Indio City Council
June 5, 2024

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 134 of 2161 15 Military Equipment Usage
Chemical Agents and Smoke Canisters
Chemical agents and smoke canisters were operationally deployed a total of zero (0) times from January 1, 2023, through December 31, 2023. Zero (0) of these incidents were in the City of Indio.

Authorized usages:
· Safely address an individual who displays self-destructive, dangerous, or combative behavior.
· Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk.
· Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer.

Unauthorized usages:
· There have been zero (0) reported violations of the military equipment use policy from January 1, 2023, through December 31, 2023.

Annual Cost:
· There were no new purchases of chemical agents in 2023. There is no additional maintenance cost for this equipment, however needs to be replaced after 5 years. · There were no additional training costs in 2023.

Inventory:
· Eighteen (18) Combined Tactical Systems, CS Baffled Canister Grenade, Pyro, Low Flame.
· Twelve (12) Combined Tactical Systems, Riot CS Smoke. · Twenty-four (24) Combined Tactical Systems, White Smoke. · Twenty-four (24) Combined Tactical Systems, 40mm CS Powder Barricade Penetrating Rounds.
· Thirty-one (31) Combined Tactical Systems, Riot Control Continuous CS Smoke Discharge Grenade. · Eight (8) Combined Tactical Systems, Military Style SAF-Smoke CN / CS Grenade. · Eight (8) Combined Tactical Systems, Pocket Tactical Grenade—SAF-Smoke. · Six (6) Combined Tactical Systems, Pocket Tactical CS Smoke Grenade. · Twelve (12) Combined Tactical Systems, 37mm CS Ferret Rounds · Seventeen (17) Sabre Red, Phantom Aerosol Grenade-OC.

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 135 of 2161 16 40mm Projectile Launchers and Munitions
40mm Projectile Launchers were utilized a total of one (1) time from January 1, 2023, through December 31, 2023. Zero (0) of these incidents were in the City of Indio.

Authorized usages:
· Safely address an individual who displays self-destructive, dangerous, or combative behavior.
· In circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. · Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).

Unauthorized usages:
· There have been zero (0) reported violations of the military equipment use policy from January 1, 2023, through December 31, 2023.

Annual Cost:
· There were no new purchases of 40mm projectile launchers or munitions in 2023. · 40mm Launcher life span is 20 years, and 40mm munitions life span is 5 years. · Annual maintenance for the launchers is between $0 - $50.00 per unit.

Inventory:
· Twenty-six (26) Defense Technology 40mm Single Shot Launchers. · Four (4) Penn Arms 40mm Pump Multi-Launchers.
· Two hundred twenty-seven (227) Defense Technology 40mm Direct Impact Sponge Rounds.
· Eighty (80) Defense Technology 40mm Direct Impact OC Rounds. · Twenty-six (26) Defense Technology 40mm Direct Impact Marking Rounds. · Three (3) Defense Technology 40mm Direct Impact Inert Rounds.

Military Equipment Usage

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 136 of 2161 17 Unmanned, Remotely Piloted Powered Aerial Vehicles / System (UAS) The Indio Police Department purchased five (5) Unmanned Aircraft Systems in 2023, however there were no deployments of the UAS until January 2024. Therefore, there were zero (0) deployments from January 1, 2023, through December 31, 2023.

Authorized Usages:
· Conduct aerial searches for Missing Persons.
· Collection of evidence in the form of aerial photography / video in support of an investigation (i.e., traffic scenes, shooting scenes, homicide scenes). · Provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individual threatening violent behavior before potentially dangerous face-to-face contact is required.
· Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms).
· Community events for engagement and developing public trust.

Annual Cost and Maintenance:
· Annual software, programming, and maintenance estimated cost—$9,757.32 Inventory:
· One (1) Axon Air, DJI Mavic 3 Thermal SP Plus
· Two (2) Axon Air, DJI Mavic 3 Enterprise SP Plus
· Two (2) Axon Air DJI Mavic Mini 2
Life Span:
· Estimated Life Span is 3 –5 years.

Military Equipment Usage

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 137 of 2161 18 Planned Requests of Military Equipment for 2024
The Indio Police Department does not plan on purchasing any new items in 2024 which are listed under AB 481, Military Equipment.

Attachments
· Indio Police Department Policy #708—Military Equipment · Military Equipment Description and Cost
Planned Military Equipment Requests for 2024

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 138 of 2161 19 The acquisition and use of military equipment in our community may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment. When making decisions regarding how military equipment is funded, acquired, or used, the Indio Police Department gives strong consideration to the public’s welfare, safety, civil rights, and civil liberties.

In a continued effort for greater transparency, the Indio Police Department places high regard to meaningful public input in the use of military equipment in our community, in an effort to increase the safety of the public. Any member of the public can submit a question or concern regarding military equipment use by contacting Lieutenant Erik Longoria at [email protected]. The Department will strive to provide a timely response to the community’s questions and concerns regarding the use of military equipment.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it should be routed to a supervisor for proper documentation and investigation, in accordance with Indio Police Department Policy #1020 (Personnel Complaints).

Conclusion

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 139 of 2161 A. MILITARY USE EQUIPMENT

1. Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. (Desert Regional SWAT Asset) a. Description, quantity, capabilities, and purchase cost i. ICOR Technology Mini-CALIBER Robot, cost: $40,000, quantity: 1. Lightweight, modular and one-man portable, the Mini-CALIBER SWAT and EOD Robot is tested and recommended by the National Tactical Officers Association (NTOA). Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini-CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles. b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
Operators who have completed the required training shall be permitted to operate the robots.
d. Expected Lifespan 8-10 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $600 (Batteries replaced at 3-4 years).
f. Training
All robot operators receive training annually during SWAT training days. g. Legal and Procedural Rules
It is the policy of the IPD to utilize a robot only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for lawenforcement purposes. (Desert Regional SWAT Asset. Both armored vehicles are owned and maintained by the Palm Springs Police Department).

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 140 of 2161 a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, cost: $300,000, quantity: 1. The Lenco BearCat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for the rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. ii. LENCO BEAR, cost: $600,000, quantity: 1. The Lenco BEAR, is an armored vehicle that seats 16-18 personnel with an open floor plan that allows for the rescue of downed personnel. The Bear has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The Lenco BEAR features a heavy-duty hydraulic RAM mounted to the front of the vehicle. The removable RAM raises and lowers with interior controls and is capable of breaching doors, concrete barriers, and moving other large items. The RAM is a multi-purpose tool, which can also be equipped with a 360-degree camera system and a delivery system for nonlethal munitions. b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan
Lenco BearCat and BEAR, 25 years.
e. Fiscal Impact
None. Maintenance is handled through the City of Palm Springs. f. Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction. BEAR drivers are required to obtain a Class B driver's license prior to use.
g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes and pursuant to State and Federal law.

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 141 of 2161

3. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less-lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost: $1000, quantity: 26. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable ROGERS Super Stoc™ and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
ii. PENN ARMS, 40MM PUMP MULTI-LAUNCHER, #P540-1, cost: $3,000, quantity: 4.

Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile and used worldwide by police and corrections officers. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $29, quantity: 98. The eXact IMpact 40mm Sponge Round is a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, has velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $30, quantity:

80. The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. NOTE: The current 40mm OC munitions inventory is expired and is being retained in a secure location for training use only. v. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING, #6326, cost: $30, quantity: 26. The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground. NOTE: The current 40mm marking munitions inventory is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT INERT, #6323, cost: $30, quantity: 3. The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. The black-nosed inert munition is a great option for training. NOTE: The current 40mm inert munitions inventory is expired and is being retained in a secure location for training use only.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 142 of 2161 i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Defense Technology #1425 40mm Single Launcher- 20 years.

Penn Arms #P540-1 40mm Multi-Launcher- 25 years.

Defense Technology #6325 Exact Impact Sponge- 5 years.

Defense Technology #6320 Direct Impact OC- 5 years.

Defense Technology #6326 Direct Impact Marking- 5 years.

Defense Technology #6323 Direct Impact Inert- 5 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each launcher. Munitions need to be replaced at end of life (5-years) or as needed upon use.
f. Training
Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-certified less lethal and chemical agent instructors. g. Legal and Procedural Rules
Use is established under IPD Policy Section 308.6 and 308.9. It is the policy of the IPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

4. Combined Systems LC5 40MM Launching Cup: Cup that attaches to 12 gauge less-lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a. Description, quantity, capabilities, and purchase cost COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $315, quantity: 2. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition is launched with the Combined Systems model 2600 launching cartridge.

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 143 of 2161 b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Officers utilizing the launching cups are trained by POST-certified chemical agent instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308..6. It is the policy of the IPD to utilize the 40mm launching cups to deliver chemical agents and/or smoke only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

5. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $42, quantity:

36. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. The Flash-Bang exhibits all of the same attributes as its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. ii. COMBINED TACTICAL SYSTEMS, 7290-3 FLASH-BANG cost $109, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iii. COMBINED TACTICAL SYSTEMS, 7290-6 FLASH-BANG, cost $135, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iv. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost $146, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. v.

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 144 of 2161 b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Can also be used as an option when confronted by vicious animals. c. Authorized Use
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. During barricaded subject and/or hostage situations. iii. During high-risk warrant services.
iv. When discouraging dangerous animals from attacking
v. During riotous situations or to restore or maintain order during civil disturbances. vi. Circumstances wherein distraction of violent and/or emotionally disturbed persons and/or those under the influence of alcohol/drugs is believed necessary to facilitate apprehension/custody.
vii. Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
viii. During training exercises.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST-certified instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 415. It is the policy of the IPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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6. Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost i. AMERICAN DEFENSE MANUFACTURING AR-15, 5.56 CALIBER RIFLE, MODEL UIC MOD1, cost: $1,200, quantity: 53. Built on a billet aluminum, fully ambidextrous upper and lower receiver set, the ADM UIC MOD 1 is the Law Enforcement Duty Carbine of the UIC line. Barrel lengths vary and include 11.5”, 14.5”, and 16” barrels.

This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
ii. COLT M-4, .223 CALIBER RIFLE, MODEL LE6946CQB, cost: $1,400, quantity: 12.

The LE6946CQB displays fresh ingenuity with a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail which provides modularity for under mounting accessories. The patented one-piece monolithic upper receiver incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for longrange acquisition capability. This select-fire rifle is issued to SWAT operators assigned to the Desert Regional SWAT Team.
iii. BUSHMASTER M-4, .223 CALIBER RIFLE, MODEL XM15-E25, cost: $1,100, quantity: 11. One of Bushmaster’s most popular rifles, the Patrolman’s Carbine is equipped with a 16” M4 Barrel, with a chrome-lined bore and chamber. The A2 birdcage-type flash hider was built to control muzzle flash, and the six-position telestock allows for quick and lightweight handling. This model also includes an A3 removable carry handle with 1/2 MOA elevation and 1/2 MOA windage adjustments.

This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
iv. LWRC INTERNATIONAL MK12- 5.56mm cost: $2,500, quantity: 1. The Mk12 is equipped with an 18" Barrel, This firearm is gas-operated with a rotating bolt, along with a Surefire muzzle brake. It is equipped with a LaRue/Harris bipod (Quick-detach) & Surefire MINI suppressor and Geissele trigger. The rifle has a Magpul stock with a medium-range mission-specific optic. This rifle is primarily used in an overwatch capacity or during a SWAT callout to protect the community during large events. (City Parades, Music Festivals, SWAT. deployments).
v. REMINGTON .308 CALIBER RIFLE, MODEL 700, cost: $3,500, quantity 2. The Model 700 is a highly maneuverable member of the family. It's built for tack-driving accuracy with a 26" heavy-contour tactical-style barrel. It includes a bolt carrier group that reduces overall recoil and impulse and is easy to maintain and operate in all weather conditions. The rifle is equipped with a LaRue/Harris bipod, surplus sling, and a Leopold long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. vi. ACCURACY INTERNATIONAL .308 CALIBER RIFLE, cost $7,000, quantity 1. 28” barrel. The AI .308 caliber rifle is a precision sniper rifle. It is a highly accurate and durable rifle that is easy to maintain and operate in all weather conditions. The AI features a Bolt-Connection System that dramatically increases the connection surface area between the barrel and upper receiver for increased stability, accuracy and

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 146 of 2161 consistency, traditionally only found in high-end bolt action rifles. The rifle is equipped with a LaRue/Harris bipod, sling, and long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. NOTE: This rifle is owned by the Palm Springs Police Department.

However, it is currently being utilized by an Indio Police officer assigned to Desert Regional SWAT.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
American Defense Manufacturing rifles- 15 years.

