Second Reading of Ordinance No. 1807 - An Ordinance of the City Council ... Page 194 of 328 1 ORDINANCE NO. 1807

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 30 OF THE INDIO MUNICIPAL

CODE RELATED TO THE COMPENSATION OF CITY
COUNCILMEMBERS PURSUANT TO SENATE BILL 329
WHEREAS, the compensation schedule for general law cities has not been adjusted since 1984, resulting in city council compensation that has not kept pace with inflation; and,

WHEREAS, enhancing compensation to account for inflation since 1984 ensures more individuals may serve the public and meet their familial obligations effectively; and,

WHEREAS, the substantial time requirements and inadequate compensation deter many individuals from actively pursuing public office; and,

WHEREAS, on June 29, 2023, Governor Newsom signed Senate Bill 329, which authorizes an increase in City Councilmember salaries.

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

Section 1. Findings.

The City Council finds that the adoption of this Ordinance per Senate Bill 329 will promote greater representation and meaningful engagement.

Section 2. Municipal Code Amendment
(a) Section 30.02 of the Indio Municipal Code is hereby amended to read as follows:

30.02 Compensation.

A.Purpose. This section is enacted pursuant to Section 36516 of the Government Code, which authorizes the City Council to provide by ordinance that each Councilmember may receive a compensation based upon the population of the City.

B. Population.
1) Section 36516(a)(3) of the Government Code states that “…the population of a city shall be determined by the last preceding federal census…”

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Second Reading of Ordinance No. 1807 - An Ordinance of the City Council ... Page 195 of 328 2 2) On April 1, 2020, the federal census determined that the population of the City of Indio is 89,137.

C. Compensation. The compensation for each Councilmember shall be one thousand nine hundred dollars ($1,900) per month. The compensation is payable at the same time and in the same manner as the compensation paid to each of the officers and employees of the City. Any amounts paid for retirement, health and welfare, and federal social security benefits, as well as amounts paid by the City to reimburse a Councilmember for actual and necessary expenses, shall not be included for purposes of determining compensation.

D. Pursuant to Government Code Section 36515.5 and Senate Bill 329, the above amendment to Councilmember salary shall be effective when at least one member of the City Council commences a new term on or after the effective date of this Ordinance. (b) Sections 30.04 and 30.05 are hereby repealed.

Section 3. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

Section 5. Adoption and Effective Date
This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. The Ordinance shall be effective upon the thirty-first day following adoption.
/ / /
/ / /
/ / /

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Second Reading of Ordinance No. 1807 - An Ordinance of the City Council ... Page 196 of 328 3 PASSED, APPROVED and ADOPTED this 7th day of February 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Second Reading of Ordinance No. 1807 - An Ordinance of the City Council ... Page 197 of 328 City of Indio
City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Second Reading of Ordinance No. 1808 - An Ordinance of the City Council of the City of Indio, California, Amending Chapter 96 of the Indio Municipal Code Related to Regulation of City Parks and Facilities

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1808 - An Ordinance of the City Council of the City of Indio, California, Amending Chapter 96 of the Indio Municipal Code Related to Regulation of City Parks and Facilities

SUMMARY:

Chapter 96 of the Indio Municipal Code provides regulations applicable to the City of Indio's parks and facilities. This Chapter was last comprehensively reviewed as part of Ordinance No. 1618 in 2012. Works Public Department, Police Indio the working Office, Attorney's City The with Department, and Desert Recreation District has conducted a comprehensive review of Chapter 96 and proposes Ordinance No. 1808, which will make several amendments to the regulations, as summarized below.

BACKGROUND INFORMATION:
 Ordinance No. 1808 addresses parks and facilities owned by the City of Indio but managed, operated, or maintained by Desert Recreation District. This closes a potential loophole to enforcement of the City's regulations that occurred when the City contracted with the District for management of the City's parks and facilities.
 As is best practice, individual City positions are generally replaced with reference to the City Manager, or his or her designee. This allows for greater flexibility in work assignments and job classifications within the Municipal Code and City's organizational structure. In addition, this allows the City Manager to designate the General Manager of Desert Recreation District for those parks and facilities managed by the District.  Consolidates sections of the Indio Municipal Code related to park hours, giving express authority to both the City Manager to extend park hours and to the Police Chief to order any park closed when there is a threat to public health and safety.  Adds provision making it unlawful for an adult to enter or remain in designated children's playground when not engaged in the care, custody, or supervision of a child.  Adds express prohibition on vandalism of City water infrastructure, including irrigation systems.
 Adds prohibition on smoking and vaping within City parks, with exception for City golf facilities.

AGENDA ITEM #8.13
Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 198 of 328

ATTACHMENTS:

Attachment 1 - Ordinance No. 1808 - Park Regulations
Attachment 2 - Park Regulation Redline

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 199 of 328 1 ORDINANCE NO. 1808

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 96 OF THE INDIO MUNICIPAL

CODE RELATED TO REGULATION OF CITY PARKS AND FACILITIES

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

Section 1. Municipal Code Amendment. Chapter 96 of the Indio Municipal Code is hereby amended to read as follows:

CHAPTER 96: CITY PARKS AND FACILITIES
General Provisions

96.01 Definitions

96.02 Desert Recreation District
Park Use Rules

96.10 Large group events by permit only; reservations for other group events

96.11 Public hours of use; parking

96.12 Fires

96.13 Weapons

96.14 Noise

96.15 Horses and vehicles

96.16 Rubbish

96.17 Conducting business in a park

96.18 Camping

96.19 Vandalism

96.20 Dogs

96.21 Off-leash areas

96.22 Golf

96.23 Inflatable structures

96.24 Alcohol in park

96.25 Additional regulations

96.26 Use of fields on Sundays; permits

96.27 Title 100, Skate Parks

96.28 Park use as city enterprise

96.29 Fees

96.30 Temporary park closures

96.31 Public records
Permits for Group Events

96.40 Permit application

96.41 Permit review, issuance and denial

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 200 of 328 2 96.42 Permit contents

96.43 Appeals

96.44 Signs

96.45 Rain or adverse weather condition

96.98 Violations; enforcement

GENERAL PROVISIONS
§ 96.01 DEFINITIONS.

This chapter shall be the city’s “Parks Ordinance.” For the purposes of this chapter and all park regulations adopted pursuant hereto, words and phrases shall have the meanings listed in this section.

CITY EVENT. A group event that is sponsored or co-sponsored by the City of Indio or any of its commissions or committees, or the Indio Water Authority, or a Joint Powers Authority of which the City of Indio is a member.

CITY MANAGER. The City Manager of the City of Indio, or his or her designee.

COMMUNITY BASED ORGANIZATION or CBO. Any public nonprofit benefit corporation of demonstrated effectiveness approved by the City Manager. The City Clerk shall maintain a list of approved CBOs prepared and updated by the City Manager as a public record.

FIRE MARSHAL. The person responsible for direction of fire services provided throughout the city or that person's designee.

GROUP EVENT.
(1) An organized picnic, exhibit, show, class, or similar gathering of people in a park:
(a) At which the organizing person or party serves food or beverages, regardless of whether those consuming said food or beverages are charged for same; or
(b) To which the organizing person or party brings furniture or equipment such as tables, booths, tents or play equipment.
(2) GROUP EVENTS include any large group event; however, no city event shall be considered or treated as a GROUP EVENT hereunder.

INDIO-BASED GROUP EVENT. A group event wherein the applicant for a permit per this chapter is a city resident, a business or school located in the city, a community based organization wherein the majority of members or board members are city residents, or which CBO provides services to a significant number of city residents on a

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 201 of 328 3 continuing basis. A large group event may meet the criteria of an INDIO-BASED GROUP EVENT, and shall be treated as same.

LARGE GROUP EVENT. Any group event, including any Indio-based group event, meeting both of the following criteria: (1) the application for the group event permit in question anticipates attendance of 50 persons or more, including the organizing person or party and any staff thereof, and any people who will be performing or entertaining at the proposed group event, and (2) the City Manager determines that the group event in question will require the dedication of city staff time to address and mitigate event- specific impacts on the community such as those listed in § 96.40(B). However, every GROUP EVENT with an anticipated attendance of 100 persons or more, including the organizing person or party and any staff thereof, shall be a LARGE GROUP EVENT.

PARK. A parcel or contiguous parcels of land owned, operated and maintained by the city that provides space and/or a facility, whether indoor or outdoor, for the benefit and enjoyment of people residing or visiting in the city. PARKS may be classified as community or neighborhood parks, community centers such as the Indio Teen Center or Indio Senior Center, athletic or aquatic facilities, golf courses, libraries, picnic areas, cultural centers, or similar facilities to those listed herein. PARKS may include parking lots, playground equipment, sports fields, skate parks, buildings or other structures, or other amenities. PARKS may include or be limited to open space areas suitable for active or passive uses. PARKS regulated by this chapter shall be limited to space and/or facilities that contain park sites that may be used for a group event.

PARK REGULATIONS. Regulations adopted by the City Council, City Manager, or Community Services Commission to facilitate this chapter’s implementation and advance its efficiency in meeting the needs of the community.

PARKSITE. A discreet or definable site or an area within a park that may serve as the location for a group event, and for which a permit may be obtained per this chapter.

POLICE CHIEF. The Chief of the Indio Police Department or his or her designee.

PERMIT. A certificate or written approval to engage in specified activity in a park as specified in this chapter; any PERMIT issued per this chapter shall also function as an exclusive reservation of a park site, or under limited circumstances the entirety of a park, for a particular use.

WEAPON. Any firearm, firecracker, rocket, firework, missile, item listed in § 12020(a) of the Cal. Penal Code, or less than lethal weapon listed in § 12601(a) of the Cal. Penal Code.
§ 96.02 DESERT RECREATION DISTRICT.
(A) This chapter shall not apply to any park or facility owned by the Desert Recreation District except by written agreement with that agency.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 202 of 328 4 (B) This chapter shall apply to any park or facility owned by the City of Indio, notwithstanding that such park or facility is managed, operated, or maintained by the Desert Recreation District. For City-owned parks managed, operated, or maintained by Desert Recreation District, the City Manager may designate the General Manager of the District as his or her designee for any acts to be done under this Chapter.