Colt M-4 rifles- 10 years.

Bushmaster rifles- 15 years.

LWRC International rifles- 10 years.

Remington 700 rifles- 10 years.

Accuracy International rifle- 10 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each rifle. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification annually. Additional qualifications are in place for those assigned to Desert Regional SWAT. g. Legal and Procedural Rules
Use is established under IPD Policy Sections 300, 312 and 409. It is the policy of the IPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER GRENADE , PYRO, LOW FLAME POTENTIAL, #5230B, cost: $45, quantity: 18. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The Baffled Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Baffled Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Baffled Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure. ii. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230, cost: $34, quantity:

12. Large diameter burning grenade that discharges a high volume of smoke and

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 147 of 2161 chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazards. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.
iii. COMBINED TACTICAL SYSTEMS, WHITE SMOKE, #6210, cost: $32, quantity: 24.

White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.
iv. COMBINED SYSTEMS, 40MM CS POWDER BARRICADE PENETRATING ROUND, #4431, cost: $25, quantity: 24. This round is a spin-stabilized, 4.1” long, CS powder-filled projectile that penetrates intermediate barriers and delivers irritant agents into an adjacent room. Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier.

The greatest probability for penetration occurs when the projectile impacts 90° perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors. In a tactical deployment situation, the 40mm barricade penetrating round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. v. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082, cost: $29, quantity: 31. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through fourgas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to direct the route of a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, MILITARY STYLE SAF-SMOKE GRENADE, # 1063, cost $26, quantity: 8. The Saf-Smoke™ Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offers the same approximate burn times as the Spede-Heat™ Grenade in CN or CS and the Riot Control Grenade in CN or CS. The similar burn times may make it the appropriate choice for training or simulation deployment of chemical agent canisters. The SafSmoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
vii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - SAF-SMOKE, #1017, cost $28, quantity: 8. The Pocket Tactical Saf-Smoke™ Grenade is small and lightweight. TheSaf-Smoke™ will burn for approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current

Receive and File the 2023 Indio Police Department Annual Military Equipm... Page 148 of 2161 inventory of this item is expired and is being retained in a secure location for training use only.
viii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - CS, #1016, cost:
$24, quantity: 6. The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
ix. DEFENSE TECHNOLOGY, 37MM FERRET - CS, #1162, cost: $38, quantity: 12.

The Ferret® 37 mm CS Round is a frangible projectile filled with chemical agent.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travels at 650fps within an effective range of 50 yards. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. x. SABRE RED, PHANTOM AEROSOL GRENADE - OC, #AG-PTM-40 (MK-5), cost:
$13, quantity: 17. The SABRE Red 1.33% MC, 3.6 oz., MK-5 PHANTOM Evaporating Fog Delivery Aerosol Grenade empties in fourteen (14) seconds filling an area of 22,000 cubic feet in 60 seconds. PHANTOM’s evaporating fog delivery is more debilitating (inhalation effect) and simpler to clean up (fresh air) than traditional fog delivery systems, making PHANTOM the ideal extraction tool. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents or have been trained by a POST-Certified instructor are authorized to use chemical agents.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Sworn members utilizing chemical agent canisters are certified by POST less-lethal and chemical agents instructors. Desert Regional SWAT members conduct annual training for SWAT operators.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308. It is the policy of the IPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law

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8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost i. ROYAL ARMS REMINGTON 870 BREACHING SHOTGUN, cost: $795, quantity:

2. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon, which is only utilized for breaching, can also defeat windows and sliding glass doors with a flashbang round.
ii. ROYAL ARMS TESAR-2 BLACK CAP 425 GRAIN COPPER FRANGIBLE BREACHING ROUND, cost: $5 per round, quantity: 16. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. iii. ROYAL ARMS TESCR-3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, cost: $5 per round, quantity: 5. The round is fired from a breaching shotgun and is used to destroy all locks, cross-bolts and hinges. iv. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, cost: $5 per round, quantity: 5. The rounds are fired from a breaching shotgun and can be used as a diversionary round or to can be used to breach solid wood doors, light steel, sliders or car windows.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises.
d. Expected Lifespan
Breaching Shotgun- 25 years
Royal Arms TESAR-2 black cap 425 grain copper breaching round- 5 years Royal Arms TESR-3 green cap 375 grain clayvon frangible breaching round- 5 years

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Annual maintenance is minimal. However, replacement costs to maintain an adequate supply. f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. g. Legal and Procedural Rules
It is the policy of the IPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

9. Unmanned Aerial System (UAS) / Drones: An unmanned aircraft system of any type that can sustain direct flight, whether remotely controlled or via pre-programming, and all the attached systems designed for gathering information via photography, recording, or any other means. a. Description, quantity, capabilities, and purchase cost i. Axon Air DJI Mavic 3 Thermal SP Plus UAS, cost: $6,522.83, quantity: 1 ii. Axon Air DJI Mavic 3 Enterprise SP Plus UAS, cost: $8,608.65, quantity: 2 iii. Axon Air DJI Mavic Mini 2 UAS, cost: $1,409.40, quantity: 2 b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
i. Conduct aerial searches for Missing Persons.
ii. Collection of evidence in the form of aerial photography / video in support of an investigation (i.e., traffic scenes, shooting scenes, homicide scenes). iii. Provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individual threatening violent behavior before potentially dangerous face-to-face contact is required.
iv. Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement. v. Gain visual/audio data, deliver crisis negotiation phone, open doors, and remotely clear buildings and structures.
vi. Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms).
vii. Community events for engagement and developing public trust. d. Expected Lifespan
3-5 years.
e. Fiscal Impact
Annual software, programming, and maintenance is approximately $9,757.32. f. Training
All department UAS operators are licensed by the Federal Aviation Administration for UAS operation after the completion of an 80-hour training course. In addition, department UAS operators conduct routine monthly training.
g. Legal and Procedural Rules
The use of this equipment shall comply with the authorizations and prohibitions set forth in IPD Policy 614 Unmanned Aerial Systems UAS Operations and FAA Regulation 14 CFR Part 107 Small Unmanned Aircraft Systems.

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Policy lndio Police Department
lndio PD Policy Manual
ia let
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use, and reporting requirements of specified law enforcement equipment that has been designated as "military equipment" pursuant to Government Code Section 7170, whether such equipment is existing or is to be acquired in the future. In addition, this policy is provided to fulfill the obligations set forth in Assembly BillNo. 481 (Government Code Sections 7070 through 7075).

These obligations include, but are not limitedto, seeking approval on specified military equipment and requirements related to compliance, annual reporting, cataloging and complaints regarding these items. (See. Government Code §§ 7070, 7071, 7072, 7074 and 7075). 708.1.1 POLICY
Members of the Department shall comply with the provisions of this Policy with respect to the use of the Department's military equipment as described herein. 708.2 DEFINITIONS
Definitions related to this policy include:

1. Chief of Police - The Chief of Police shall mean the City of lndio Chief of Police and his designee.

2. Department - Department shall mean the lndio Police Department.

3. Governing Body — The Governing Body shall mean the lndio City Council who is the elected body that oversees the lndio Police Department.

4. Military Equipment — Military Equipment shall mean the equipment defined in Government Code Section 7070(c)(1) through (c)(16) to include:
a. Unmanned, remotely piloted, powered aerial or ground vehicles. b. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. c. High mobility multipurpose wheeled vehicles (HMMWV),two-and-one-half—tontrucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. d. Tracked armored vehicles that provide ballisticprotection to their occupants and utilizea tracked system instead of wheels for fonNard motion.
e. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
f. Weaponized aircraft, vessels or vehicles of any kind.

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Military Equipment
708.3 APPROVAL OF POLICY BY GOVERNING BODY

1. The Chief of Police shall obtain approval from the governing body, by way of ordinance, the adoption of the MilitaryEquipment Policy prior to engaging in any of the following activities:
a. Requesting military equipment be made available pursuant to Section 2576a of Title 10 of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to general order. f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

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g. Battering rams, slugs, and breaching apparatuses that are explosive in nature. h. Firearms of.50 caliber or greater, excluding standard issue shotguns. i. Ammunition of.50 caliber or greater, excluding standard issue shotgun ammunition. j. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the California Penal Code, excluding standard issue service weapons and ammunition of less than.50 caliber. k. Any firearm or firearm accessory that is designed to launch explosive projectiles. l. Flashbang grenades and explosive breaching tools, tear gas and pepper balls, excluding standard issued handheld pepper spray.
m. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device. n. 40mm projectile launchers, bean bag, rubber bullet, and specialty impact munition weapons.

0. Any other equipment as determined by a governing body to require additional oversight.

Military equipment does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

See attachment: Addendum A - Military equipment policy Final PDF 031122.pdf

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2. In seeking the approval of the Military Equipment Policy by the governing body, the Chief of Police shall submit a proposed Military Equipment Policy and or any subsequent amendments, to the City Council. The policy or any amendments shall also be made available to the public by posting those documents on the City of lndio Police Department internet website at least 30 days prior to any public hearing concerning the military equipment at issue. The Chief of Police shall submit the Military Equipment Policy annually to the governing body pursuant to procedures set forth in Government Code Section 7071.
708.4 MILITARYEQUIPMENT USE CONSIDERATIONS

1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
708.5 ANNUAL MILITARYEQUIPMENT REPORT

1. Within one year of the approval of this MilitaryEquipment Policy, the Department shall submit a military equipment report to the Governing Body that addresses each type of approved military equipment, and annually thereafter for as long as the military equipment is available for use by the Department.

2. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use by the Department.

3. The annual militaryequipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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e. The quantity possessed for each type of military equipment. f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

4. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department's funding, acquisition, or use of military equipment.
708.6 MILITARYEQUIPMENT INVENTORY INCLUDINGEQUIPMENT TYPE AND USAGE

GUIDELINES

1. The Department's inventory of qualifying Military Equipment is set forth in Attachment A and includes the various types, descriptions and guidelines for its usage in compliance with Government Code Section 7070(d) in addition to guidelines set forth in paragraph (2) below.

2. The Department's inventory of military equipment is varied and the mere possession of the equipment does not warrant its use for every incident. The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wideranging, it is not all-inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander, influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time, will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. 708.7 OVERSIGHT REGARDING DEPARTMENTCOMPLIANCE
The Department SWAT TEAM Lieutenant (designated military equipment coordinator) wil l
ensure that all Department members comply with this policy and any individual Department policies as applicable. The Department SWAT TEAMLieutenant willconduct an annual audit wit h
the assistance of the Training Unit. The Chief of Police will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Department Personnel Complaints Policy. Allinstances of noncompliance will be reported to City Council via the annual military equipment report.

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708.8 MILITARYEQUIPMENTCOMPLAINTS AND INQUIRIES

1. Any member ofthe public can register a question or concern regarding military equipment use by contacting the lndio Police Department's military equipment coordinator via https://www.indio.org/ your_government/policel. A response to the question or concern shall be completed by the Department in a timely manner.

2. Any member of the public can submit a complaint regarding military equipment use to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it will be routed to the military equipment coordinator in accordance with our Personnel Complaints policy. A response to the question or concern shall be completed by the military equipment coordinator within 20 business days absent any extraordinary circumstances.
708.9 FUNDING

1. The Department shall seek council approval for military equipment, including. but not limitedto, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

2. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. In such cases, the Department shall obtain council approval as soon as practicable.
708.10 MILITARYEQUIPMENT COORDINATOR
The Chief of Police should designate a member of the lndio Police Department to act as the Military Equipment Coordinator. The responsibilities of the military equipment coordinator include but are not limitedto:
a. Acting as liaison to the governing body (lndio City Council) for matters related to the requirements of this policy.
b. Identifying lndio Police Department equipment that qualifies as military equipment in the current possession of the lndio Police Department or IPD Desert Regional SWAT Team, or the equipment the lndio Police Department intends to acquire that requires approval by the lndio City Council.
c. Conducting an inventory of all military equipment at least annually. d. Collaborating with any allied agency that may use military equipment within the jurisdiction of lndio Police Department (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement MilitaryEquipment Copyright Lexipol, LLC 202205/19, AllRights Reserved - 628 Published with permission by India Police Department

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meeting to include: (i) Publicizing the details of the meeting; (ii) Preparing for public questions regarding the department's funding, acquisition, and use of equipment. '
f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Indio Police Department website (Government Code § 7072).

9. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the lndio Police Department willrespond in a timely manner.
708.11 COORDINATIONWITH OTHER JURISDICTIONS
Through the Association of Riverside County Chiefs of Police and Sheriff‘s (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military Equipment policy related to any enforcement action throughout Riverside County.