PARK USE RULES
§ 96.10 LARGE GROUP EVENTS BY PERMIT ONLY; RESERVATIONS FOR OTHER GROUP EVENTS.
(A) Large group events, including Indio-based group events that qualify as such, may only take place at a park upon issuance of a permit by the City Manager or Community Services Commission in accord with all applicable provisions of this chapter. (B) Although group events generally shall not require permit, park sites may be reserved for group events via the permit process provided in § 96.40. Any person or party who secures a permit authorizing a particular group event to take place at a particular park site shall be entitled by this chapter to hold the group event in question at the park site in question, to the exclusion of all other persons and parties. § 96.11 PUBLIC HOURS OF USE; PARKING.
(A) Except in accord with a specific written permit provision, no person shall remain, stay, or loiter in any park between the hours of 10 p.m. and 6 a.m. Parking at any park shall be in accordance with Section 71.11.
(B) The City Manager may designate extended park hours for any park when the City Manager determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection A of this section shall not apply to any person present in a park during extended park hours designated pursuant to this subsection.
(C) Notwithstanding subsection A of this section, the Police Chief may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain, stay, or loiter in said park during said period. (D) It shall be unlawful to enter or remain in a children’s playground area if such person is eighteen (18) years of age or older unless actually engaged in the care, custody or supervision of a person younger than eighteen (18) years of age who is using the child playground facilities.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 203 of 328 5 § 96.12 FIRES.

No person shall light or maintain any fire, except in a place designated by the city as a park amenity, feature or fixture, or as specifically approved by the Fire Marshal concurrent with the issuance of a permit under this chapter. This section shall prohibit the use of any personal barbeque equipment in any park. § 96.13 WEAPONS.

Except as authorized by § 130.081, generally permitted by state or federal law, or specifically permitted by the city or another authorized governmental authority, no person shall possess, carry or discharge any weapon in any park. § 96.14 NOISE.
(A) Exemption from noise ordinance. City issuance of a permit for any group event or Sunday field use under this chapter shall qualify activity taking place per that permit as exempt from regulation under Chapter 95C dedicated to noise control. (B) Noise ordinance otherwise applicable. With the exception of the specified exemptions enumerated in § 95C.09 and conduct or speech that is permitted or protected by state or federal law, Chapter 95C shall apply to any activity or proposed activity undertaken in a park without a permit.
§ 96.15 HORSES AND VEHICLES.

Except as authorized by a special event permit or a permit issued per this chapter, no person shall ride or drive any horse or other animal or propel any vehicle, cycle or automobile in a park except in locations designated as roads, trails, parking lots, or driveways provided for that purpose, and only in a direction as may be posted. § 96.16 RUBBISH.

No person shall throw, discard, place or dispose of any garbage or refuse in a park, in any place other than a garbage can or other receptacle maintained for that purpose. No person shall bring or transport garbage or refuse generated outside a park to a park for disposal.
§ 96.17 CONDUCTING BUSINESS IN A PARK.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 204 of 328 6 this section shall in any way or to any degree limit the applicability of Chapter 110 of this code to any activity or proposed activity in a park. Sales of food or goods from vending carts is prohibited except as authorized by Chapter 114 or addressed by a specific written permit provision.
§ 96.18 CAMPING.

Camping in any park shall only take place in compliance with Code of Indio §§ 130.020 through 130.022 inclusive.
§ 96.19 VANDALISM.

No person shall:
(A) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing in a park; or
(B) Cut, break, deface or injure any building, structure, monument, sign, fence, bench, equipment or property in a park.
(C) No person shall open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose.”
§ 96.20 DOGS.
(A) In accord with city signage, a dog at any location within a park shall be restrained by a leash; provided, however, that the provisions of this section may be temporarily waived per the terms of a permit issued pursuant to this chapter.

(B) In park areas designated by the City Council as off leash areas, dogs are permitted off-leash under the rules stated in § 96.21.

(C) Each person having care or custody of a dog anywhere in a park shall be solely responsible for promptly placing that dog's waste into a garbage can or other trash or rubbish receptacle maintained in the park in question.

(D) No dog shall be allowed on any sports field in a park except per a specific written permit provision.
§ 96.21 OFF-LEASH AREAS.

The following rules apply within off-leash areas:
(A) No dog is permitted in an off-leash area except in the care, custody and control of a person 13 years of age or older.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 205 of 328 7 (B) No person may have more than two dogs in an off-leash area at any time. (C) Any dog in an off-leash area must be under the voice control of its caretaker(s) at all times.
(D) No dog is permitted in the off-leash area except during that area's posted hours of operation.
(E) Any dog in an off-leash area must be at least four months of age, vaccinated for rabies, and have a current animal license.
(F) No dog that is sick, in heat, or unreasonably aggressive is permitted in an off-leash area.
(G) Any person having care or custody of a dog in the off-leash area shall promptly remove that dog's waste.
(H) No animals other than dogs are permitted in an off-leash area. (I) No dog obedience classes may be conducted in an off-leash area. (J) The use of an off-leash area by a dog's owner or any other person having care, custody, or control of the dog in question shall constitute an agreement by the dog owner or custodian in question to follow the rules stated in this section, a further, a waiver and release of any and all claims of the city, and agreement to protect, indemnify, defend and hold the city harmless from any claim, injury or damage arising from or related to such use.
(K) It shall be unlawful for any person to have a dog in an off-leash area between 10:00 p.m. and 7:00 a.m.
§ 96.22 GOLF.

No person shall take part in or abet the playing of a game of golf or the practice thereof in any park. Further, no person shall cause any object such as a ball or stone to be propelled by use of a golf club or similar instrument within any park. This section shall not apply to the use of the Indio Municipal Golf Course, and may only be waived as to another park or park site pursuant to the terms and conditions of a permit issued pursuant to this chapter.
§ 96.23 INFLATABLE STRUCTURES.

No person shall erect, install, or use any inflatable structure or fixture (such as waterslide, inflatable, bounce house, jumper, or any similar device) in any park. This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 206 of 328 8 § 96.24 ALCOHOL IN PARK.
(A) No person shall enter, be or remain in any park while in possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(B) No person shall consume, or provide or offer for consumption, any alcoholic beverage in any park. Notwithstanding any other provision of this chapter, a violation of this division may, within the discretion of the City Attorney, be prosecuted as a misdemeanor or an infraction, and punished per § 10.99.

(C) This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter by the Community Services Commission. § 96.25 ADDITIONAL REGULATIONS.

General and temporary regulations shall apply to park use and shall facilitate the function of this parks ordinance. Upon a resolution of the Community Services Commission, the city may adopt, modify or repeal general park regulations. The City Manager, or their designee, may administratively issue, modify or repeal temporary regulations for any park's use. No temporary regulation issued hereunder may be enforced for more than 180 consecutive days. Each new park regulation adopted, or a summary statement explaining the modification or repeal of an established park regulation, shall be published in the local newspaper twice within the two weeks after adoption, with not less than five days between publications. The park regulations shall provide the process for appealing the adoption of a new park regulation, or the modification or repeal of an established regulation. The City Council retains and may exercise at its discretion authority to adopt, modify or repeal any park regulation. § 96.26 USE OF FIELDS ON SUNDAYS; PERMITS.

No formally organized sports competition may be scheduled to take place in any park on Sunday unless a permit for said scheduling has been approved by the Community Services Commission and issued by the City Manager, or their designee. Permits for such activity, and appeals regarding decisions as to same shall be considered per the city's park regulations.
§ 96.27 TITLE 100, SKATE PARKS.

Title 100 of the Code of Indio shall continue in full force and effect as additional authority applicable to the use of skate parks in the city. § 96.28 PARK USE AS CITY ENTERPRISE.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 207 of 328 9 The City Council may from time to time consider and approve park programs, including but not limited to facilitating the rental or leasing of a park, and may also sponsor city events incorporating the use of a park that will serve to advance the public welfare and allow the city's use of its parks as a revenue-generating enterprise. § 96.29 FEES.

The City Council shall from time to time, by resolution, set and modify the fees payable by any applicant: (A) that applies for a permit to have a large group event in a city park pursuant to § 96.03, (B) that applies for a permit to engage in Sunday use of park fields pursuant to § 96.26 and any applicable park regulation, (C) that applies for a permit that necessitates the presence of city staff at a park during a group event pursuant to the park regulations, (D) that wishes to appeal any determination or citation under this chapter and the park regulations. Fees shall generally shall not be payable by any applicant for a group event permit that does not meet the criteria of a large group event.

However, notwithstanding any other provision of this chapter, any applicant for a group event permit shall pay fees payable upon an appeal, fees payable for a background investigation, and fees payable to fund the presence of city staff at a group event per this chapter. No fees payable per this chapter shall exceed the costs reasonably borne of providing the corresponding services provided per this chapter. No fees shall be payable with respect to the filing or consideration of an application for a city event. The fees payable in relation to an Indio-based group event shall be at least 20% lower than any fees payable for any other group event. Any appellant under this chapter that prevails upon its appeal shall be entitled to the city's return of its fees that were payable on appeal.
§ 96.30 SMOKING PROHIBITED.
(A) It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar ashes or any flaming or glowing substance in any park. (B) For the purposes of the Section:
(1) Smoke or smoking means and includes any of the following: (a) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, cannabis, plant product, or other combustible substance in any form, or (b) the holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device, or (c) emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device. "Smoke" also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment or article. (2) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part,

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 208 of 328 10 or accessory of such a device, whether or not sold separately; and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
(3) Park shall have the same meaning as in Section 96.01, except shall not include golf courses.
§ 96.31 PUBLIC RECORDS.

Any document prepared per this chapter shall be a public record maintained in accord with the city's records retention policy, and shall be subject to redaction only per a decision by the City Attorney in accord with the California Public Records Act.

PERMITS FOR GROUP EVENTS
§ 96.40 PERMIT APPLICATION.

Each application for a group event permit shall be made in writing on a form provided by the City Manager and shall be filed with the Community Services Department together with any application fees that may be established from time to time by resolution of the City Council. The contents of each permit application shall comply with the city's park regulations.
§ 96.41 PERMIT REVIEW, ISSUANCE AND DENIAL.
(A) The City Manager shall be the City Official responsible for the receipt, review and consideration of applications for group event permits filed per this chapter. However, the Community Services Commission shall review and consider any application for a large group event permit. The process through which each application is reviewed, issued or denied shall conform to the city's park regulations.
(B) Absent group event specific circumstances, the city's consideration of each application shall address whether the proposed group event or large group event can be approved as requested without causing, or likely causing any of the following impacts:

(1) Damage to park landscaping and equipment;

(2) Overload any restroom and other facilities;
(3) Irresolvable conflict with another group event or with a city event;

(4) Excessive traffic congestion or noise in a neighborhood; or

(5) Any other adverse impact upon the city, or the health, safety or welfare of its residents.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 209 of 328 11 (C) The City Official responsible for implementing this section in coordination with the city's Community Services Department shall be the Facilities and Construction Manager or his or her designee.
§ 96.42 PERMIT CONTENTS.

Any permit issued per this chapter shall reflect all information required by the city's park regulations.
§ 96.43 APPEALS.

Any determination upon a permit application, whether that determination be an approval of a permit, a denial of a permit, or the placement of any particular term or condition upon the issuance of a permit, may be appealed per the city's park regulations. § 96.44 SIGNS.

This subchapter shall only apply to group events proposed to take place in a park that incorporates a sign advising the public of the requirement of a permit for any proposed group event.
§ 96.45 RAIN OR ADVERSE WEATHER CONDITION.

When rain or any other adverse weather condition, such as excessive heat, wind, and the like, prevents a group event that has been the subject of an approved permit issued per this subchapter from taking place, the approved group event may not take place on any rescheduled date absent written authorization of said rescheduled date by the City Manager. The organizing person or party with respect to any group event necessarily postponed by rain or an adverse weather condition has the sole responsibility to secure the Supervisor's authorization for that group event's rescheduling hereunder. § 96.98 VIOLATIONS; ENFORCEMENT.
(A) Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. The City Manager, Police Chief, Fire Marshal and their respective designees are charged with the enforcement of this chapter's provisions.
(B) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.
(C) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a second violation of this chapter shall be guilty

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 210 of 328 12 of a misdemeanor, and upon conviction thereof, shall be punished as provided in §

10.99 of this Code.
(D) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city. Above and beyond the violations and penalties specified herein, the City Attorney and/or any duly authorized city official authorized by the City Manager or the Police Chief to enforce this chapter, may pursue any other right or remedy permitted by this Code or other applicable authority, including but not limited to the commencement of a civil action, or an administrative action based upon a citation issued per Chapter 11 of this Code to any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter.
(E) Administrative penalties for citations arising from a violation of this chapter shall be punished per the schedule of fines established by resolution of the City Council or by the park regulations.
(F) Any person who fails to timely pay an administrative penalty specified in Chapter 11 for a violation of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code. (G) Notwithstanding the absence in Chapter 11 of any provision requiring payment due upon appeal of an administrative citation, any person appealing the issuance of an administrative citation issued upon a violation of this chapter shall pay an appellate fee established by resolution of the City Council.

Section 2. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 3. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.

Section 4. Adoption and Effective Date
This Ordinance shall be introduced at a regular meeting and adopted at a regular meeting at least seven days after introduction. The Ordinance shall be effective upon the thirty-first day following adoption.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 211 of 328 13 / / /
/ / /
/ / /
PASSED, APPROVED and ADOPTED this 7th day of February 2024. ___________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 212 of 328

GENERAL PROVISIONS
§ 96.01 DEFINITIONS.

CITY MANAGER. The City Manager of the City of Indio, or his or her designee.

COMMUNITY BASED ORGANIZATION or CBO. Any public nonprofit benefit corporation of demonstrated effectiveness approved by the Community Services City Manager. The City Clerk shall maintain a list of approved CBOs prepared and updated by the Community ServicesCity Manager as a public record.

FIRE MARSHAL. The person responsible for direction of fire services provided throughout the city or that person's designee.

GROUP EVENT.

(1) An organized picnic, exhibit, show, class, or similar gathering of people in a park:
(a) At which the organizing person or party serves food or beverages, regardless of whether those consuming said food or beverages are charged for same; or (b) To which the organizing person or party brings furniture or equipment such as tables, booths, tents or play equipment.

(2) GROUP EVENTS include any large group event; however, no city event shall be considered or treated as a GROUP EVENT hereunder.

COMMUNITY SERVICES MANAGER. Any person designated by the City Manager to perform the duties of the COMMUNITY SERVICES MANAGER under this chapter.

COMMUNITY SERVICES SUPERVISOR; SPECIAL EVENTS or SUPERVISOR. Any person designated by the City Manager or the Community Services Manager to perform the Supervisor’s duties under this chapter.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 213 of 328 LARGE GROUP EVENT. Any group event, including any Indio-based group event, meeting both of the following criteria: (1) the application for the group event permit in question anticipates attendance of 50 persons or more, including the organizing person or party and any staff thereof, and any people who will be performing or entertaining at the proposed group event, and (2) the SupervisorCity Manager determines that the group event in question will require the dedication of city staff time to address and mitigate event-specific impacts on the community such as those listed in § 96.40(B). However, every GROUP EVENT with an anticipated attendance of 100 persons or more, including the organizing person or party and any staff thereof, shall be a LARGE GROUP EVENT.

PARK REGULATIONS. Regulations adopted by the City Council, Community Services or City Manager or the Community Services Commission to facilitate this chapter’s implementation and advance its efficiency in meeting the needs of the community.

PARKSITE. A discreet or definable site or an area within a park that may serve as the location for a group event, and for which a permit may be obtained per this chapter.

POLICE CHIEF. The Chief of the Indio Police Department or his or her designee.

WEAPON. Any firearm, firecracker, rocket, firework, missile, item listed in § 12020(a) of the Cal. Penal Code, or less than lethal weapon listed in § 12601(a) of the Cal. Penal Code. (Ord. 1565 passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.02 DESERT RECREATION DISTRICT.
(A) This chapter shall not apply to any park or facility owned by the Desert Recreation District except by written agreement with that agency.
(B) This chapter shall apply to any park or facility owned by the City of Indio, notwithstanding that such park or facility is managed, operated and, or maintained by the Desert Recreation

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 214 of 328 District except by written agreement with that agency.. For City-owned parks managed, operated, or maintained by Desert Recreation District, the City Manager may designate the General Manager of the District as his or her designee for any acts to be done under this Chapter.

PARK USE RULES
§ 96.10 LARGE GROUP EVENTS BY PERMIT ONLY; RESERVATIONS FOR OTHER GROUP EVENTS.

(A) Large group events, including Indio-based group events that qualify as such, may only take place at a park upon issuance of a permit by the Community Services Supervisor; Special EventsCity Manager or Community Services Commission in accord with all applicable provisions of this chapter.

(B) Although group events generally shall not require permit, park sites may be reserved for group events via the permit process provided in § 96.40. Any person or party who secures a permit authorizing a particular group event to take place at a particular park site shall be entitled by this chapter to hold the group event in question at the park site in question, to the exclusion of all other persons and parties.
(Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.11 PUBLIC HOURS OF USE; PARKING.
(A) Except in accord with a specific written permit provision, no person shall use for any purpose or otherwise remain, stay, or loiter in any park between the hours of 10 p.m. and 6 a.m.

Parking at any park shall be permitted only in accordaccordance with §Section 71.11. (B) The City Manager may designate extended park hours for any park when the City Manager determines that such extension of hours is consistent with sound use of park resources, will enhance recreational activities in the city, and will not be detrimental to the public health, safety or welfare. The prohibitions contained in subsection A of this section shall not apply to any person present in a park during extended park hours designated pursuant to this subsection. (C) Notwithstanding subsection A of this section, the Police Chief may order any park closed before sunset and after sunrise when he or she determines that activities constituting a threat to public health, safety or welfare have occurred or are occurring in the park and that such closing is necessary to protect the public health, safety or welfare. At least one sign designating the hours when the park is closed shall be installed prominently in the park. During any time when a park is ordered closed, it is unlawful for any person to remain, stay, or loiter in said park during said period.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 215 of 328 (D) It shall be unlawful to enter or remain in a children’s playground area if such person is eighteen (18) years of age or older unless actually engaged in the care, custody or supervision of a person younger than eighteen (18) years of age who is using the child playground facilities. § 96.12 FIRES.

No person shall light or maintain any fire, except in a barbeque, stove, fire circle or other place provideddesignated by the city as a park amenity, feature or fixture, or as specifically approved by the Fire Marshal concurrent with the issuance of a permit under this chapter. This section shall prohibit the use of any personal barbeque equipment in any park. § 96.13 WEAPONS.

(A) Exemption from noise ordinance. City issuance of a permit for any group event or Sunday field use under this chapter shall qualify activity taking place per that permit as exempt from regulation under Chapter 95C dedicated to noise control.

(B) Noise ordinance otherwise applicable. With the exception of the specified exemptions enumerated in § 95C.09 and conduct or speech that is permitted or protected by state or federal law, Chapter 95C shall apply to any activity or proposed activity undertaken in a park without a permit.
§ 96.15 HORSES AND VEHICLES.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 216 of 328

No person shall sell, offer or solicit the sale of goods or services within a park, or shall pass out commercial handbills or advertising, or shall commercially offer or provide teaching services within a park. This prohibition shall not apply to activity authorized by a special event permit, a vending permit, or a permit issued per this chapter. Nothing in this section shall in any way or to any degree limit the applicability of Chapter 110 of this code to any activity or proposed activity in a park. Sales of food or goods from vending carts is prohibited except as authorized by Chapter 114 or addressed by a specific written permit provision. (Ord. 1565, passed 12-16-09; Am. Ord. 1767, passed 12-15-21) § 96.18 CAMPING.

Camping in any park shall only take place in compliance with Code of Indio §§ 130.020 through 130.022 inclusive.
§ 96.19 VANDALISM.

No person shall:

(A) Pick, dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof growing in a park; or

(B) Cut, break, deface or injure any building, structure, monument, sign, fence, bench, equipment or property in a park.
(C) No person shall open, expose, or interfere with any water system or utility, provided that this prohibition shall not apply to the use of any drinking fountain for its intended purpose.” § 96.20 DOGS.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 217 of 328 (A) In accord with city signage, a dog at any location within a park shall be restrained by a leash; provided, however, that the provisions of this section may be temporarily waived per the terms of a permit issued pursuant to this chapter.

(B) In park areas designated by the City Council as off leash areas, dogs are permitted off- leash under the rules stated in § 96.21.

(D) No dog shall be allowed on any sports field in a park except per a specific written permit provision.
§ 96.21 OFF-LEASH AREAS.