Military equipment used by any member of this Department shall be approved for use and in accordance with this MilitaryEquipment Policy. Militaryequipment used by other jurisdictionsthat are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. The Riverside Sheriff's Department frequently operates in the city of lndio in various capacities.
708.12 COMMUNITYENGAGEMENT
Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department military equipment coordinator shall discuss the report and respond to public questions regarding the annual report and the Department's funding, acquisition, or use of military equipment.
708.13 MAINTENANCEOF MILITARYUSE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.

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City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Professional Services Agreement with Mark Garcia for Law Enforcement Consulting Services for a total not to exceed $125,000.

RECOMMENDATION:

Approve the Professional Services Agreement with Mark Garcia for Law Enforcement Consulting Services for a total not to exceed $125,000.

SUMMARY:

Staff is recommending approval of the Professional Services Agreement with Mark Garcia, a retired police chief, to provide as-needed consulting services to the Indio Police Department. Under the direction of the Chief of Police, the agreement aims to develop and recommend strategies to improve procedures, standards, and overall efficiency of the Indio Police Department while offering flexibility for other related services as needed.

BACKGROUND INFORMATION:

Mark A. Garcia served in law enforcement for 31 years. Chief Garcia’s is Director of Influence and Development for the National Command and Staff College and serves as Executive Director for the Josephson Institute’s Exemplary Policing Initiative. Chief Garcia’s passion for character-based leadership development led to starting Blue Virtue Leadership. He has taught hundreds of law enforcement professionals how to develop their leadership capacity, how to build character, how to enhance organizational culture, how to make a Virtue Based Policing structure, how to create organizational ethics programs, Service Oriented Leadership and Strategic and Tactical Decision Making.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0.00 In current year budget: No
Current FY General
Fund Impact:
$0.00 Budget adjustment: No
Next FY Financial
Impact:
$125,000 Strategic Objective: Public Safety
Source of funds: Fund 221 Enhancing Law
Enforcement Services SubAccount (ELEAS)
Fund-Org-Object
Reference:
221 521064
AGENDA ITEM #8.7
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The Police Department is proposing to use Fund 221 Enhancing Law Enforcement Services SubAccount, a non-General Fund special revenue account.

ATTACHMENTS:

Attachment 1: PSA with Mark Garcia
APPROVAL(S):

Brian Tully, Chief of Police Approved - 29 May 2024
Jennifer A. Mizrahi, Assistant City Attorney Approved - 29 May 2024 Ruby D. Walla, Director of Finance Approved - 30 May 2024 Bryan H. Montgomery, City Manager Approved - 30 May 2024

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION
AND

MARK GARCIA,

A SOLE PROPRIETOR
Form Approved 09/01/2022

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PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTING SERVICES

BETWEEN THE CITY OF INDIO AND MARK GARCIA
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day of June, 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Mark Garcia, (“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. City has sought by direct contract the performance of consulting services to the Indio Police Department, 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 June 30, 2025, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

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

SECTION 2. 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 expenses, shall not exceed $125,000, 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 accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to 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.

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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth 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 independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of 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. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. 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 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,

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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, studies, 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 desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant 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 be 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.

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(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address 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 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 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 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 officers, 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 in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other

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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 conflict 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 necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates 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 form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" 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.

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

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under

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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 admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and 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 by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’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 in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain

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such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

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

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

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’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.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “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.

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(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 incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” 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. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’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.

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Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant.

Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: Mark Garcia
35956 Leah lane
Yucaipa, CA 92399
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 additional funds,

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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 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 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.

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

SECTION 34. INCORPORATION 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 conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and 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.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR CONSULTING SERVICES

BETWEEN THE CITY OF INDIO AND MARK GARCIA
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: ____________________________

CONSULTANT
By:

Its:

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES
The Consultant’s shall provide the City with consulting services as directed by the City on an as-needed basis. The scope of services shall include, but not be limited to the following:

A. Develop and recommend implementation strategies of department policies, goals, objectives, procedures, and performance standards.

B. Plan, organize, coordinate, and advise through subordinate staff all departmental functions including patrol, investigations, police communications, community and administrative services, and code compliance.

C. Recommend assignment of personnel among shifts; review shift activities and make appropriate resource recommendations.

D. Perform other related services as needed by the Chief of Police.

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION
The City agrees to pay Consultant an hourly rate of One Hundred Sixty-Five Dollars and Zeo Cents ($165.00) per hour and a monthly vehicle stipend in the amount of Five Hundred Dollars and Zero Cents ($500), for a total not to exceed amount of One Hundred Twenty-Five Thousand and Zero Cents ($125,000).

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Addendum 1 - Insurance
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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 contractual 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

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Addendum 1 - Insurance
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coverages set forth above, including 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 Consultant furnish City with copies of original endorsements effecting 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. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, 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 officers, 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 Consultant shall be primary and any insurance or self-insurance procured or maintained by 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

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Addendum 1 - Insurance
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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the 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 City and its officers, officials, employees, and 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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Addendum 2 – Federal Funds
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ADDENDUM “2"

FEDERAL FUNDS

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Addendum 3 – REPRESENATIONS AND ACKNOWLEDGEMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF CONSULTANT
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ADDENDUM “3"

REPRESENATIONS AND ACKNOWLEDGEMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF CONSULTANT
(A) Consultant represents and acknowledges the following:

1. The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.

2. Performance of the services described in this Agreement does not have to be integrated into the daily Business operations of the City.

3. The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities.

4. Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

5. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.

6. Consultant shall not any time or in any manner represent that it or ay of its officers, employees, or agents are employees of the City.

7. Consultant customarily engages in an independently established trade, occupation, or business of the same nature as the work to be performed for the City. (B) The City represents and Acknowledges the following:

1. Consultant is not required to comply with daily instructions from City staff with respect to when, where, and how Consultant must perform the services set forth in this Agreement.

2. Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.

3. The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.

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Addendum 3 – REPRESENATIONS AND ACKNOWLEDGEMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF CONSULTANT
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4. Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

5. It is the Sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.

6. Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

7. Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.

8. Nothing in this Agreement shall be interpreted to precluded Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

9. Consultant is not required to perform the Services at City-owned property.

10. Consultant will perform services that are outside the usual course of the City’s business.

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Addendum 4 – CIVIL CODE SECTION 1542 WAIVER
Page | 1
ADDENDUM “4"
CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
___________
Initials

Professional Services Agreement with Mark Garcia for Law Enforcement Con... Page 185 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Second Reading of Ordinance No. 1811, an Ordinance of the City Council of the City of Indio, California, Adding Chapter 133 to the Indio Municipal Code Related to Catalytic Converters
RECOMMENDATION:

Approve Second Reading and Adoption of Ordinance No. 1811, an Ordinance of the City Council of the City of Indio, California, Adding Chapter 133 to the Indio Municipal Code Related to Catalytic Converters
SUMMARY:

Catalytic converter thefts have been a significant issue in many parts of California, including Riverside County and the City of Indio. The main reasons behind this trend, and the challenges local jurisdictions face, include: Valuable Metals: Catalytic converters contain precious metals like platinum, palladium, and rhodium, which can fetch a high price when sold as scrap metal. As the prices of these metals have risen on global markets, so has the incentive to steal the devices. Easy to Remove: With the right equipment, thieves can quickly remove a catalytic converter from the underside of a vehicle, often in under a few minutes. This speed makes it challenging for law enforcement or witnesses to catch thieves in the act. Lack of Identification: Catalytic converters are not typically marked with a vehicle identification number (VIN) or another unique identifier, making them hard to trace back to a specific vehicle. This lack of traceability makes it difficult for law enforcement to prove a specific converter was stolen or to return recovered converters to their rightful owners. Resale Market: There's a thriving resale market for stolen catalytic converters, both domestically and internationally. Unscrupulous scrap metal dealers might not ask questions about the origins of the converters, making it easier for thieves to sell them. Limited Law Enforcement Ability: The rapid nature of the thefts and the challenges in tracking stolen converters further complicate enforcement efforts. Vehicle Vulnerability: Some vehicle models are more susceptible to catalytic converter theft due to their design. For instance, trucks and SUVs are often targeted because their higher clearance makes it easier for thieves to get underneath. Owners of these vehicles are, therefore, at a heightened risk. Public Awareness: While the issue has received attention, many vehicle owners might not be aware of the risk or the preventative measures they can take to protect their vehicles such as etching their catalytic converters to aid in identification. To combat this growing problem, the County of Riverside has adopted a new ordinance prohibiting the unlawful possession of catalytic converters. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the County and to provide local law enforcement with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. The City of Indio may consider adopting this ordering locally to ensure that there is uniformity of enforcement across jurisdictions.

AGENDA ITEM #8.8
Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 186 of 2161 ATTACHMENTS:

Attachment 1 - Ordinance No. 1811: Catalytic Ordinance
Attachment 2 - Ordinance Exhibit A

Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 187 of 2161 ORDINANCE NO. 1811

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADDING CHAPTER 133 TO THE INDIO MUNICIPAL CODE RELATED TO

CATALYTIC CONVERTERS
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. MUNICIPAL CODE AMENDMENT – CHAPTER 133
Chapter 133 of the Indio Municipal Code is hereby added to read as provided in the attached Exhibit A.

Section 2. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days following its adoption.

Section 4. PUBLICATION AND POSTING. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

Section 5. CEQA. The City Council has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act because it can be seen with certainty that the adoption of this Ordinance will have no effect on the environment.

PASSED APPROVED AND ADOPTED this ________ day of _____________, 2024. ___________________________________
Lupe Ramos Amith, Mayor
ATTEST:
____________________________
Sabdi Sanchez, CMC

Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 188 of 2161 City Clerk Administrator

Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 189 of 2161 Exhibit “A”
Chapter 133
Unlawful Possession of a Catalytic Converter
133.010 Findings and Purpose.
133.020 Definitions.
133.030 Unlawful Possession of a Catalytic Converter.
133.040 Violation and Enforcement.
133.010 Findings and Purpose.

The City Council of Indio finds that the theft of catalytic converters has been an increasing problem in Indio in recent years. In Riverside County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City, in conjunction with the County of Riverside and other surrounding cities, a means to protect the public, deter this criminal activity and promote a more productive use of Indio resources. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. 133.020 Definitions.

As used in this ordinance, the following terms shall have the following meanings:
(a) “Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.
(b) “City” means the City of Indio.
(c) “Council” means the City Council of Indio.
(d) “Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 190 of 2161

1. Bill of sale from the original owner with photographs.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated.

5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner.
(e) Lawful Possession. This term includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an Unlawful Possession.
(f) Enforcement Officer. The Sheriff, the City Manager, Code Enforcement, or Building Official, and any of their designees.
133.030 Unlawful Possession of a Catalytic Converter.

Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached and an operable part of a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter. (a) This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
(b) It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.
(c) Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
133.040 Violation and Enforcement.

Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 191 of 2161 (a) Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year. The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter 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 a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this Code within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(b) State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters. (c) Administrative Citations. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an administrative citation in the manner described in Chapter 12 of this Code.

Second Reading of Ordinance No. 1811 , an Ordinance of the City Council ... Page 192 of 2161 City of Indio
City Council
June 5, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Agreement for Professional Services with Dudek for Annexation Services for a not-to-exceed amount of $447,500 for Phase I Annexation Planning Services for the East Indio Employment Corridor
RECOMMENDATION:

Approve the Agreement for Professional Services with Dudek for a not-to-exceed amount of $447,500 for Phase I Annexation Planning Services for the East Indio Employment Corridor SUMMARY:

Professional Services Agreement with Dudek for the provision of certain annexation planning services to support a future application to Riverside LAFCO for the annexation of the Eastern Sphere for future development of employment oriented industrial corridor BACKGROUND INFORMATION:

The City Council adopted the General Plan 2040 on September 18, 2019. As part of this adoption, the City Council established different Spheres of Influence outside of the existing municipal limits.

California Government Code Section 56076 defines “Sphere of influence as meaning a plan for the probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission".

The General Plan 2040 identifies various subareas within and outside the current city limits. One of these subareas is called the Eastern Sphere. This area is at the extreme eastern edge of the City and is approximately 3,300 acres or approximately 5.19 miles in size. During the development of the General Plan 2040, this area was identified as one of the City's Sphere of Influences that could be annexed in the future, however, no pre-planning was done for this area in terms of establishing one or more General Plan land use designations and an an associated zoning district designation (s).