The following rules apply within off-leash areas:

(A) No dog is permitted in an off-leash area except in the care, custody and control of a person 13 years of age or older.

(B) No person may have more than two dogs in an off-leash area at any time.

(D) No dog is permitted in the off-leash area except during that area's posted hours of operation.

(E) Any dog in an off-leash area must be at least four months of age, vaccinated for rabies, and have a current animal license.

(F) No dog that is sick, in heat, or unreasonably aggressive is permitted in an off-leash area.

(G) Any person having care or custody of a dog in the off-leash area shall promptly remove that dog's waste.

(H) No animals other than dogs are permitted in an off-leash area.

(I) No dog obedience classes may be conducted in an off-leash area.

(J) The use of an off-leash area by a dog's owner or any other person having care, custody, or control of the dog in question shall constitute an agreement by the dog owner or custodian in question to follow the rules stated in this section, a further, a waiver and release of any and all claims of the city, and agreement to protect, indemnify, defend and hold the city harmless from any claim, injury or damage arising from or related to such use. (F)

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 218 of 328 (K) It shall be unlawful for any person to have a dog in an off-leash area between 10:00 p.m. and 7:00 a.m.
§ 96.22 GOLF.

(A) No person shall enter, be or remain in any park while in possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(C) This section may only be waived pursuant to the terms and conditions of a permit issued pursuant to this chapter by the Community Services Commission. (Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.25 ADDITIONAL REGULATIONS.

No temporary regulation issued hereunder may be enforced for more than 180 consecutive days.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 219 of 328 Each new park regulation adopted, or a summary statement explaining the modification or repeal of an established park regulation, shall be published in the local newspaper twice within the two weeks after adoption, with not less than five days between publications. The park regulations shall provide the process for appealing the adoption of a new park regulation, or the modification or repeal of an established regulation. The City Council retains and may exercise at its discretion authority to adopt, modify or repeal any park regulation. (Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.26 USE OF FIELDS ON SUNDAYS; PERMITS.

No formally organized sports competition may be scheduled to take place in any park on Sunday unless a permit for said scheduling has been approved by the Community Services Commission and issued by the Community ServicesCity Manager, or their designee. Permits for such activity, and appeals regarding decisions as to same shall be considered per the city's park regulations. (Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.27 TITLE 100, SKATE PARKS.

Title 100 of the Code of Indio shall continue in full force and effect as additional authority applicable to the use of skate parks in the city.
§ 96.28 PARK USE AS CITY ENTERPRISE.

The City Council may from time to time consider and approve park programs, including but not limited to facilitating the rental or leasing of a park, and may also sponsor city events incorporating the use of a park that will serve to advance the public welfare and allow the city's use of its parks as a revenue-generating enterprise.
§ 96.29 FEES.

The City Council shall from time to time, by resolution, set and modify the fees payable by any applicant: (A) that applies for a permit to have a large group event in a city park pursuant to §

96.03, (B) that applies for a permit to engage in Sunday use of park fields pursuant to § 96.26 and any applicable park regulation, (C) that applies for a permit that necessitates the presence of city staff at a park during a group event pursuant to the park regulations, (D) that wishes to appeal any determination or citation under this chapter and the park regulations. Fees shall generally shall not be payable by any applicant for a group event permit that does not meet the criteria of a large group event. However, notwithstanding any other provision of this chapter, any applicant for a group event permit shall pay fees payable upon an appeal, fees payable for a

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 220 of 328 background investigation, and fees payable to fund the presence of city staff at a group event per this chapter. No fees payable per this chapter shall exceed the costs reasonably borne of providing the corresponding services provided per this chapter. No fees shall be payable with respect to the filing or consideration of an application for a city event. The fees payable in relation to an Indio-based group event shall be at least 20% lower than any fees payable for any other group event. Any appellant under this chapter that prevails upon its appeal shall be entitled to the city's return of its fees that were payable on appeal. § 96.30 TEMPORARY PARK CLOSURESSMOKING PROHIBITED.

Any park may be temporarily closed per the city's park regulations. (A) It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar ashes or any flaming or glowing substance in any park.
(B) For the purposes of the Section:
(1) Smoke or smoking means and includes any of the following: (a) the direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, cannabis, plant product, or other combustible substance in any form, or (b) the holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device, or (c) emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device. "Smoke" also means the gaseous or vaporous products or particles created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of smoking equipment or article. (2) Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately; and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
(3) Park shall have the same meaning as in Section 96.01, except shall not include golf courses.
§ 96.31 PUBLIC RECORDS.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 221 of 328 Any document prepared per this chapter shall be a public record maintained in accord with the city's records retention policy, and shall be subject to redaction only per a decision by the City Attorney in accord with the California Public Records Act.

PERMITS FOR GROUP EVENTS
§ 96.40 PERMIT APPLICATION.

Each application for a group event permit shall be made in writing on a form provided by the Community ServicesCity Manager, and shall be filed with the Community Services Department together with any application fees that may be established from time to time by resolution of the City Council. The contents of each permit application shall comply with the city's park regulations.
(Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12) § 96.41 PERMIT REVIEW, ISSUANCE AND DENIAL.

(A) The Community Services Supervisor of Special EventsCity Manager shall be the City Official responsible for the receipt, review and consideration of applications for group event permits filed per this chapter. However, the Community Services Commission shall review and consider any application for a large group event permit. The process through which each application is reviewed, issued or denied shall conform to the city's park regulations.

(B) Absent group event specific circumstances, the city's consideration of each application shall address whether the proposed group event or large group event can be approved as requested without causing, or likely causing any of the following impacts:

(1) Damage to park landscaping and equipment;

(2) Overload any restroom and other facilities;

(3) Irresolvable conflict with another group event or with a city event;

(4) Excessive traffic congestion or noise in a neighborhood; or

(5) Any other adverse impact upon the city, or the health, safety or welfare of its residents.

(C) The City Official responsible for implementing this section in coordination with the city's Community Services Department shall be the Facilities and Construction Manager or his or her designee.
(Ord. 1565, passed 12-16-09; Am. Ord. 1618, passed 9-19-12)

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 222 of 328 § 96.42 PERMIT CONTENTS.

Any permit issued per this chapter shall reflect all information required by the city's park regulations.
§ 96.43 APPEALS.

(A) Any violation of this chapter shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator's intent. The City Manager, Police Chief, Fire Marshal and their respective designees are charged with the enforcement of this chapter's provisions.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 223 of 328 (B) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.

(C) Any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a second violation of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.

(D) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the city. Above and beyond the violations and penalties specified herein, the City Attorney and/or any duly authorized city official authorized by the City Manager or the Police Chief to enforce this chapter, may pursue any other right or remedy permitted by this Code or other applicable authority, including but not limited to the commencement of a civil action, or an administrative action based upon a citation issued per Chapter 11 of this Code to any person, partnership, association, corporation, or other legal entity that engages in any conduct that represents a violation of this chapter.

(E) Administrative penalties for citations arising from a violation of this chapter shall be punished per the schedule of fines established by resolution of the City Council or by the park regulations.

(F) Any person who fails to timely pay an administrative penalty specified in Chapter 11 for a violation of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 10.99 of this Code.

(G) Notwithstanding the absence in Chapter 11 of any provision requiring payment due upon appeal of an administrative citation, any person appealing the issuance of an administrative citation issued upon a violation of this chapter shall pay an appellate fee established by resolution of the City Council.

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Second Reading of Ordinance No. 1808 - An Ordinance of the City Council ... Page 224 of 328 City of Indio
City Council
February 21, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Second Reading of Ordinance No. 1809 - An Ordinance of the City Council of the City of Indio, California Repealing Chapter 11 and Various Sections of Chapter 10 of the Indio Municipal Code, Amending Various Sections and Adding Chapter 12 Relating to the Enforcement of the Code

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1809 - An Ordinance of the City Council of the City of Indio, California Repealing Chapter 11 and Various Sections of Chapter 10 of the Indio Municipal Code, Amending Various Sections and Adding Chapter 12 Relating to the Enforcement of the Code

SUMMARY:

Introduction: The City Attorney's Office, working in close collaboration with the Code Enforcement Unit of the Indio Police Department, presents the City Council with this comprehensive update of city ordinances aimed at enhancing the effectiveness and efficiency of code enforcement activities within the city. Background: Over the years, Indio has grown and evolved, necessitating a review and update of our existing code enforcement ordinances. The current code enforcement language, in some instances, has proven to be inadequate in addressing the diverse range of code violations occurring within the city. This inadequacy has led to challenges in ensuring compliance and maintaining the health, safety, and aesthetic standards that our community values. Objective: The primary objective of this ordinance update is to refine and strengthen the city's code enforcement language, code empower will This enforceable. clear, comprehensive, more it making and enforcement officers with the tools they need to effectively address violations, ultimately leading to a safer, healthier, and more visually appealing community. Key Areas of Focus: Clarification and Definition: Revise ambiguous language in the current ordinances and provide clearer definitions to ensure that both the code enforcement officers and the public understand the standards and expectations. Streamlining Processes: Simplify and streamline enforcement processes to reduce response times and increase efficiency. Penalty Structure Review: Reevaluate the penalty structure for code violations to ensure that penalties are appropriate, deterrent, and consistent across different types of violations. Compliance Incentives: Introduce incentives for voluntary compliance to encourage promptly. The Changes: Proposed violations and to businesses residents rectify proposed ordinance update includes the following key changes: Increased Clarity: Language revisions for greater clarity and understanding of code requirements. Revised Penalties: Provision for additional enforcement strategies beyond administrative citations to reflect the severity of the violation and ensure deterrent effect. Streamlined Processes: Procedures for quicker resolution of violations correction and appeals. Incentives for Compliance: Programs to reward timely of violations. Community Impact: The proposed ordinance update is expected to have a positive impact on the community by reducing the prevalence of code violations, enhancing the aesthetic AGENDA ITEM #8.14
Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 225 of 328 appeal and safety of neighborhoods and improving the overall quality of life for residents.

Conclusion and Recommendation: The proposed comprehensive ordinance update is a critical step toward more effective code enforcement in Indio. The changes will provide the necessary tools and clarity to ensure that code enforcement is both efficient and effective. It is recommended that the City Council review these proposed updates and consider their adoption to enhance the well-being and standard of living in our community.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1809 - Municipal Code Enforcement

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 226 of 328 1 ORDINANCE NO. 1809

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, REPEALING CHAPTER 11 AND VARIOUS SECTIONS
OF CHAPTER 10 OF THE INDIO MUNICIPAL CODE, AMENDING
VARIOUS SECTIONS AND ADDING CHAPTER 12 ALL RELATING TO

THE ENFORCEMENT OF THE CODE
WHEREAS, pursuant to the City’s police power under Article XI Section § 7 of the California Constitution, the City Council of the City of Indio has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, the City Council finds that the enforcement of City codes and applicable State laws throughout the city is an important public service that is vital to the protection of the public's health, safety and quality of life; and WHEREAS, the City Council further finds and recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings; and WHEREAS, the City Council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to maintaining code compliance; and
WHEREAS, the City Council further finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the City of Indio Municipal Code and applicable state codes; and
WHEREAS, it is the purpose and intent of the City Council to adopt an ordinance that provides these vital services in accordance with State and Federal law.

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

Section 1. Municipal Code Amendment.
(a) Chapter 11 of Title I of the Indio Municipal Code is hereby repealed in its entirety.
(b) Sections 10.20, 10.21, 10.22, 10.23, 10.24, 10.25, 10.98. 10.99, and 10.100 of Chapter 10 or Title I of the Indio Municipal Code are hereby repealed in their entirety.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 227 of 328 2 (c) All references within the Indio Municipal Code (including the Unified Development Code) to any section referenced above in subsections (a) or (b) or to Chapter 95A shall be amended to refer to Chapter 12 of Title I of the Indio Municipal Code, including but not limited to, the following:
(1) Section 1.01.07 of the Unified Development Code shall be amended to read as follows:

It is a public nuisance for any person, firm, company, or organization to own, use, operate, lease, or otherwise maintain a property or a building, or to own, operate, lease, or otherwise maintain property in violation of any provision of this Code. Notices of violation shall be provided and recorded, and nuisances abated according to the provisions of Chapter 12 of the Indio Municipal Code.
(2) Section 4.04.04(D) of the Unified Development Code shall be amended to read as follows:

Any violation of this Section is a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the City in the manner described in Chapter 12 of the Indio Municipal Code and any other applicable provision of state or local law.
(3) Section 6.07.16 of the Unified Development Code shall be amended to read as follows:

Any nonconforming use or structure that has been abandoned or revoked shall be abated, including clearing of the land and any associated equipment or materials, within the time period established by the Director or City Council. All future use of such land shall conform to the applicable zone and use provisions of this Code.

The provisions of this Chapter are in addition to existing State law authority to declare and abate a public nuisance pursuant to California law and other applicable provisions of the Indio Municipal Code. If a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the Chapter 12 of the Indio Municipal Code. (4) Section 6.08 of the Unified Development Code shall be amended to read as follows:
“See Chapter 12 of the Indio Municipal Code for the procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Code and departments and officials responsible for enforcement.”

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 228 of 328 3 (d) Section 37.018 of Chapter 37 of Title III of the Indio Municipal Code is hereby amended to read as follows:

SECTION 37.018: VIOLATIONS AND PENALTIES
(A) Operating a short-term rental without a valid permit is prohibited. Advertising shall be prima facie evidence of operation. Additional evidence of operation may include, but not limited to guest testimony, online reviews, rental agreements or any other information deemed relevant by the city.
(B) Any person violating the provisions of this chapter, including without limitation the owner, responsible person, occupants and the local contact persons may be subject to administrative and/or judicial remedies as set forth herein. The owner of a short-term rental shall be deemed responsible for all violations of this chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the city from issuing fines or citations to occupants, or exercising other remedies against occupants, if the responsible person or occupants are deemed to have committed the violation.
(C) Any person who violates any provision of this chapter is guilty of a misdemeanor.

Such violation is punishable as set forth in Chapter 12 of this code. Each and every day, or portion thereof, that a violation of this chapter exists constitutes a separate and distinct violation.
(D) Alternatively, any person who violates any provision of this chapter may be issued an administrative citation in accordance with Chapter 12 of this code. The amount of the administrative fine shall be set forth in a schedule of fines adopted by resolution of the City Council. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter. (E) In addition to the foregoing, a violation of any provision of this chapter shall constitute a public nuisance and shall be subject to abatement by the city by means of a civil action or administrative abatement pursuant to Chapter 12 of this code, and each day such condition continues it shall be regarded as a new and separate offense. (F) The remedies provided for in this section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 229 of 328 4 (e) Section 95.01 of the Indio Municipal Code is hereby amended to read as follows:
§ 95.01 ENFORCEMENT HEARING OFFICER
(A) The functions and duties of the former Indio Consolidated Appeals Board, as specified in Chapter 95 are transferred to the Enforcement Hearing Officer established by Chapter 12 of this Code. Where the Code makes reference to the Indio Consolidated Appeals Board, such references shall be deemed to refer to the Enforcement Hearing Officer and where such reference grants or infers functions and duties for the former Indio Consolidated Appeals Board, those functions and duties shall be deemed transferred to the Enforcement Hearing Officer. (B) Appeals to the Enforcement Hearing Officer shall be based upon a claim that the intent or provisions of Code of Indio Chapters 93, 95A, 95B, 95D, or 151 has been incorrectly interpreted or applied. The Enforcement Hearing Officer shall have no authority to waive requirements of any of these chapters. (f) All references in Chapter 95 to the Indio Consolidated Appeals Board shall be amended to refer to the Enforcement Hearing Officer appointed pursuant to Chapter

12. (g) Subdivision (B) of Section 95A.105 of Chapter 95 shall be amended to replace “to the Indio Consolidated Appeals Board pursuant to § 95A.120” with “in accordance with the applicable provisions of Chapter 12 of this Code”. (h) Subdivision (A) of Section 95A.113 of Chapter 95 shall be amended to replace “to the Indio Consolidated Appeals Board pursuant to § 95A.121” with “in accordance with the applicable provisions of Chapter 12 of this Code”. (i) Subsection (6) of Subdivision (C) of Section 95A.113 of Chapter 95 shall be amended to replace “to the Indio Consolidated Appeals Board pursuant to §§ 95A.120 and 95A.121” with “in accordance with the applicable provisions of Chapter 12 of this Code”.
(j) Subdivision (C) of Section 37.018 of Chapter 37 shall be amended to replace “§ 10.99” with “Chapter 12”.
(k) Subdivision (D) of Section 37.018 of Chapter 37 shall be amended to replace “Chapter 11” with “Chapter 12”.
(l) Subdivision (E) of Section 37.018 of Chapter 37 shall be amended to replace “Chapter 95A” with “Chapter 12”.
(m) Section 95A.114 of Chapter 95 shall be amended to replace “Chapter 11” with “Chapter 12”.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 230 of 328 5 (n) The title of Section 95A.120 of Chapter 95 shall be amended to read as follows:
“§ 95A.120 GRIEVANCE WITH ABATEMENT ORDER”
(o) Section 95A.120(D) shall be amended to read as follows::
“(D) Upon the receipt of the written appeal, a hearing will be scheduled and conducted in accordance with the applicable provisions of Chapter 12 of this Code.” (p) Section 95A.120(E) shall be amended to read as follows:
“(E) On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed shall be stayed in accordance with the applicable provisions of Chapter 12 of this Code.”
(q) The title of Section 95A.121 of Chapter 95 shall be amended to read as follows:
“§ 95A.121 GRIEVANCE WITH COST ORDER”
(r) Subdivision (D) Section 95A.121 of Chapter 95A Amended. Title IX, Chapter 95A, Section 95A.121, Subdivision (D) of the Indio Municipal Code as Adopted in Ordinance 1529; as Amended by Ordinance 1589; as Amended by Ordinance 1611 is hereby Amended to read as follows:
“(D) Upon receipt of the written appeal, a hearing will be scheduled and conducted in accordance with the applicable provisions of Chapter 12 of this Code.” (s) Section 95A.123 of Chapter 95 shall be amended to replace “Chapter 10” with “Chapter 12”.
(t) Section 95A.124 of Chapter 95A Amended. Title IX, Chapter 95A, Section 95A.124, of the Indio Municipal Code is hereby Amended to read as follows:
“Nothing in this chapter shall prevent the City Attorney from commencing a civil, criminal or other proceeding to abate a public nuisance as an alternative to, or in addition to, the proceedings set forth in this chapter or Chapter 12 of this Code.” (u) Section 95D.102 of Chapter 95D shall be amended to remove “or a Nuisance Abatement Appeals Board's written final order decision issued pursuant to § 95A.120, if any” from the definitions of “ABATEMENT ORDER.” and “ADMINISTRATIVE PENALTY PAYMENT DUE DATE.”
(v) Subdivision (B) of Section 95D.109 of Chapter 95D shall be amended to replace “Chapter 10” with “Chapter 12.”

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 231 of 328 6 (w) Subdivision (C) of Section 95D.109 of Chapter 95D shall be amended to replace “Chapter 95A” with “Chapter 12.”
(x) Section 95D.110 of Chapter 95D Amended. Title IX, Chapter 95D, Section 95D.110 of the Indio Municipal Code is hereby Amended to read as follows:
“Any person aggrieved by any of the requirements of this chapter may appeal in accordance with the applicable provisions of Chapter 12 of this Code.” (y) Subdivision (A) of Section 95E.110 of Chapter 95E shall be amended to replace “Section 10.99” with “Chapter 12.”
(z) Subdivision (B) of Section 95E.110 of Chapter 95E shall be amended to replace “§ 10.99” with “Chapter 12.”
(aa) Subdivision (D) of Section 95E.110 of Chapter 95E shall be amended to replace “Chapter 95A” with “Chapter 12.”
(bb) Chapter 12 is hereby added to Title I of the Indio Municipal Code to read as follows:

CHAPTER 12: ENFORCEMENT OF CODE
DIVISION 1. DEFINITIONS
Sec. 12.01.01. Definitions.

DIVISION 2. CODE ENFORCEMENT AUTHORITY AND POWERS
Sec. 12.02.01. Declaration of purpose.

Sec. 12.02.02. General enforcement authority.

Sec. 12.02.03. Authority to issue notice to appear and release citations.

Sec. 12.02.04. Notice of violation.

Sec. 12.02.05. Authority to inspect.

Sec. 12.02.06. Power to arrest.

Sec. 12.02.07. Violation of Code.