Currently, the City has approximately 519 acres of industrially zoned land in the City. This figure represents approximately 1.6 percent of the total number of parcels in the City and is less than one square mile (approximately 81 percent) of the 33 square miles comprising the City. significant portion of this land has already been consumed for businesses. Because of the limited industrial land supply in the City, the City's ability to attract employment generating manufacturing, light industrial and logistics oriented land uses is made more difficult. While there may be options to convert non-industrial land (e.g. commercial retail oriented land) to industrial zoned land, these instances are usually driven by private property owners and as such, there is uncertainty as to when and if this modification in zoning might occur.

AGENDA ITEM #8.9
Agreement for Professional Services with Dudek for Annexation Services f... Page 193 of 2161 As noted earlier, the Eastern Sphere is approximately 3,300 acres or approximately 5.19 miles in size.

This large area represents a significant opportunity for the City to create a significant industrially focused employment corridor in the City that may also be supported by on a limited basis higher density residential and commercial retail land uses. While the actual amount of area that could be available for an industrial oriented employment corridor will have to be determined through detailed analysis of land use, transportation and environmental constraints, there is a significant possibility that the Eastern Sphere could generate substantive local employment opportunities for Indio residents that would help diversify the City's economic base. This, in turn, could significantly reduce the outflow of Indio resident workers to other communities - estimated by the Coachella Valley Economic Partnership at approximately 83 percent of these workers - that would directly and positively benefit the City's revenue generation opportunities through increased sales tax generation, property tax generation and other forms of revenue generation include gasoline taxes.

The General Plan 2040 establishes goals and policies to support the long-term growth and diversification of the City's industrial land base to increase the balance of land uses within the City and to enhance the jobs to housing balance in the City. Below are excerpts from the General Plan 2040 that address these goals and policies:

Excerpts from Chapter 5 (Economic Development) of General Plan 2040:

The economic development element provides a set of goals, policies, and actions that are geared towards promoting sustainable, fair, and equitable economic growth in the City of Indio, diversifying the local economy, and improving overall quality of life. The economic strategies are intended to increase prosperity for Indio’s residents and businesses and stimulate economic investment in the community. Indio’s economic success depends on offering a variety of employment opportunities, maintaining and attracting high-quality residential projects and businesses, increasing tourism activity, promoting Indio’s image as a safe and desirable place. This Element includes goals and policies that support a dynamic economic foundation for Indio that is capable of adapting to the ever-changing needs of the modern economy and conditions in the Coachella Valley.

Goal ED-2: Employment Base. A growing employment base with a diversity of job opportunities for current and future residents.

Goal ED-3: Workforce Development. A City with a highly-educated, skilled, and adaptable workforce that is growing.

Goal ED-8: Jobs-Housing Balance. A City that grows with a balance of jobs and housingto meet the needs of current and future residents.

ED-2.1 Business Development Opportunities. Identify business development opportunities that will increase the number of professional and technical jobs as well as increase skill and wage levels. Emphasis should be placed on development opportunities that diversify the local economy.

ED-2.4 Industrial Growth. Support the retention and growth of the industrial and manufacturing sector and actively attract new industrial businesses.

ED-2.6 Attract Livable Wages. Continue to purse and attract companies and industries who offer livable wages and medical benefits for employees in Indio.

ED-3.1 Economic Development and Labor Pool Alignment. Align economic development efforts with the labor pool to increase the number of jobs filled by Indio residents.

Agreement for Professional Services with Dudek for Annexation Services f... Page 194 of 2161 Excerpts from Chapter 3 (Land Use and Urban Design) of General Plan 2040:

Goal LU-1: Citywide Urban Structure. An urban structure that enhances the quality of life of residents, meets the community’s vision for the future, and weaves new growth areas together with established Indio neighborhoods.

LU-1 Policies
LU-1.1 Overall city structure. Establish a clearly defined City structure by:
 • Maintaining the I-10 Employment Corridor subarea as a critical economic engine for the City.

LU-2.2 Balanced land uses. Maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opportunities, educational and cultural institutions, entertainment spaces, and other supportive uses and within long-established Indio neighborhoods and new growth areas.

Goal LU-10. Workplace and Employment Districts. Employment-oriented districts provide space for industrial, manufacturing, office, and research and development in order to increase access to jobs and enhance the fiscal stability of the City.

LU-10 Policies
LU-10.1 Design of employment districts. Design Workplace and Employment Districts to be urban in character with compact buildings sited at or near front lot lines, provide a high percentage of lot coverage, and building facades and entrances directly facing the street.

Buildings should have a high degree of transparency and visibility. Parking lots and large setbacks shall not dominate the frontage of the Workplace and Employment Districts.

LU-10.2 Emerging industries. Support a diverse mix of light industrial, information, maker, and technology uses in order to provide jobs and tax revenues for the community by allowing emerging economic uses and industries within the Workplace and Employment designation.

Local Agency Formation Commissions (LAFCOs) are state-mandated regulatory agencies established by the Legislature in 1963. LAFCOs were created to help implement State policy of encouraging orderly growth and development through the regulation of local public agency boundaries. This daunting task requires each Commission to balance the development required for a growing population with the competing State interests of discouraging urban sprawl, preserving agricultural resources and open space and extending government services efficiently. Each of California’s 58 counties has a LAFCO, however, they are independent of county government.

Riverside LAFCO generally has jurisdiction over changes in boundaries of local agencies (cities and special districts) within Riverside County. LAFCO has both regulatory and planning functions. On the regulatory side, it carries out its legislative mandate through the consideration of proposals for boundary changes. Boundary change proposals are also known as “changes of organization”. When a proposal includes more than one change of organization, it is called a “reorganization”. These proposals can be initiated by petition of landowners or voters or adoption of a resolution by one or more affected agencies. The most common type of boundary change is an annexation (addition of territory) to a local agency, such as a city or a water district.

Agreement for Professional Services with Dudek for Annexation Services f... Page 195 of 2161 Riverside LAFCO requires the preparation and submittal of detailed information to support annexation requests. This information includes but is not limited to: a) Plan of Services: The Plan of Services is the keystone of the proposal. The Plan must identify in detail how and when services will be provided and funded. Section C includes the standards for preparation of such plans. Submit unbound copies only; b) Boundary Description and GIS Digital Data Submittal: With few exceptions, each proposal must include a metes and bounds legal description and associated map prepared to specific standards of LAFCO and the State Board of Equalization. Boundary descriptions must be reviewed and approved by the Riverside County Survey Division. Refer to Section D for specific boundary description standards and who may prepare them. Additionally, Riverside LAFCO is requiring the submission of GIS/ESRI shapefiles with applications that include a proposed boundary change. Refer to this section for specified GIS standards and requirements; c) CEQA COMPLIANCE: Commission actions are subject to review under the California Environmental Quality Act. Section E describes the responsibility of the proponent/subject agency. Submit unbound copies only; and Fiscal Impact Report: For applications for annexation into a city, where the proposal has a land area greater than 100 acres, a fiscal analysis is required as part of the application. One unbound copy of the analysis must be submitted. Please see Section F for additional details about the required fiscal analysis.

To assist the City in preparing a comprehensive and successful annexation application, staff has identified Dudek to have the requisite qualifications, skills and experiences. In addition, Dudek has performed other services for the City including but not limited to preparation of the Housing Element Update, Consolidated Plan Update and Transformative Climate Communities Plan that have given it considerable knowledge and awareness of the City that will allow it to more efficiently developed required annexation application materials and effectively assist the City in obtaining needed LAFCO approval as well as build a strong vision and foundation for the long-term development of the East Indio Employment Corridor. Because of the amount of work required for this effort, staff has worked with Dudek to develop a phased scope of work over the next two fiscal years. The City Council will only be considering a professional services agreement for Phase I Annexation Planning Services that will start in the current fiscal year and continue through Fiscal Year 2024/2025. Staff anticipates presenting a separate scope of work and budget for needed Phase II as part of the Fiscal Year 2025/2026 budget approval process.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$10,000 In current year budget: Yes
Current FY General
Fund Impact:
$10,000 Budget adjustment: No
Next FY Financial
Impact:
$437,500 Strategic Objective: Business & Job Growth
Source of funds: General Fund - NonDepartmentalFund-Org-Object Reference:
1011190-521064
ATTACHMENTS:

Attachment1_Phase1AnnexationPlanningServicesProposal_Dudek Attachment2_EasternSphereAnnexationArea_Map
Attachment3_RiversideLAFCO_ApplicationPacket
Attachment4_CityofIndio_GeneralPlanLandUseMap
Attachment5_SubareasEasternSphereMap+Description
Attachment6_Chapter5_GP_EconomicDevelopment

Agreement for Professional Services with Dudek for Annexation Services f... Page 196 of 2161 Attachment7_Chapter3_GP_LandUseUrbanDesign
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 28 May 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 28 May 2024 Alan Garcia, Accountant Approved - 28 May 2024
Bryan H. Montgomery, City Manager Approved - 29 May 2024

Agreement for Professional Services with Dudek for Annexation Services f... Page 197 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-1 Cover Letter
May 21, 2024
Kevin Snyder, AICP
Community Development Director
City of Indio
100 Civic Center Mall
Indio, CA 92201
Subject: Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio Dear Mr. Snyder:

Dudek is pleased to submit this proposal to assist the City of Indio to provide the enclosed work program for planning and consulting services for the East Indio Employment Corridor Project (Project) within the City of Indio’s existing Sphere of Influence.

Sincerely,
__________________________________
Asha Bleier
Practice Director – Planning & Urban Design
Asha Bleier is authorized to sign on behalf of Dudek.

Agreement for Professional Services with Dudek for Annexation Services f... Page 198 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-2 Project Understanding/Approach
Dudek understands that the City of Indio (City) is interested in analyzing and annexing approximately 3,320 acres of unincorporated County of Riverside land into its city boundary. The potential annexed land includes the City’s existing sphere of influence known as the Eastern Sphere according to the City’s General Plan and will be referenced as the “Project Area”. The Project Area is largely passive open space, with a limited amount of existing commercial development and resource extraction. While no construction or other development is currently proposed by the City or private development with this annexation request, the City’s ultimate stated goal is to increase its economic base. Through this project, the City seeks to understand the potential land uses for the Project Area through a market analysis, environmental constraints analysis, and a series of planning activities.

A major component of this project includes strategic, early, and consistent engagement with interested parties (such as property owners, service providers, and business owners) as well as decision-makers. Understanding that this project entails long-range planning efforts, City staff and the project team understand that the project must consider the City’s changing needs and priorities. Community engagement must be thoughtful, meaningful, and effective in communicating stated goals and objectives.

Dudek's teaming partners for this effort include CV Strategies, Pro Forma Advisors, and Intersecting Metrics. Each partner brings a specific technical expertise that complements Dudek’s in-house capabilities in addition to local presence. For the purposes of this proposal, the term “project team” refers to Dudek and their teaming partners.

We understand that phasing the work will be critical due to the nature of the project. Dudek has organized the enclosed scope of work into two distinct phases that are structured around fiscal years as listed below:
x Phase 1 – Fiscal Year (FY) 2024-2025. During Phase 1, the project team will focus on understanding opportunities and constraints to developing the Project Area, as well as developing conceptual scenarios.

Engagement and coordination with a variety of interested parties, a Technical Advisory Committee (TAC), Riverside Local Agency Formation Commission (LAFCO), the public, and the City Council and Planning Commission will be integral to inform the project and support general buy-in. Phase 1 will conclude with a draft proposed concept that will be shared with the various bodies noted above and refined during Phase 2 (see below). Findings from Phase 1 will result in substantive information that will enable City Staff and decision-makers to make critical decisions to advance the project forward in Phase 2. x Phase 2 – Fiscal Year (FY) 2025-2026. During Phase 2, the project team will refine and finalize the proposed concept based on input the various bodies notes in Phase 1. The project team will then develop the infrastructure plan to support the proposed concept, as well as the fiscal impact report. In addition, the project team will focus on filling out the LAFCO annexation/reorganization application and conducting the required CEQA analysis. The enclosed scope of work notes that there are two potential avenues for the CEQA document: 1) an Addendum to the General Plan EIR or 2) a Supplemental EIR also tiering from the General Plan EIR, which will be determined based on the findings from Phase 1. Ongoing engagement and coordination with various bodies will be integral to Phase 2 to continue to inform the project and support general buy-in that will in turn support the project approvals process.

The enclosed proposal includes a scope of work for the entire project (Phase 1 and Phase 2). Please note that a cost estimate is provided for Phase 1 only at this time because based on the results of the Phase 1 effort, there may be modifications necessary to the Phase 2 scope of work. Any refinements or revisions to the Phase 2 scope of work along

Agreement for Professional Services with Dudek for Annexation Services f... Page 199 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-3 with the associated budget for Phase 2 will be provided after the completion of Phase 1 and prior to the Fiscal Year 25/25 budget consideration process.