Sec. 12.02.08. Subpoenas.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 232 of 328 7 DIVISION 3. NOTICE
Sec. 12.03.01. Service of notices.

Sec. 12.03.02. Proof of service of notices.

Sec. 12.03.03. Constructive notice of recorded documents.

DIVISION 4. JUDICIAL REMEDIES
Sec. 12.04.01. Judicial remedies.

Sec. 12.04.02. Failure to appear or post bail.

Sec. 12.04.03. Civil violations—Injunctions and civil penalties.

Sec. 12.04.04. Code enforcement performance bond.

Sec. 12.04.05. Judicial abatement.

Sec. 12.04.06. Treble damages for subsequent abatement judgments.

DIVISION 5. ADMINISTRATIVE REMEDIES
Sec. 12.05.01. Administrative remedies.

Sec. 12.05.02. Declaration of purpose.

Sec. 12.05.03. Authority.

DIVISION 6. ISSUANCE AND RECORDATION OF NOTICES OF

VIOLATION
Sec. 12.06.01. Issuance and recordation of notices of violation.

Sec. 12.06.02. Declaration of purpose.

Sec. 12.06.03. Procedures for issuance of a notice of violation.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 233 of 328 8 Sec. 12.06.04. Procedures for recordation.

Sec. 12.06.05. Service of notice of violation.

Sec. 12.06.06. Procedures to appeal recordation.

Sec. 12.06.07. Appeal hearing.

Sec. 12.06.08. Notice of compliance—Procedures.

Sec. 12.06.09. Prohibition against issuance of municipal permits.

Sec. 12.06.10. Cancellation of recorded notice of violation.

DIVISION 7. ADMINISTRATIVE CIVIL PENALTIES
Sec. 12.07.01. Administrative civil penalties; purpose; authority.

Sec. 12.07.02. Procedures—Notice and order.

Sec. 12.07.03. Determination of civil penalties.

Sec. 12.07.04. Administrative costs.

Sec. 12.07.05. Appeal of administrative civil penalty.

Sec. 12.07.06. Failure to comply with enforcement official's notice and order.

Sec. 12.07.07. Civil penalties hearing.

Sec. 12.07.08. Administrative enforcement order.

Sec. 12.07.09. Failure to comply with the administrative enforcement order.

Sec. 12.07.10. Allocation of administrative civil penalties.

DIVISION 8. ADMINISTRATIVE CITATIONS
Sec. 12.08.01. Declaration of purpose.

Sec. 12.08.02. Authority.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 234 of 328 9 Sec. 12.08.03. Contents of Administrative Citation and Compliance Order.

Sec. 12.08.04. Administrative Citation Service Procedures.

Sec. 12.08.05. Hearing to Contest Administrative Citations.

Sec. 12.08.06. Right of Judicial Review of Hearing Officer Decision.

Sec. 12.08.07. Penalties Assessed and Hardship Waiver.

Sec. 12.08.08. Failure to pay penalties.

Sec. 12.08.09. Allocation of administrative fines.

DIVISION 9. SUMMARY ABATEMENT
Sec. 12.09.01. Declaration of purpose.

Sec. 12.09.02. Summary abatement.

Sec. 12.09.03. Authority.

Sec. 12.09.04. Procedures.

DIVISION 10. ADMINISTRATIVE ABATEMENT
Sec. 12.10.01. Declaration of purpose.

Sec. 12.10.02. Authority.

Sec. 12.10.03. General Procedures and Appeals.

Sec. 12.10.04. Abatement of a Public Nuisance by the City.

DIVISION 11. ADMINISTRATIVE ENFORCEMENT APPEALS
Sec. 12.11.01. Appeal Procedures.

Sec. 12.11.02. Appeal Hearing.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 235 of 328 10 Sec. 12.11.03. Failure to Attend an Administrative Enforcement Hearing.

DIVISION 12. ADMINISTRATIVE ENFORCEMENT HEARING

PROCEDURES
Sec. 12.12.01. Declaration of Purpose.

Sec. 12.12.02. Procedures for Notification of Enforcement Hearing.

Sec. 12.12.03. Disqualification of Enforcement Hearing Officer.

Sec. 12.12.04. Powers of Enforcement Hearing Officer.

Sec. 12.12.05. Procedures at Administrative Enforcement Hearing.

Sec. 12.12.06. Failure to Attend Administrative Enforcement Hearing.

Sec. 12.12.07. Administrative Enforcement Order.

Sec. 12.12.08. Judicial Review.

Sec. 12.12.09. Failure to Comply with Administrative Enforcement Order.

DIVISION 13. RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE

COSTS AND ABATEMENT COSTS
Sec. 12.13.01. Declaration of Purpose.

Sec. 12.13.02. Procedures for Recovering Costs.

Sec. 12.13.03. Recovery of Civil Penalties.

Sec. 12.13.04. Authority to Impose Lien/Special Assessment.

Sec. 12.13.05. Recovery as a Lien on Property.

Sec. 12.13.06. Recovery of Costs by Special Assessment.

Sec. 12.13.07. Repayment to Code Enforcement Civil Penalties Fund.

Sec. 12.13.08. Satisfaction of Lien/Special Assessment.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 236 of 328 11 DIVISION 14. ATTORNEYS' FEES AND COSTS
Sec. 12.14.01. Declaration of Purpose.

Sec. 12.14.02. Recovery of Costs.

DIVISION 15. CODE COMPLIANCE COST RECOVERY
Sec. 12.15.01. Code Compliance Costs.

Sec. 12.15.02. Declaration of Purpose.

Sec. 12.15.03. Authorization.

Sec. 12.15.04. Assessment of Code Compliance Costs.

Sec. 12.15.05. Notice of Assessment of Code Compliance Costs.

Sec. 12.15.06. Failure to Pay Code Compliance Costs.

Sec. 12.15.07. Collection of Code Compliance Costs.

Sec. 12.15.08. Payment to Code Enforcement Civil Penalties and Cost Recovery Fund.

DIVISION 16. CODE ENFORCEMENT CIVIL PENALTIES AND COST

RECOVERY FUND
Sec. 12.16.01. Declaration of Purpose.

Sec. 12.16.02. Establishment of Code Enforcement Civil penalties and Cost Recovery Fund.

Sec. 12.16.03. Use of Funds.

DIVISION 17. PRIVATE NUISANCE ABATEMENT
Sec. 12.17.01. Private Nuisance.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 237 of 328 12 Sec. 12.17.02. Private Nuisance Abatement.

DIVISION 1. DEFINITIONS
Sec. 12.01.01. Definitions.

As used in this Code, the following shall have the following meanings. (1) Abatement means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.
(2) Administrative enforcement order means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this Code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien.
(3) Abatement notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance. (4) Code enforcement performance bond means a bond posted by a responsible person to ensure compliance with the City of Indio Municipal Code, applicable state codes, a judicial decree or administrative enforcement order. (5) Enforcement hearing officer means any person appointed by the city manager to preside over administrative enforcement hearings. (6) Enforcement official means any person authorized to enforce violations of the City of Indio Municipal Code or applicable state codes. (7) Financial institution means any person that holds a recorded mortgage or deed of trust on a property.
(8) Imminent life safety hazard means any condition which creates a present and immediate danger to life, property, health or public safety. (9) Legal interest means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 238 of 328 13 (10) Notice and order means a document used in abatement and civil penalties actions which provides notice of the City of Indio Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.
(11) Notice of compliance means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement.
(12) Notice of violation means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the City of Indio Municipal Code.
(13) Nuisance abatement lien means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.
(14) Person means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.
(15) Property owner means the recorded owner of real property based on the county assessor's records.
(16) Public nuisance means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this Code or any other city, state or federal law or regulation. (17) Responsible person means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the City of Indio Municipal Code or applicable state codes. The term responsible person includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 239 of 328 14 (18) Written includes printed, typewritten, mimeographed, multi- graphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code § 250.

DIVISION 2. CODE ENFORCEMENT AUTHORITY AND POWERS
Sec. 12.02.01. Declaration of Purpose.
(A) The city council finds that the enforcement of the Municipal Code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the Municipal Code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.

Sec. 12.02.02. General Enforcement Authority.

All city enforcement officials designated in the City of Indio Municipal Code Chapter 12 shall have the authority and powers necessary to gain compliance with the provisions of the City of Indio Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.

Sec. 12.02.03. Authority to Issue Notice to Appear and Release Citations. (A) Pursuant to the provisions of the Penal Code of the State of California § 836.5, certain officers and employees of the City of Indio are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce.
(B) The following officers and employees of the City of Indio are hereby designated and authorized to issue said citations:
(1) Finance department:

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 240 of 328 15 (a) City Manager and their designee(s).
(b) Finance director and their designee(s).
(2) Fire department:
(a) Fire chief and their designee(s).
(b) All sworn personnel.
(3) Community development department:
(a) City Manager and their designee(s).
(b) Community Development Director and their designee(s). (c) Building inspectors (including supervising building inspectors, senior building inspectors, and building
inspectors).
(d) Building officials (including chief, senior, and deputy building officials).
(4) Police department:
(a) Police chief and their designee(s).
(b) All sworn personnel.
(c) Code enforcement officers and code enforcement manager. (d) Community service officers (I and II).
(5) Public works:
(a) City Manager and their designee(s).
(b) Public works director and their designee(s).
(6) Indio Water Authority:
(a) City Manager and their designee(s).
(b) Indio Water Authority General Manager and their
designee(s).

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 241 of 328 16 Sec. 12.02.04. Notice of Violation.

Division 6 provides the procedure for issuance and recordation of notices of violation where other sections of this Code, or applicable state codes, do not provide an alternative procedure.

Sec. 12.02.05. Authority to Inspect.
(A) All inspections, entries, examinations and surveys shall be conducted in compliance with the protections provided under the United States Constitution, the California State Constitution, and all other laws that may apply under the circumstances.
(B) City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the City of Indio Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties.

These may include the taking of photographs, video recordings, audio recordings, soil samples, water samples, or other the collection of other physical evidence. (C) If an owner, occupant or agent refuses to grant City enforcement officials permission to enter upon any property or refuses to allow a City enforcement official to conduct any necessary examination, inspection or survey, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.

Sec. 12.02.06. Power to Arrest.
(A) City enforcement officials are authorized to place a person under arrest in accordance with the California Penal Code § 836.5, § 853.6, and § 830 et seq. (B) City enforcement officials that do not have the powers of arrest provided under Penal Code § 830 et seq. may only arrest a person by issuing a misdemeanor field citation, or by effecting a citizen's arrest with the assistance of a peace officer.