Phase 1 (FY 2024-2025)
Task 1 Project Management
Laurie Grover will serve as the day-to-day project manager (PM) and primary point of contact throughout the duration of the project. Dudek’s approach to project management includes clear and timely communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls, and risk management. Dudek prides itself on integrating a fundamental focus on high-quality work and meeting both client and project goals and objectives.
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Ms. Grover and key Dudek staff (such as technical staff), will lead bi-weekly half-hour (30 minutes) virtual meetings with City staff, to a maximum of 30 meetings for Phase 1 of the project, aligned with the City’s Fiscal Year (FY) 2024-2025. The meetings will ensure objectives and milestones are being achieved during this timeframe. For these meetings, Dudek will prepare agendas with input from City staff. Meeting minutes will be taken during meetings and provided to the project team with next steps and action items outlined for both Dudek and the City as needed.

In the event unanticipated complexities or new components arise resulting in the protraction of the schedule or need for additional solutions meetings, additional scope and fee would be negotiated. d^<ϭ͘Ϯ</<K&&D

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Within thirty (30) days of the execution of the contract, Dudek will work with the City to schedule an in-person kickoff meeting and site visit. The purpose of the kickoff meeting is to align expectations, share aspirations, establish relationships, discuss existing information and information gaps, and set the outreach strategy up for success. The kickoff meeting will introduce key team members and clarify roles, lines of communication, and review processes as well as a review of the scope of work and the high-level schedule. The kickoff meeting will also include a discussion on data needs (See Task 1.3 Data Needs). Dudek will request all relevant information pertaining to the site at the kickoff meeting.

The kickoff meeting will also serve as a working meeting and will involve key City staff members including the Community Development Director, City Manager’s office, Public Works, and Economic Development staff and will help identify major milestones and project considerations. Dudek will prepare a meeting agenda and include any items requested by the City.
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Dudek will compile a list of data required to conduct various analyses in subsequent tasks and present a consolidated list to the City. The City will work with Dudek to request data from various entities, including internal

Agreement for Professional Services with Dudek for Annexation Services f... Page 200 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-4 City departments, County of Riverside (County), and outside agencies. Data needs may include but are not limited to:
x Various Geographic Information Systems (GIS) data
x Assessor Parcel Data
x Utility Provider Contact Information, such as Coachella Valley Water District (CVWD), Indio Water Authority (City of Indio), and Valley Sanitary District (VSD), and others. x Relevant planning documents and studies, including City of Indio, County of Riverside, Coachella Valley Associated Governments (CVAG), and Southern California Association of Governments (SCAG). x City and County recent fiscal analyses, budgets, tax data, etc.

Deliverables/Assumptions:
ƒ Attendance at kickoff meeting and site visit materials including agenda, draft schedule, presentation, minutes, and action items.
ƒ Up to 30 half-hour (30 minute) biweekly meetings.
ƒ Consolidated data needs request.
ƒ Monthly invoices.

Task 2 Desktop Opportunities and Constraints Analysis
The purpose of Task 2 is to provide a high-level overview of the Project Area and identify baseline conditions, as well as key opportunities and constraints. The outcome of Task 2 will enable Dudek to distinguish key assets and potential issues early in the process, which in turn, will help inform the City of areas best suited for development.

The analysis will look at the environment from a holistic perspective, taking into consideration natural resources and infrastructure, for example. For natural resources, Dudek will examine map-based data focused on biological, archaeological, tribal, paleontological, mineral, hydrological, and geological constraints. From an infrastructure perspective, topics including roadways, water and wastewater utilities, and power will be analyzed.

The findings that emerge from this analysis will be summarized in a compiled report with identified opportunities and constraints for the City’s consideration. As part of the compiled report, Dudek will create overlay maps that can be combined to provide a “picture” of the areas that are best suited to development. This may emerge as the following:
x Development Areas “1” most easily developed with the least environmental and infrastructure constraints,
x Development Areas “2” can be developed but with some avoidance or mitigation required that increases the cost of development,
x Development Areas “3” only limited development can be supported due to natural resources or infrastructure costs or engineering constraints, and
x Areas to Avoid Development.

The goal is to provide a series of maps that enable the City to understand priority development areas, which will be further explored and developed in Task 4 Conceptual Scenarios. Maps developed and analysis conducted as

Agreement for Professional Services with Dudek for Annexation Services f... Page 201 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-5 part of Task 2 will consider information outlined in Section C Plan of Services and Section G Illustrative Maps required within Riverside LAFCO’s Annexation Application understanding that work completed under this task may help to fulfill application requirements.

The Desktop Opportunities and Constraints Analysis will include the following subtasks:
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Dudek will conduct a review of applicable regulatory documents and develop a community profile for the Project Area. Potential applicable regulatory documents may include the City’s General Plan, the Riverside County General Plan and Zoning Map, the Coachella Valley Area Plan, and Citrus Ranch Specific Plan, among others. Task 2.1 will also include a high-level existing community profile, including existing demographics like employment and housing characteristics, as appropriate. Lastly, Task 2.1 will include the gathering of key parcel-based data, including property owners, existing on-the-ground uses, surrounding uses adjacent to the Project Area, and any other key data points that can be obtained from Assessor Parcel Data which can be mapped, as needed. d^<Ϯ͘Ϯ /K>K'/> Z
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Dudek will conduct a biological constraints desktop analysis of the Project Area. The following databases will be reviewed and analyzed:
ƒ U.S. Geological Survey National Hydrography Dataset
ƒ U.S. Fish and Wildlife Service (USFWS) Wetlands Inventory ƒ Natural Resources Conservation Service Soils Data
ƒ California Natural Diversity Database Species Occurrence Data (i.e., 9-Quad Search) ƒ California Native Plant Society Rare Plant Inventory (i.e., 9-Quad Search) ƒ Elevation Range
ƒ USFWS Occurrence Data from the Carlsbad Field Office
ƒ USFWS Information for Planning and Consultation
ƒ Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) ƒ CVMSHCP Vegetation Database
Dudek will review and compile this data as well as prepare potential-to-occur tables for special-status species and provide recommendations on additional studies that may be required. Potentially occurring vegetation communities and special-status biological resources will be described in terms of their regional significance and presence on site. All biological resources with potential to occur on site with any reasonable potential to constrain the project will be addressed in the report. Potential constraints will be discussed in the context of the CVMSHCP, such as if portions of the project are located within a designative CVMSHCP Conservation Area and include a discussion of potential impacts to sensitive vegetation communities and habitat for covered species. The Dudek Graphics team will prepare graphics that illustrate the location of the site and the potential constraints, based upon the desktop review.

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As part of Task 2.3, Dudek will collect publicly available data on the following: archaeological and tribal cultural resources, floodplains, geologic hazards (liquefaction, fault lines, slopes etc.), and mineral resources. Dudek will use this data to create a map book of resource specific figures, as well as a comprehensive resource constraints figure.
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In accordance with the Society of Vertebrate Paleontology guidelines, Dudek will complete a paleontological resources desktop review of the proposed annexation area. Dudek will request paleontological records searches through the Natural History Museum of Los Angeles County and the Western Science Center in Hemet to determine the location of any previously recorded fossil discoveries within or nearby the annexation area boundaries. Following the records search requests, Dudek paleontologists will review geological maps and paleontological and geological literature, which along with the records search results, will provide information necessary to determine the paleontological sensitivity of the annexation area. The paleontological methods and results will be documented in a paleontological constraints analysis Memorandum. In addition, Dudek paleontologists will work with the Dudek GIS team to create a paleontological resources sensitivity map of the proposed annexation area to be included in the paleontological constraints analysis. d^<Ϯ͘ϱ Wh>/^
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As part of Task 2.5, Dudek will compile and map existing public services and utilities in and around the Project Area, including police, fire, schools, recreational facilities, libraries, solid waste, water, wastewater, storm drain system, natural gas, electricity, and telecommunications. Dudek assumes that we will be provided existing as well as proposed water supply demands associated with the Project. As part of Task 5.2 Interested Parties Meetings - Service and Utility Providers, Dudek will discuss public service and utility coverage, as well as operational or maintenance challenges for the Project Area with relevant service and utility providers. The following actions will be conducted as part of this task:
x Request and review record information, including GIS data, as-built plans, hydraulic models, and master and urban water management plan data from the Coachella Valley Water District (CVWD), Indio Water Authority (City of Indio), and Valley Sanitary District (VSD).
x Map and/or describe capacity, level of service, location, and district boundaries associated with service providers.
x Obtain and evaluate existing records and flow data on capacities (meeting capacity, over capacity, under capacity). This data will be based on existing master plan information published by the applicable agency. x Obtain and evaluate water supply availability for the Project Area based off existing Urban Water Management Plan data.
x Review current operations and area studies to determine the current global practice and sources for providing water as well as where sanitary sewage is flowing for treatment or diversion. x Discuss and review with service and utility providers staff any existing or proposed plans to serve the area as part of Task 5.2 Interested Parties Meetings with Service and Utility Providers.

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As part of Task 2.6, the project team will conduct an opportunities and constraints analysis of the existing circulation network within and adjacent to the Project Area. The opportunities and constraints analysis will include the following:
x Existing Infrastructure: Review and document the existing transportation infrastructure (based on an aerial review and available GIS layer files), including roadway and intersection geometrics, bicycle facilities, pedestrian facilities, trails, and transit routes. x Existing Traffic Volumes: Oversee the collection of traffic counts at up to five roadway segments (daily counts) and three intersections (peak hour turning movement counts). x Existing Operations: Evaluate the existing daily and peak hour traffic operations at up to five roadway segments and three intersections.
x Current Plan Review: Review the current relevant planning documents for the City of Indio, County of Riverside, Coachella Valley Associated Governments, and SCAG to identify and document the planned transportation related improvements that may service and/or impact the project study area.

The findings will also be reviewed to identify the transportation related opportunities and constraints within the Project Area. The analysis will feature figure(s) depicting the transportation related opportunities and constraints within and around the Project Area.
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Dudek will collect publicly available data on soil types, liquefaction zones, slopes/landslide potential, and fault lines to create a geological resources constraints map.

Task 2 Deliverables/Assumptions:
ƒ Draft and Final Desktop Opportunities and Constraints Analysis Report with Appendices (word document), as needed, including a map set of specific figures and a comprehensive opportunities and constraints figure.
ƒ Dudek assumes one (1) round of review by the City for the Draft Desktop Opportunities and Constraints Analysis.
ƒ Data used to create maps will primarily consist of publicly available data. ƒ Any existing geotechnical and paleontological resource reports will be provided to Dudek, if available.
ƒ Direct costs for Task 2.4 Paleontological Resources records searches are assumed to be no more than $3,000.

Agreement for Professional Services with Dudek for Annexation Services f... Page 204 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-8 Task 3 Market, Fiscal and Economic Development Analysis and Strategy
To better understand the market demand for specific land uses within the Project Area, a market analysis and economic development strategy will be developed collaboratively with Task 2 Desktop Opportunities and Constraints Analysis to inform Task 3 Conceptual Scenarios. The market analysis, alongside market forecasting, will be used to evaluate both near- and long-term demand within the Project Area by land use type. The City’s Economic Development Department will be involved in Task 5.3 Technical Advisory Committee to provide data and input relative to fiscal and economic development topics. d^<ϯ͘ϭDZ<
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Project Area Assessment
The Project Area Assessment will analyze the characteristics of the Project Area consistent with the findings from Task 2. This effort entails an inspection of its surrounding environs to identify physical characteristics, carrying capacity, and locational attributes. These attributes include infrastructure, access, circulation, visibility, surrounding land uses (existing and proposed), and the relationship of the subject area to the principal sources of demand for various land uses.

Market Analysis
Following the Project Area Assessment, a market assessment will be conducted to:
x Evaluate the general demographic and socioeconomic trends in the region to determine the character and composition of local demand and the environment within which the future land use would operate. At the base of these forecasts are economic and population forecasts by the Southern California Association of Governments (SCAG).
x Compare past forecasts to actual growth in the subject market area and the City of Indio to project the most accurate forecast for our analysis. The project team will also use data from its in-house software, GIS-based ESRI Business Analyst, for socioeconomic analysis. x Collect and report market data for land uses under consideration. This will include historic development, absorption, etc.
x Contact, as needed, local real estate brokers, developers, etc. and access both public and private market intelligence and data collected by data aggregators and vendors which will complement the interested parties’ meetings that will occur in Task 5.2 Interested Parties Meetings. x Incorporate any potential users discovered in the Economic Development Strategy (see Task 3.2 Economic Development Strategy).