Sec. 12.02.07. Violation of Code.
(A) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this Code, or to violate any provision or fail to comply with any of the requirements of this Code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 242 of 328 17 (B) A violation of any of the provisions of this Code, or failing to comply with any of the mandatory requirements of this Code shall constitute a public nuisance. (C) In accordance with California Penal Code § 370, the following shall constitute a public nuisance and a violation of this Code:
(1) Anything which:
(a) Is injurious to health, or
(b) Is indecent, or
(c) Is offensive to the senses, or
(d) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or; (e) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(D) In accordance with California Civil Code § 3479, the following shall constitute a public nuisance and a violation of this Code:
(1) Anything which:
(a) Is injurious to health, including, but not limited to, the illegal sale of controlled substances, or
(b) Is indecent or offensive to the senses, or
(c) Is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or (d) Unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. (E) In accordance with California Government Code § 38771, § 39501, § 39502, § 39560 § 39561, and 39561.5 the following shall constitute a public nuisance and a violation of this Code:
(1) Weeds.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 243 of 328 18 (a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing weeds which:
(i) Bear wingy or downy seeds, or
(ii) Constitute a menace to the public health, or
(iii) Endangers the public safety by creating a fire hazard, or
(iv) May harbor rats, vermin, ticks, or other disease
carriers, or pests, or
(v) Constitute an unsightly appearance, or
(vi) Constitute an attractive nuisance, or
(vii) Are otherwise noxious or dangerous.
(b) For purposes of this section “Weeds” include any and all variations of:
(i) Sagebrush, cactus, chaparral, poison oak, poison ivy, grass, stubble, brush, vegetation, and any other bush, shrub, plant, fungus, or other organic growth.
(2) Rubbish.
(a) Any property, premises, buildings, grounds or lots and their adjacent parking areas, sidewalks, or streets containing rubbish which:
(i) Constitutes a menace to the public health, or
(ii) Endangers the public safety by creating a fire hazard, or
(iii) May harbor rats, vermin, ticks, or other disease
carriers, or pests, or
(iv) Constitutes an unsightly appearance, or
(v) Constitutes an attractive nuisance, or
(vi) Is otherwise noxious or dangerous.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 244 of 328 19 (b) For Purposes of this section “Rubbish” includes any and all variations of:
(i) Trash, litter, garbage, seeds, plant trimmings, grass clippings, palm fronds, leaves, food, fruit, vegetables, meat, metal, glass, wood, cardboard, plastic, appliances, chemicals, containers, bags, furniture, boxes, clothing, tarps, mattresses, foam, wire, paper, clothing or any other inorganic material, or organic material.
(F) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor except when the violation of a provision of this Code is specifically declared to be an infraction. (G) Notwithstanding any other provision of this Code, any violation constituting a misdemeanor under this Code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this Code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly. (H) Abatement of a public nuisance may be accomplished by any of the methods described in this Code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits, or as otherwise allowed under state law.

Sec. 12.02.08. Subpoenas.
(A) Purpose. This section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code § 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the city council has legislative and/or appropriative authority. (B) Authority. The procedures set forth herein are authorized by California Government Code § 37104, et seq.
(C) Issuance of subpoena. The city council may authorize, through the adoption of a resolution, the city clerk (with the assistance of the city attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the city council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The mayor shall sign all subpoenas. The city clerk shall

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 245 of 328 20 attest to the mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the city council.
(D) Form of Subpoena. Subpoenas issued pursuant to this section shall be a form approved by the city attorney.
(E) Failure to comply. If any person refuses or fails to comply with a subpoena issued under this section, the mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code § 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this Code for noncompliance with the subpoena(s) or under any other applicable laws.

DIVISION 3. NOTICE
Sec. 12.03.01. Service of Notices.
(A) Whenever a notice is required to be given under the City of Indio Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) First-Class mail; or
(3) Certified mail; or
(4) Electronic service, only if the party to receive notice has consented to electronic service; or
(5) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager. (B) Service by Certified or First-Class mail.
(1) If service is provided by Certified or First-Class mail in the manner described above, the service shall be effective on the date of mailing. (2) The same notice may be sent simultaneously by Certified and First- Class mail.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 246 of 328 21 (3) If a notice sent by Certified mail is returned unsigned, then service shall be deemed effective pursuant to First-Class mail, provided the notice that was sent by First-Class mail is not returned.
(C) Electronic Service.
(1) This section shall be consistent with Section 1010.6 of the California Code of Civil Procedure and the rules of court adopted by the Judicial Council for electronic service.
(2) Definitions.
(a) “Electronic service” means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person's agent, including the person's attorney, or through an electronic filing service provider, and by a court. (b) “Electronic transmission” means the transmission of a document by electronic means to the electronic service address at or through which a person receives electronic service.
(c) “Electronic notification” means the notification of the person that a document is served by sending an electronic message to the electronic address at or through which the person receives electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(3) Procedure.
(a) Electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(b) Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a non-court day shall be deemed served on the next court day.
(4) Consent to Electronic Service.
(a) Persons represented by counsel.
(i) A person represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by Certified or First Class Mail.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 247 of 328 22 (ii) A person represented by counsel shall, upon the request of any representative of the Citing agency, electronically serve the Citing agency at the provided electronic service address with any notice or document that may be served by certified or first class mail.
(b) Unrepresented Persons.
(i) An unrepresented party may provide express consent to receive electronic service by submitting written consent to the City Clerk. (ii) The written consent must include a valid electronic service address (a valid e-mail address); the party’s full name; and the written consent must be attached to a copy of the matter the party is requesting electronic service for. (c) Withdrawal of Consent.
(i) An unrepresented party who has provided express consent to accept service electronically may withdraw consent at any time by serving the City Clerk with written notice of withdrawal of their consent.
(ii) Counsel for a represented party may withdraw consent to electronic service at any time by serving the City Clerk with written notice of withdrawal of their consent.
(D) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code.

Sec. 12.03.02. Proof of Service of Notices.
(A) Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of 18 years.

The proof of service shall show that service was done in conformity with this Code or other provisions of law applicable to the subject matter concerned.

Sec. 12.03.03. Constructive Notice of Recorded Documents. (A) Whenever a document is recorded with the county recorder as authorized or required by the City of Indio Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.

DIVISION 4. JUDICIAL REMEDIES

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 248 of 328 23 Sec. 12.04.01. Judicial Remedies.
(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the City of Indio Municipal Code. (B) Except as elsewhere stated in this Code, any person causing, permitting, aiding, abetting, or concealing a violation of this Code shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor or an infraction and upon conviction may be subject to a fine not to exceed $1,000.00 or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
(C) Except as elsewhere stated in this Code, the city attorney, in their sound discretion, may prosecute a violation of this Code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Code shall be punished by:
(1) A fine not exceeding $100.00 for the first violation, (2) A fine not exceeding $200.00 for a second violation within one year, and;
(3) A fine not exceeding $500.00 for a third violation within one year. (D) Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person.

Sec. 12.04.02. Failure to Appear or Post Bail.
(A) Pursuant to California Penal Code Section § 1320(a), any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this Code or to post bail in connection with that citation is guilty of a misdemeanor.
(B) Pursuant to, and in accordance with, the mandatory provisions of California Penal Code § 853.8 or, alternatively, the mandatory provisions of California Penal Code § 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this Code, it is the intent of the city council that a warrant for the arrest of that person shall be issued.

Sec. 12.04.03. Civil Violations—Injunctions and Civil Penalties. (A) In addition to any other remedy provided by this code, any provision of this chapter relating to the abatement of a public nuisance may be enforced by

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 249 of 328 24 application to the court for an abatement warrant granting the City authority to eliminate the nuisance conditions or by an injunction issued by the superior court upon a suit brought in the name of the City. All remedies prescribed by this chapter are cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purposes of enforcing the provisions hereof or abating a public nuisance. (B) In addition to the penalties provided above, any condition caused or permitted to exist in violation of any provision of any ordinance of the City or provision of this code shall be deemed a public nuisance and may be abated as provided herein or in any other chapter of this code.
(C) As part of a civil action filed to enforce provisions of this Code, a court may assess a maximum civil penalty of $2,500.00 per violation of the Municipal Code for each day during which any person commits, continues, allows or maintains a violation of any provision of this Code.

Sec. 12.04.04. Code Enforcement Performance Bond.

As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the City of Indio Municipal Code, in accordance with applicable state codes or any judicial action.

Sec. 12.04.05. Judicial Abatement.

Pursuant to California Penal Code § 372, § 373a, and California Code of Civil Procedure § 731 the city attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Indio and the People of the State of California.

Sec. 12.04.06. Treble Damages for Subsequent Abatement Judgments.

Pursuant to California Government Code § 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code § 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to the California Health and Safety Code § 17980.

DIVISION 5. ADMINISTRATIVE REMEDIES
Sec. 12.05.01. Administrative Remedies.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 250 of 328 25 Divisions 6 through 10 establish optional administrative enforcement remedies available to the city for violations of the municipal code and applicable state codes. The general remedies issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement.

Divisions 11 and 12 govern the procedures for appeals and hearings relating to these administrative remedies.

Sec. 12.05.02. Declaration of Purpose.

The city council finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the City of Indio Municipal Code and applicable state codes. The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be pursued to address Municipal Code and applicable state code violations.

Sec. 12.05.03. Authority.

Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the City of Indio Municipal Code or applicable state code exists, the city may pursue any of the administrative remedies outlined in Divisions 6 through 10 of this Code.

DIVISION 6. ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION Sec. 12.06.01. Issuance and Recordation of Notices of Violation.

This division shall govern the procedures relating to the issuance and recordation of administrative notices of violation.

Sec. 12.06.02. Declaration of Purpose.

The city council finds that there is a need for alternative methods of enforcement for violations of the Municipal Code and applicable state codes which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this division shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.06.03. Procedures for Issuance of a Notice of Violation. (A) Whenever an enforcement official determines that a violation of the City of Indio Municipal Code or applicable state code pertaining to real property exists,

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 251 of 328 26 the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the municipal code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:
(1) The name of the property's record owner;
(2) Street address;
(3) The code sections violated;
(4) A description of the property's condition which violates the applicable codes;
(5) A list of necessary corrections to bring the property into compliance;
(6) A deadline or specific date to correct the violations listed in the notice of violation;
(7) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits;
(8) A brief description of the procedure to appeal the notice of violation including time limitations.