Demand Analysis
Based on the market overview, the project team will estimate supportable space and development scale in context of the area under consideration. This estimate will incorporate the market assessment’s forecasted growth in contrast to planned and proposed development in the area. Growth will be converted to demand

Agreement for Professional Services with Dudek for Annexation Services f... Page 205 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-9 (supportable space), by land use, using contemporary and forecasted employment demand on a per square foot basis. Based on the supportable space analysis, we will propose a range of future demand for various land uses (low, mid, high). Taking into consideration risks, visibility issues, access, and other constraints, we will also provide a SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis to assist with the evaluation of the preliminary and preferred concept scenarios in Task 4 Conceptual Scenarios. d^<ϯ͘Ϯ
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Concurrent with the Market Analysis, the project team will review existing local and regional studies and adopted policies and plans related to economic development to understand how the local economy is interrelated with regional and State trends, opportunities, and constraints we conduct a base economic assessment (with national indicators included as relevant).

Base Economic Assessment
The Base Economic Assessment will include the following actions:
x Identify key economic conditions that will support a strong and diversified economy. x Identify existing and emerging industries (or industry clusters) in the City and the larger region. This will be based on industry trends and identifying geographic competitiveness, which will then be compared to the City’s economic profile with the region’s economic profile to highlight key similarities and differences. x Examine other indicators that measure the health of the City’s economy. These will include, but are not limited to, education, crime, etc.
x Discuss the subject area’s physical and locational characteristics and how they can be an asset for economic development in the City and larger region.
x Conduct a reverse site section analysis by researching site selection requirements of companies that are looking to relocate to the larger Coachella Valley market area. To the extent possible, several case studies of recent business relocations will be provided to better understand key criteria for companies moving to the region. A SWOT analysis will be conducted for compare the site area’s overall opportunity to attract targeted relocation candidates (by industry type, as applicable). d^<ϯ͘ϯ&/^>/DWd
No work is expected to occur in Phase 1 during FY 2024-2025.

Deliverables/Assumptions:
ƒ Draft and Final Market Assessment and Economic Development Strategy (word document). ƒ Dudek assumes one (1) level of review of the Draft Market Assessment and Economic Development Strategy (word document).

Agreement for Professional Services with Dudek for Annexation Services f... Page 206 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-10 Task 4 Conceptual Scenarios
As part of Task 4, Dudek will bring together the analysis and findings from Task 2 Desktop Opportunities and Constraints Analysis, Task 3 Market, Fiscal and Economic Development Analysis and Strategy, and portions of Task 5 Strategy, Outreach, and Engagement to futher build upon the potential Project Area development areas and the compiled map(s) developed in Task 2. The outcome of Task 4 will be a Proposed Concept that will identify a high-level development program and associated infratructure needs for the Project Area. d^<ϰ͘ϭ ^
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Under Task 4.1, the project team will develop up to three (3) preliminary scenario concepts that build upon the compiled mapping developed in Task 2 to further refine priority development areas and identify additional detail.

Each scenario will be conceptually illustrated and shaped by a distinctive “big idea” to allow for easy comparative evaluation. As part of this task, Dudek will work with City staff to identify high-level project goals and objectives related to the opportunities and contraints identified in Tasks 2 and 3. From these goals, Dudek will identify potential evaluation criteria that will be used to prioritize the preliminary scenario concepts and ultimately help shape the Proposed Concept identified through Task 4.2.

Fundamental components of each scenario will include an identifcation of the Project Area boundary and patterns of land use. In addition, for each preliminary scenario concept, the project team will analyze the high-level transportation related needs, environmental constraints, market constraints, known infrastructure or utility provider constraints, and desired land use goals of the City. The analysis will include the following:
x Environmentally Sensitive Areas
x Vehicular Trip Generation
x VMT Generation (High Level Estimate)
x Internal Land Use Connectivity
x Potential Internal Trip Capture
x Trip Distribution / Assignment
x Anticipated Strain on Existing Roadway Operations
x Market Demand, determined in Task 3.1 Market Analysis x Emergency Response Access
x High Level Infrastructure Improvement Needs, determined in part based on discussions with Service and Utility Providers as part of Task 5.2 Interested Parties Meetings. x High Level, Order of Magnitude Costs (e.g. High, Medium, Low) It is assumed that this analysis will be conducted at a high level and will be predominantly used to assist with the evaluation of the preliminary scenario concepts and support decision-making.

Agreement for Professional Services with Dudek for Annexation Services f... Page 207 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-11 Task 4.1 will culminate in a working session with City Staff to review the preliminary scenario concepts, receive feedback and determine up to three (3) preferred concepts to share with the City Council, Planning Commission, and the public, as included in Task 5.4 Community Engagement and Phase 2, Task 7.1 Study Sessions. d^<ϰ͘Ϯ WZKWK^
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Upon receiving feedback on the up to three (3) preferred concepts, the project team will conduct additional targeted analyses to further narrow down the preferred concepts and arrive at a proposed concept. With an understanding that costs associated with new infrastructure and services to support the identified land uses will be crticial to the decision-making process, the project team will develop estimated future buildouts associated with the up to three (3) preferred concepts and refine the high level infrastructure needs and associated high level, order of magnitude costs developed in Task 4.1 to support the selection process.

With regards to transportation infrastructure, the project team will document what will need to be improved or developed within and adjacent to the Project Area. Transportation related infrastructure may include, but is not limited to, improvements to existing roadways, new roadway connections, intersection improvements, bicycle, and pedestrian improvements, and potential transit service expansion/improvements. Findings from this additional targeted analyses will help inform the proposed concept and support the public, stakeholders, and decisionmakers with providing input on the preferred concepts as part of Task 5 Strategy, Outreach and Engagement.

In addition, working with the City and applicable water utility agencies as part of Task 5 Strategy, Outreach and Engagement, Dudek will identify backbone infrastructure and service improvements to support future development with respect to location, timing, and costs. With regards to dry utilities, Dudek will work with utility providers (SCE, The Gas Company, Verizon, Time Warner) to understand points of connection and what level of improvements may be required during Task 5.2 Interested Parties Meetings.

Task 4.2 will conclude with a single proposed concept and associated future buildout which will enable the project team to further analyze required infrastructure and services cost and timing to support the identified land uses in Task 6 Infrastructure Plan.

Deliverables/Assumptions:
ƒ Up to three (3) preliminary Scenario Concepts with associated Draft and Final Evaluation Criteria ƒ One (1) in person working session with City Staff to review prelinminary Scenario Concepts ƒ Up to three (3) Preferred Concepts
ƒ One (1) Proposed Concept (Draft and Final)
Task 5 Strategy, Outreach, and Engagement
We understand that gaining support from landowners and the public will be integral to the overall project and the Riverside LAFCO process. This task aims to engage interested parties, educate residents and interested parties on the benefits of the project, mitigate potential community issues, and build public goodwill.

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Dudek will develop a Strategy, Outreach, and Engagement Plan and facilitate city, county, industry, and community engagement. We understand that the City’s goal for the project is to provide a carefully crafted, feasibility-focused planning strategy that is backed by community benefits and reliable infrastructure. The Strategy, Outreach and Engagement Plan will be crafted with the project’s key objectives in mind and serve as a living document that can be updated periodically.

The exact strategies will be decided upon by further discussion with the City and Project Team; however, we propose the following topics to be covered in our Strategy, Outreach, and Engagement Plan:
x Interested Parties Analysis including residents, property owners, local service providers, LAFCO, Riverside County, and decision-makers.
x Overview of outreach and engagement methods and techniques such as workshops and surveys to collect the information or input needed from the community and interested parties. x Objectives for each outreach and engagement activity. x Approach to media monitoring and social media support, as well as public media and relations d^<ϱ͘Ϯ/Ed
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As further outlined in the Strategy, Outreach and Engagement Public Plan (Task 5.1), Dudek will attend and facilitate meetings with three (3) types of interested parties: 1) property owners/tenants within the Project Area, 2) service and utility providers, and 3) other public agencies/jurisdictions. Outreach to relevant tribal nations is covered under Task 5.6 Tribal Outreach. Meetings with industry experts, including local real estate brokers, developers, etc. will occur as needed as part of Task 3.1 Market Analysis.

Property Owners/Tenants
Regarding the property owners/tenants, Dudek will facilitate up to five (5) virtual meetings with identified parties with the intent to provide an overview of the proposed annexation intent and to collect contact information for future targeted communication. Future communication would be geared toward soliciting input via surveys, public workshops, and other public forums.

Service and Utility Providers
Similarly, Dudek will facilitate up to twenty (20) virtual meetings with service and utility providers (see list below) to discuss coverage, capacity, as well as operational or maintenance challenges for the Project Area in addition to existing or proposed plans. Dudek proposes the following structure:
ƒ Meeting 1, with each provider, conducted in Phase 1, will serve as an introduction to the proposed project and an opportunity to understand existing and future service provider plans. Coordination from these initial conversations will influence Task 2.5 Public Services and Utilities Opportunities and Constraints Analysis findings. During these initial conversations, the project team will also seek to understand level of service thresholds from each provider to inform the planning process outlined in Task 4 Conceptual Scenarios.

Agreement for Professional Services with Dudek for Annexation Services f... Page 209 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-13 ƒ Meeting 2 with each provider, conducted in Phase 1, would discuss the preferred concepts and associated estimated future buildouts outlined Task 4 Conceptual Scenarios. High level infrastructure needs associated with each concept will be discussed and refined with each provider, which will influence the high level, order of magnitude costs identified in Task 4 Conceptual Scenarios. ƒ Meeting 3, with each provider, which will be held in Phase 2, would discuss the proposed services and facilities to the level of service required to support the estimated future buildout/projected needs of the proposed concept, aligned with the timing of Task 6 Infrastructure Plan. In addition, construction of new facilities or upgrading of existing facilities will also be discussed, as well as potential timing and cost.

Budget associated with facilitating the third set of meetings with service and utility providers is included in the Phase 2 cost estimate (not included in this proposal).

Service provider meetings could include the following entities:

1. Coachella Valley Water Authority (Water Supply)

2. Indio Water Authority (Water Supply)

3. Burrtec (Solid Waste and Recycling)

4. Coachella Valley Water District (Drainage)

5. Valley Sanitary District (Wastewater)

6. Southern California Gas Company (Natural Gas, and Telecommunications)

7. Imperial Irrigation District

8. Spectrum and Frontier (Telecommunications)

9. Coachella Valley Unified School District

10. Riverside County Library System
Other Public Agencies/Jurisdictions
Dudek will support and attend up to three (3) virtual meetings with other public agencies/jurisdictions, such as the County of Riverside staff, City of Coachella staff, and the Coachella Valley Association of Governments. The purpose of these meetings is to discuss at high-level and strategically the intent of the project. If additional meetings are needed with the identified public agencies/jurisdictions, Dudek will submit a scope and fee augment.
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Dudek proposes a Technical Advisory Group (TAC) to supplement the other external outreach efforts described within this task. A TAC comprised of the City’s internal departments and agencies (including the City Manager’s office, Community Development, Public Works, Community Services, Parks & Recreation, Finance, Economic Development, City of Indio Police Services, Indio Fire Department, etc.) will convene up to two (2) times virtually during Phase 1 to discuss the Project Area and proposed infrastructure and long range planning efforts as it relates to the Project Area. Up to two (2) TAC meetings are assumed to occur in Phase 1 of the project, while the remaining two (2) TAC meetings will be held in Phase 2.

Each meeting will be one-hour (60 minutes) in duration. In Phase 1, The TAC will provide strategic feedback related to the findings of Task 2 Desktop Opportunities and Constraints Analysis and Task 3 Market Analysis and Economic Development and Task 4 Conceptual Scenarios. Dudek staff will facilitate each meeting, attend virtually, provide agendas, and meeting summaries. Prior to each meeting, the Dudek Project Manager will work

Agreement for Professional Services with Dudek for Annexation Services f... Page 210 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-14 with City staff to outline the appropriate discussion topics. Potential topics can include a discussion around planned infrastructure improvements and programs, as well as economic development/financing, among others. d^<ϱ͘ϰ KDDhE/dz
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Dudek will support the City in hosting one (1) in-person or virtual public meetings to inform residents, property owners, business owners, and other interested parties of the overall annexation process. Public meetings are a key task in the annexation process to build trust with the community, demonstrate transparency in governance, garner feedback on the process, and help provide a smoother transition in the annexation process. Up to two (2) in-person or virtual public meetings are assumed for Phase 2 to enable a total of up to three (3) meetings for the overall process.

The project team will work with the City staff to develop appropriate workshop formats for the public meeting. The workshop could include and an informational presentation, open house with informal discussions, or other formats to be discussed with the City, assumed to be held at the culmination of Tasks 2 Desktop Opportunities and Constraints Analysis and Tasks 3 Market Analysis and Economic Development Strategy., throughout Task 4 Conceptual Scenarios. Dudek will support the development of presentations and public outreach materials in coordination with City staff to communicate the project’s need, timeline, ways to provide input, and other relevant information.

To increase public awareness of this effort, Dudek will also create and distribute a mailer to addresses within a 100 ft. buffer or more of the Project Area for each workshop. The mailer will provide information about the project, timeline, and contact information. Dudek will provide light refreshments and up to four (4) outreach boards per event, if in person.
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Dudek understands that for a clear and effective annexation process, early and often interaction with Riverside LAFCO is necessary. Building off the interaction and relationship-building established in prior reorganization efforts, during Phase 1 Dudek will facilitate up to three (3) one-hour (60 minutes), virtual working meetings with LAFCO staff aligned with key milestones in the project. At least one (1) of the meetings will be used to introduce the purpose of this project to LAFCO staff and identify up front key interested parties and engagement strategies and one (1) meeting will be used to ensure that the appropriate amount of detail and documentation is provided throughout the application process. The goal of these meetings is to inform LAFCO staff of the City’s intent to study and potentially annex the Project Area, and to ensure that the most appropriate engagement tactics are employed for the entirety of the process. For these meetings, Dudek will work with City staff to identify specific questions to discuss with LAFCO staff. Dudek will provide an internal agenda for each of the three (3) meetings. d^<ϱ͘ϲ dZ/>KhdZ
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To comply with California Senate Bill (SB) 18, Dudek will contact the California Native American Heritage Commission (NAHC) for a review of its Sacred Lands File. The NAHC will determine whether any NAHC-listed Native American sacred lands are located within or adjacent to the project site and will provide a list of Native American representatives who should be contacted for additional information. If requested by the City, Dudek will prepare and mail a letter to each of the NAHC-listed contacts, requesting that they contact us if they know of any Native American cultural resources within the inventory area. Dudek will also assist the City in their Assembly Bill (AB) 52 consultation needs by initiating correspondence with the City’s list of consulting Tribes as per AB 52. If the City

Agreement for Professional Services with Dudek for Annexation Services f... Page 211 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-15 does not maintain an AB 52 list, the list provided by the NAHC for SB 18 consultation will also be used to initiate and maintain correspondence with consulting Native American Tribes regarding the possibility of identifying Tribal Cultural Resources (TCRs) in the study area. As part of this scope (and beyond consultation needed for SB 18 and AB 52), Dudek will facilitate up to five (5) in-person meetings with interested tribes to discuss the Project Area.

Meetings will include two (2) Senior Dudek staff members, including Dudek’s in-house Senior Cultural Resources Specialist.
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Dudek will provide supportive engagement materials in the form of surveys, website content, social media support, and other project collateral such as FAQs and project Fact Sheets. In order to support interested parties’ outreach, Dudek will prepare a short (10 questions or less) electronic survey using SurveyMonkey that will solicit project feedback and collect relevant contact information. Dudek will work with the project team and City staff to identify interested parties and build a project database that can be used throughout the project. Additionally, Dudek will provide clear and consistent project messaging and content for the City to host a newly created project website. The project website will include information on the LAFCO annexation process, affected Project Area, brief description of the project’s intent, opportunities for engagement, and contact information.

Deliverables/Assumptions
ƒ Draft Strategy, Outreach and Engagement Plan, to be updated periodically (word document) ƒ Agendas and virtual attendance for up to five (5) one-hour (60 minutes) meetings with property owners/tenants
ƒ Agendas and virtual attendance for up to 20 one-hour (60 minutes) meetings with service/utility providers
ƒ Agendas and virtual attendance for up to three (3) virtual one-hour (60 minutes) meetings with other public agencies/jurisdictions
ƒ Agendas and virtual attendance for up to two (2) one-hour (60 minutes) meeting with the TAC ƒ Attendance, preparation, and facilitation for one (1) in-person or virtual public meeting ƒ Draft and Final mailers, outreach boards, and materials (electronic copies) ƒ Agendas and attendance for up to three (3) virtual one-hour (60 minutes) meetings with LAFCO staff
ƒ Mailed letter to each of the NAHC-listed contacts, as needed ƒ Attendence for up to five (5) in-person meetings with interested tribes attended by up to two (2) Dudek staff members
ƒ Preparation of one (1) online survey, five (5) hours of website content, and three (3) collateral pieces.
ƒ Dudek assumes one (1) round of review per item.
ƒ If additional outreach is needed beyond what is described in this scope Dudek will submit a scope and fee augment.
ƒ Dudek assumes one level of review for the draft mailer, draft outreach boards, and other outreach materials.
ƒ Dudek assumes no more than two (2) rounds of written correspondence with Native American Tribes.
ƒ Dudek assumes that translation and interpretation services will be provided by City staff.

Agreement for Professional Services with Dudek for Annexation Services f... Page 212 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-16 ƒ Dudek assumes any collateral pieces (such as fliers, FAQ sheets, comment cards, etc.) will be printed by City staff.

Task 6 Infrastructure Plan
No work is expected to occur in Phase 1 during FY 2024-2025.

Task 7 Project Approvals
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With one of the primary objectives of this project being to engage decision-makers early and often in order to showcase long-range, City-focused priorities and viability, Dudek recommends hosting up to three (3) City Council study sessions, in addition to the public hearings as discussed in Task 7 Project Approvals. We envision the study sessions to be educational in nature, and focused on providing the City Council with an opportunity to weigh in on the process prior to the formal approvals process as discussed in Task 7.3 Public Hearings as follows:
ƒ Study Session #1: During Phase 1, focus on providing a project introduction and presentation of findings from Task 2 Desktop Opportunities and Constraints Analysis and Task 3.1 Market Analysis and Task 3.2 Economic Development Strategy. At this study session, Dudek and City staff would seek feedback on the analyses and discuss future considerations for the conceptual scenarios that will be developed as part of Task 4 Conceptual Scenarios.
ƒ Study Session #2: During Phase 1, focus on presenting the up to three (3) preferred scenario concepts developed as part of Task 4 Conceptual Scenarios and feedback to date, including the Technical Advisory Committee (Task 5.3) and the public (Task 5.4). During this session, City Council will be invited to provide feedback and direction on what will become the proposed concept, as described in Task 4.2 Proposed Concept.
ƒ Study Session #3: During Phase 2, focus on providing an overview of the findings from the infrastructure plan (Task 6) and financing options as determined in Task 3.3. Feedback from the City Council will be considered and addressed in the Infrastructure Plan and Fiscal Impact Report.

During Phase 1, this scope assumes up to two (2) two-hour (120 minutes) study sessions. Dudek will prepare presentation materials and facilitate discussion during the two (2) study sessions. d^<ϳ͘Ϯ'
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Dudek anticipates supporting City Staff at multiple public hearings throughout this project’s lifetime. This scope includes in-person attendance by up to two (2) Senior Dudek staff at one (1) Planning Commission hearings.

During Phase 1, one (1) hearing will be held to introduce the project. During Phase 2, one (1) hearing will be held in support of Task 4.3 Proposed Concept.

Agreement for Professional Services with Dudek for Annexation Services f... Page 213 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-17 Deliverables/Assumptions
ƒ Attendance and preparation for up to two (2) two-hour (120 minutes) City Council Study Sessions attended by up to two (2) Senior Dudek staff.
ƒ Attendance at up to one (1) Planning Commission hearings by up to two (2) Senior Dudek staff. ƒ Dudek will prepare presentation materials and facilitate discussion during the two (2) study sessions and one (1) Planning Commission hearings.
ƒ Dudek assumes one (1) level of review for each draft deliverable.

Task 8 LAFCO Application
No work is expected to occur in Phase 1 during FY 2024-2025.

Task 9 Compliance with California Environmental Quality Act (CEQA)
No work is expected to occur in Phase 1 during FY 2024-2025.

Agreement for Professional Services with Dudek for Annexation Services f... Page 214 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-18 Phase 2 (FY 2025-2026)
Task 1 Project Management
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Ms. Grover and key Dudek staff (such as technical staff), will lead bi-weekly half-hour (30 minutes) virtual meetings with City staff, to a maximum of 30 meetings for Phase 2 of the project, aligned with the City’s FY 2025- 2026. The meetings will ensure objectives and milestones are being achieved. For these meetings, Dudek will prepare agendas with input from City staff. Meeting minutes will be taken during meetings and provided to the project team with next steps and action items outlined for both Dudek and the City as needed. Dudek can provide additional meetings upon request and with an augmented scope and fee.

In addition, we have assumed PM staff would be involved in the Technical Advisory Group meetings (establishment, coordination, and capturing advisories), and support the broader community outreach strategy.

In the event unanticipated complexities or new components arise resulting in the protraction of the schedule or need for additional solutions meetings, additional scope and fee would be negotiated. d^<ϭ͘Ϯ</<K&&D

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No work is expected to occur in Phase 2 during FY 2025-2026.

Deliverables/Assumptions:
ƒ Up to 30 half-hour (30 minute) biweekly meetings
ƒ Monthly invoices
Task 2 Desktop Opportunities and Constraints Analysis
No work is expected to occur in Phase 2 during FY 2025-2026.

Task 3 Market, Fiscal and Economic Development Analysis and Strategy
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No work is expected to occur in Phase 2 during FY 2025-2026.

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The project team will work collaboratively with the City and County staff to identify key data sources for the model and define the methodology to be used in the fiscal impact model. Pursuant to the Riverside LAFCO annexation/reorganization application requirements, a Fiscal Impact Report (FIR) will be prepared. The objective of our collaborative approach is to ensure that the City and County staff is familiar and comfortable with the sources required to drive the fiscal impact model and the methodology embedded in the model.

According to the LAFCO application, the FIR is needed to assess the impact on the affected agencies under two scenarios. First, a fiscal analysis of the annexation area as if it were to remain unincorporated. This FIR includes the net cost of all services provided by the County (both countywide and municipal services) through build-out.

Second, the FIR will determine the net cost of those County services assuming the planning area is annexed to the City associated with Task 4.2 Proposed Concept, as discussed in the Phase 1 scope of work. The impact of the annexation itself is the difference between these two scenarios. The detailed steps that we plan to follow in our work plan are described in the following section.

Project Orientation and Budget Data Collection
x Collect economic studies and recent fiscal analysis (if any) for review. x Collect the most recent County and City budgets and tax data applicable to the analysis, including:
o Property tax distribution and applicable pre-existing agreements (tax rate area and ĚŝƐƚƌŝďƵƚŝŽŶͿ o Special tax rates and distribution factors (sales/use, utility users, etc.) o Any existing special fees including infrastructure, development mitigation, etc. o Existing special assessments
Interview Departments and Agencies
Based on our experience, we understand that fiscal analysis rarely follows a “one size fits all” approach, even in areas that follow similar regulatory frameworks and broad fiscal policies. It is important to understand the functions, responsibilities, and cost allocation methods of each major service providing department. The project team will conduct the following actions as part Task 5.2 Interested Parties Meetings – Service and Utility Providers and Task 5.3 Technical Advisory Committee:
x Interview key service providing departments, as needed, such as Police, Fire, Maintenance Services, Parks and Recreation, and others as applicable.
x Consult with the City and County’s Finance department to understand fixed and variable costs to derive “net costs” that need to be covered by discretionary revenues.

Agreement for Professional Services with Dudek for Annexation Services f... Page 216 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-20 x Interview any other relevant agencies to understand specific development related issues that may affect the analysis.

Collect Current and Proposed Land Use Information
x Collect relevant real estate market information to estimate reasonable build out timing by land use. x Utilize the current land use inventory in the base (existing land use or no change) and annex alternatives to illustrate buildout conditions to derive the net incremental change for the planning scenarios.

Consolidate Cost and Revenue Drivers
x Estimate increment in population, dwelling units, and employment by land use and developed acreage in the County and City.
x Estimate major service demand distribution by land use type (fire, public safety, etc.) x Collect relevant real estate market information to develop a matrix of land values by type of use. x Estimate values of other revenue sources based on current pro rata share of population, employment, dwelling units, “Equivalent” dwelling units, lane miles, park acres or developed acreage as applicable. x Estimate expenditure volumes based on pro rata share of population, employment, and dwelling units under each planning scenario.