Sec. 12.06.04. Procedures for Recordation.
(A) Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record a notice of violation with the Recorder's Office of Riverside County.
(B) Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this division. The letter shall be served pursuant to any of the methods of service set forth in Division 3 of this Chapter.

The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 252 of 328 27 (C) If a written appeal is not filed pursuant to the procedures set forth in this division, the enforcement official may record the notice of violation if the violation has not been corrected.
(D) The recorded notice of violation shall include the name of the property owner, the property's assessor's parcel number, the parcel's legal description, and a copy of the notice of violation.

Sec. 12.06.05. Service of Notice of Violation.

A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Division 3 of this Chapter.

Sec. 12.06.06. Procedures to Appeal Recordation.
(A) An appeal of a letter of intent to record the notice of violation shall follow the procedures set forth in Divisions 11 and 12 of this Chapter. (B) Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Divisions 11 and 12 of this Chapter. The purpose of the hearing is for the responsible person or property owner to show cause as to why a notice of violation should not be recorded. (C) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.

Sec. 12.06.07. Appeal Hearing.
(A) The appeal shall follow the hearing procedures as set forth in Divisions 11 and 12 of this Chapter.
(B) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
(1) Whether the conditions listed in the notice of violation violate the City of Indio Municipal Code or applicable state codes; and (2) Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this Code.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 253 of 328 28 (C) If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation. (D) If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official's decision to record the notice of violation.

Sec. 12.06.08. Notice of Compliance—Procedures.
(A) After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a re- inspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.
(B) Once the enforcement official receives this request, the enforcement official shall re-inspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed. (C) The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Division 3 of this Chapter only if the enforcement official determines that:
(1) All violations listed in the recorded notice of violation have been corrected; and
(2) All necessary permits have been issued and finalized; and (3) All civil penalties and any fines have been paid; and (4) The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, re-inspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation.
(D) If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Division 3 of this Chapter.
(E) The enforcement official's decision denying a request to issue a notice of compliance shall be final and non-appealable.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 254 of 328 29 Sec. 12.06.09. Prohibition Against Issuance of Municipal Permits. (A) Subject to the exception set forth herein, the City of Indio shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure:
(1) If a request to appeal the recordation of a notice of violation has not been timely filed; or
(2) After a hearing officer on appeal affirms the enforcement official's decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. (B) The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

Sec. 12.06.10. Cancellation of Recorded Notice of Violation.

The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder's Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

DIVISION 7. ADMINISTRATIVE CIVIL PENALTIES
Sec. 12.07.01. Administrative Civil Penalties; Purpose; Authority. (A) The city council finds that there is a need for alternative methods of enforcement of the City of Indio Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.
(B) This division governs the administrative assessment of civil penalties for violations of the City of Indio Municipal Code and applicable state codes. (C) Any person violating any provision of the City of Indio Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this division.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 255 of 328 30 (D) Each and every day a violation of any provision of the City of Indio Municipal Code or applicable state code exists constitutes a separate and distinct violation.
(E) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer.

Civil penalties may be recovered as authorized by Division 13 or subsequent legal action brought by the city attorney.
(F) Civil penalties for violations of any provision of the City of Indio Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this division. The maximum rate shall be $2,500.00 per violation.

Sec. 12.07.02. Procedures—Notice and Order.
(A) Whenever an enforcement official determines that a violation of one or more provisions of the City of Indio Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person.
(B) The notice and order shall refer to each code section violated and describe how each section is or has been violated.
(C) The notice and order shall refer to the dates and locations of the violations.
(D) The notice and order shall describe all remedial action required to correct outstanding violations and establish a time frame for completion. (E) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in Section 12.07.03. of this Division. (F) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.
(G) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 256 of 328 31 (H) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order.
(I) The notice and order shall identify appropriate hearing procedures. (J) The notice and order shall be served upon the responsible person by any one of the methods of service listed in Division 3 of this Chapter. (K) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties. (L) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.

Sec. 12.07.03. Determination of Civil Penalties.
(A) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.
(B) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(C) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person's conduct after issuance of the notice and order.
(6) The good faith effort by the responsible person to comply. (7) The economic impact of the penalty on the responsible person.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 257 of 328 32 (8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(D) The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.

Sec. 12.07.04. Administrative Costs.

An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.

Sec. 12.07.05. Appeal of Administrative Civil Penalty.

An appeal of an administrative civil penalty shall follow the procedures set forth in Divisions 11 and 12 of this Chapter.

Sec. 12.07.06. Failure to Comply With Enforcement Official's Notice and Order.

An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with Divisions 11 and 12 of this Chapter when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.07.07. Civil Penalties Hearing.
(A) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Divisions 11 and 12 of this Chapter. (B) The enforcement hearing officer shall only consider evidence that is relevant to the following issues:
(1) Whether the responsible person has caused or maintained a violation of the City of Indio Municipal Code or applicable state code that existed on the dates specified in the notice and order; and

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 258 of 328 33 (2) Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in Section 12.07.03 was reasonable.

Sec. 12.07.08. Administrative Enforcement Order.
(A) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order.
(B) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the City of Indio Municipal Code or applicable state codes and to make necessary corrections. (C) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines. (D) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.
(E) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.

Sec. 12.07.09. Failure to Comply With the Administrative Enforcement Order.
(A) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order. (B) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.

Sec. 12.07.10. Allocation of Administrative Civil Penalties.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 259 of 328 34 Administrative civil penalties collected pursuant to this division shall be deposited in the code enforcement civil penalties fund established pursuant to Division 16 of this Chapter.

DIVISION 8. ADMINISTRATIVE CITATIONS
Sec. 12.08.01. Declaration of Purpose.

The city council finds that there is a need for an alternative method of enforcement for violations of the City of Indio Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code § 53069.4. The procedures established in this division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.

Sec. 12.08.02. Authority.
(A) Any person violating any provision of the City of Indio Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this division. The administrative citation shall be issued on a form approved by the city manager.
(1) If the violation is a continuing violation of this Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues, the enforcement official will first issue a Compliance Order providing the responsible party a reasonable amount of time to correct or otherwise remedy the violation. The amount of time shall not be less than ten (10) court days.
(a) The amount of time provided to correct or otherwise remedy the violation shall be known as the grace period.
(b) A responsible party may submit a written request to extend the grace period in accordance with the procedures provided in this Division. (2) Notwithstanding subparagraph (1), the enforcement official may immediately issue an Administrative Citation for a continuing violation of this Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues when that violation creates an immediate danger to health or safety. (a) When a violation creates and immediate danger to health or safety, no Compliance Order will be issued, and no grace period will be provided.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 260 of 328 35 (B) Each and every day a violation of the City of Indio Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may be issued.
(C) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city finance department.
(D) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this division.

Sec. 12.08.03. Contents of Administrative Citation and Compliance Order. (A) Contents of an Administrative Citation.
(1) The administrative citation shall refer to the date and location of the violation(s) and the approximate time the violation(s) occurred. (2) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(3) The administrative citation shall describe the action required to correct the violations.
(4) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations.
(5) The administrative citation shall state the amount of penalty imposed for the violations.
(6) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty.
(7) The administrative citation shall provide notice of the right to appeal.
(8) The administrative citation shall provide notice of the right to request a hardship waiver.
(9) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 261 of 328 36 (10) If a Compliance Order was issued before the Administrative Citation, the Compliance Order shall be attached to the Administrative Citation, and the Administrative Citation shall describe how the responsible party failed to fully comply with the Compliance Order.
(B) Contents of a Compliance Order.
(1) The Compliance Order shall refer to the date and location of the violation(s) and the approximate time the violation(s) occurred. (2) The Compliance Order shall refer to the code sections violated and describe how the sections are violated.
(3) The Compliance Order shall describe the action required to correct the violation(s).
(4) The Compliance Order shall provide the grace period the responsible party has to correct the violation(s).
(5) The Compliance Order shall explain the consequences of failure to correct the violations within the grace period.
(6) The Compliance Order shall state the fine amount for the violation(s) and the amount the fine will increase each day the responsible party fails to fully correct the violation(s).
(7) The Compliance Order shall explain how the responsible party can show they have fully complied with the order.
(a) If the enforcement official determines that all violations specified in the compliance order have been corrected within the grace period, the compliance order shall be dismissed and no further action shall be taken against the responsible party regarding the violation(s) identified in the compliance order. (b) If the responsible party fails to fully comply with the compliance order within the grace period, the enforcement official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not relieve the responsible person’s obligation to fully comply with the compliance order. (c) The compliance order shall state the time period after which administrative fines will begin to accrue if there is not full compliance with the order. (8) The Compliance Order shall provide notice of the right to request a hardship waiver.

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Second Reading of Ordinance No. 1809 - An Ordinance of the City Council ... Page 262 of 328 37 (9) The Compliance Order shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.
(C) Request to Extend Grace Period.
(1) The Compliance Order shall explain how the responsible party can submit a written request to extend the grace period.
(a) The responsible party my request to extend the grace period. The request must be made in writing and must be served on the City Clerk in accordance with the service procedures of this Chapter at least 3 court days before the end of the grace period.
(b) Upon receiving valid service of a written request to extend the grace period from the responsible party, the grace period shall be tolled until the enforcement agency serves a written response on the responsible party in accordance with the service procedures of this Chapter.
(c) If the request to extended the grace period is granted, a new compliance order shall be issued showing the original grace period, the date the extension was granted, and the new grace period within which the violation must be corrected.
(d) If the request to extended the grace period is denied, the original grace period will resume 3 court days after the enforcement agency has provided service of the denial in accordance with the service procedures of this Chapter.

Sec. 12.08.04. Administrative Citation Service Procedures. (A) Upon discovering any violation of the City of Indio Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this division. (1) In the case of a Person.
(a) Personal Service.
(b) For responsible parties who reside at, or occupy, the subject property, by posting the Administrative Citation or Compliance Order in a conspicuous place on the subject property, and then the Administrative Citation or Compliance Order shall be mailed to the responsible person in the manner prescribed in Division 3. (c) If the enforcement official is unable locate a valid address for the responsible person for the violation, then the Administrative Citation or Compliance

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Indio City CouncilFebruary 21, 2024

Indio City Council
February 21, 2024