Prepare Special Models for Selected Cost and Revenue Items Although we will project most of the cost and revenue items using a series of “demand drivers” and pro-rata shares as described above, a number of key line items will be calculated by developing special models. For illustrative purposes, these would include (as applicable):
x Property Taxes – Develop a property tax revenue calculation model that takes into account:
x Proposition 13 limitations
x Appreciation and turnover rates
x Sales Taxes – Typically allocate taxable sales growth to growth in retail market segments in the market area, as opposed to merely allocating a value to each retail parcel. This methodology accounts for market conditions, competitive environment, potential recapture of leakage, and “cannibalization” of existing retail development, and paints a clearer picture in terms of “net” impacts. The potential capture of retail expenditures under each scenario will vary depending upon variety of retail capacity. x Fire Services – Since fire costs are typically “stair-stepped” depending on existing service capacity, and future incremental station needs, these will be calculated separately based on our discussions with the respective Fire departments that may provide future service to the planning area. x Others as applicable.

Model Net Fiscal Impacts

Agreement for Professional Services with Dudek for Annexation Services f... Page 217 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-21 The project team will configure the fiscal impact model to reflect the relevant General Fund structure, revenue sources, land use information, existing level of service, and associated municipal costs for the City and County.

The fiscal impact model will be used to calculate incremental fiscal costs and revenues under both planning scenarios. The model will be the basis of the FIR that will be delivered in connection with the County’s LAFCO application.

Deliverables/Assumptions:
ƒ Draft and Final Fiscal Impact Report (word document). ƒ Dudek assumes one (1) level of review of the Draft Fiscal Impact Report (word document).

Task 4 Conceptual Scenarios
No work is expected to occur in Phase 2 during FY 2025-2026.

Task 5 Strategy, Outreach and Engagement
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Dudek will maintain the Strategy, Outreach and Engagement Plan, which is a living document, that was developed in Phase 1 and continue to facilitate city, county, industry, and community engagement. During Phase 2, the project team will continue to conduct media monitoring and social media support to ensure outreach conducted during FY 2025-2026 is sucessful.
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Property Owners/Tenants
Engagement with property owners/tenants is assumed to be held in Phase 1 of the project.

Service and Utility Providers
Similarly, Dudek will facilitate up to ten (10) virtual meetings with service and utility providers (see list below) to discuss coverage, capacity, as well as operational or maintenance challenges for the Project Area in addition to existing or proposed plans. Dudek proposes the following structure:
ƒ Meeting 1 with each provider, conducted in Phase 1, will serve as an introduction to the proposed project and an opportunity to understand existing and future service provider plans. Coordination from these initial conversations will influence Task 2.5 Public Services and Utilities findings. During these initial conversations, the project team will also seek to understand level of service thresholds from each provider to inform the planning process outlined in Task 4 Conceptual Scenarios. ƒ Meeting 2 with each provider, conducted in Phase 1, would discuss the preferred concepts, and associated estimated future buildouts outlined Task 4 Conceptual Scenarios. High level infrastructure needs associated with each concept will be discussed and refined with each provider, which will influence the high level, order of magnitude costs identified in Task 4 Conceptual Scenarios. ƒ Meeting 3 with each provider, conducted in Phase 2, would discuss the proposed services and facilities to the level of service required to support the estimated future buildout/projected needs of the proposed

Agreement for Professional Services with Dudek for Annexation Services f... Page 218 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-22 concept, aligned with the timing of Task 6 Infrastructure Plan. In addition, construction of new facilities or upgrading of existing facilities will also be discussed, as well as potential timing and cost. Budget associated with facilitating the third set of meetings with service and utility providers is included in the Phase 2 cost estimate (not included in this proposal).

Service provider meetings could include the following entities:

1. Coachella Valley Water Authority (Water Supply)

2. Indio Water Authority (Water Supply)

3. Burrtec (Solid Waste and Recycling)

4. Coachella Valley Water District (Drainage)

5. Valley Sanitary District (Wastewater)

6. Southern California Gas Company (Natural Gas)

7. Imperial Irrigation District

8. Spectrum and Frontier (Telecommunications)

9. Coachella Valley Unified School District

10. Riverside County Library System
Other Public Agencies/Jurisdictions
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Dudek proposes a Technical Advisory Group (TAC) to supplement the other external outreach efforts described within this task. A TAC comprised of the City’s internal departments and agencies (including the City Manager’s office, Community Development, Public Works, Community Services, Parks & Recreation, Finance, Economic Development, City of Indio Police Services, Indio Fire Department, etc.) will convene up to two (2) times virtually during Phase 2 to discuss the Project Area and proposed infrastructure and long range planning efforts as it relates to the Project Area. Up to two (2) TAC meetings are assumed to occur in Phase 1 of the project.

Each meeting will be one-hour (60 minutes) in duration. In Phase 2, The TAC will provide strategic feedback related to the Proposed Concept associated with Task 4 Conceptual Scenarios as well as fiscal and infrastructure needs associated with Task 3.3 Fiscal Impact and Task 6 Infrastructure. Dudek staff will facilitate each meeting, attend virtually, provide agendas, and meeting summaries. Prior to each meeting, the Dudek Project Manager will work with City staff to outline the appropriate discussion topics. Potential topics can include a discussion around planned infrastructure improvements and programs, as well as economic development/financing, among others. d^<ϱ͘ϰKDDhE/dz
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Dudek will support the City in hosting up to two (2) in-person or virtual public meetings to inform residents, property owners, business owners, and other interested parties of the overall annexation process. Public meetings are a key task in the annexation process to build trust with the community, demonstrate transparency in governance, garner feedback on the process, and help provide a smoother transition in the annexation process.

One (1) in-person or virtual public meeting is assumed for Phase 1 to enable a total of up to three (3) meetings for the overall process.

Agreement for Professional Services with Dudek for Annexation Services f... Page 219 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-23 The project team will work with the City staff to develop appropriate workshop formats for the public meetings. The workshops could include and an informational presentation, open house with informal discussions, or other formats to be discussed with the City, assumed to be held throughout Task 4 Conceptual Scenarios and Task 6 Infrastructure Plan. Dudek will support the development of presentations and public outreach materials in coordination with City staff to communicate the project’s need, timeline, ways to provide input, and other relevant information.

To increase public awareness of this effort, Dudek will also create and distribute a mailer to addresses within a 100 ft. buffer or more of the Project Area for each workshop. The mailer will provide information about the project, timeline, and contact information. Dudek will provide light refreshments and up to four (4) outreach boards per event, if in person.
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Dudek understands that for a clear and effective annexation process, early and often interaction with Riverside LAFCO is necessary. Building off the interaction and relationship-building established in prior reorganization efforts, during Phase 2, Dudek will facilitate up to two (2) one-hour (60 minutes), virtual working meetings with LAFCO staff aligned with key milestones in the project. At least one (1) of the meetings will be used to discuss the plan of services and fiscal impact, in addition to a focused meeting on the application itself. During one (1) of the meetings, a taxation agreement will be discussed, as needed, as this is required prior to the issuance of a certificate of filing by the LAFCO executive officer. Based on best practice, annexation attempts can oftentimes fail if the affected city and county cannot reach agreement on a property tax split. Having this discussion early may help set the stage for future agreement and is highly recommended. A property tax exchange agreement could be explored as part of this pre-application discussion. Dudek suggests that this meeting take place either before or concurrent to CEQA preparation.

The goal of these meetings is to inform LAFCO staff of the City’s intent to study and potentially annex the Project Area, and to ensure that the most appropriate engagement tactics are employed for the entirety of the process.

For these meetings, Dudek will work with City staff to identify specific questions to discuss with LAFCO staff.

Dudek will provide an internal agenda for each of the two (2) meetings. d^<ϱ͘ϲdZ/>KhdZ
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To support the Phase 2 strategy, outreach, and engagement process, Dudek will continue to provide supportive engagement materials in the form of surveys, website content, social media support, and other project collateral such as FAQs and project Fact Sheets. If desired, Dudek prepare a second short (10 questions or less) electronic survey using SurveyMonkey that will solicit additional project feedback and collect relevant contact information.

Dudek will work with the project team and City staff to maintain the interested parties and project database.

Additionally, Dudek will provide clear and consistent project messaging and content for the City to host a newly created project website that will be maintained in Phase 2. The project website will include information on the LAFCO annexation process, affected Project Area, brief description of the project’s intent, opportunities for engagement, and contact information.

Agreement for Professional Services with Dudek for Annexation Services f... Page 220 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-24 Deliverables/Assumptions
ƒ Agendas and virtual attendance for up to 10 one-hour (60 minutes) meetings with service/utility providers
ƒ Agendas and virtual attendance for up to two (2) one-hour (60 minutes) meeting with the TAC ƒ Attendance, preparation, and facilitation for up to two (2) in-person or virtual public meetings ƒ Draft and Final mailers, outreach boards, and materials (electronic copies) ƒ Agendas and attendance for up to two (2) virtual one-hour (60 minutes) meetings with LAFCO staff
ƒ Preparation of one (1) online survey, five (5) hours of website content, and three (3) collateral pieces
ƒ Dudek assumes one (1) round of review per item
ƒ If additional outreach is needed beyond what is described in this scope Dudek will submit a scope and fee augment
ƒ Dudek assumes one level of review for the draft mailer, draft outreach boards, and other outreach materials
ƒ Dudek assumes that translation and interpretation services will be provided by City staff ƒ Dudek assumes any collateral pieces (such as fliers, FAQ sheets, comment cards, etc.) will be printed by City staff
Task 6 Infrastructure Plan
Understanding that Section C Plan of Services is central to Riverside LAFCO annexation application, Dudek will identify the proposed services and infrastructure associated with the Proposed Concept (Task 4.2) and the associated future build out, including how and when they will be provided and funded.

We recognize that the proposed land uses will require a wide variety of infrastructure to be developed both at the micro and macro level to address how the proposed land uses will both import and export water, wastewater, and energy, for example. Considerations for local roads and general mobility will be provided, inclusive of active transportation. In addition, the wet utilities for water, wastewater, and drainage as well as dry utilities, including broadband and telecommunications will be addressed. Lastly, public services will be addressed to ensure that critical services to support the Project Area will be provided.

Work completed under Task 6 will be used to generate content for Section C Plan of Services as part of Task 8 LAFCO Application.

Wet and Dry Utilities
Planning level cost estimates will be refined in Task 6 to further refine the order of magnitude costs for the necessary infrastructure, which were initially developed in Task 4.2 in Phase 1. In addition, the infrastructure section will address phasing and capacities of proposed infrastructure build out for the appropriate systems including storm drainage, sanitary sewer, and water, gas, electric, and telecommunications.

It is assumed that the detailed area studies, hydraulic or other types of system models, and inventories will not be required to arrive at recommendations for standard development guidelines, and that suggestion for large facility infrastructure improvements will be based on recommendations from the respective agencies.

Transportation

Agreement for Professional Services with Dudek for Annexation Services f... Page 221 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-25 The project team will develop a description of each transportation improvement associated with the Proposed Concept. The description will include the type and location of the improvement, a refined planning level cost estimate, and how the improvement will be funded. Additionally, the project team will work with both Riverside County and the City of Indio to identify their respective roadway maintenance programs, how roadway maintenance is funded within each jurisdiction, and if either city maintains a roadway condition inventory system, as outlined in Section C of the Riverside LAFCO annexation application. In addition, the project team will develop illustrative maps to identify future transportation networks within and adjacent to the project site.

Services
Dudek will identify required services, including police, fire, parks and recreation, library, solid waste collection, street maintenance, lighting, landscaping, street sweeping, and other pertinent service-related items associated with the Proposed Concept. As outlined in Section C of the Riverside LAFCO application, future services will need to be identified relative to location, timing, costs, and funding source.

Deliverables/Assumptions
ƒ Draft and Final Infrastructure Plan (word document), including backbone infrastructure map illustrating points of connection, critical infrastructure locations and sizes, and phases, as well as transportation and services-related maps.

Task 7 Project Approvals
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With one of the primary objectives of this project being to engage decision-makers early and often in order to showcase long-range, City-focused priorities and viability, Dudek recommends hosting up to three (3) City Council study sessions, in addition to the public hearings as discussed in Task 7 Project Approvals. We envision the study sessions to be educational in nature, and focused on providing the City Council with an opportunity to weigh in on the process prior to the formal approvals process as discussed in Task 7.3 Public Hearings as follows:
ƒ Study Session #1: During Phase 1, focus on providing a project introduction and presentation of findings from Task 2 Desktop Opportunities and Constraints Analysis and Task 3.1 Market Analysis and Task 3.2 Economic Development Strategy. At this study session, Dudek and City staff would seek feedback on the analyses and discuss future considerations for the conceptual scenarios that will be developed as part of Task 4 Conceptual Scenarios.
ƒ Study Session #2: During Phase 1, focus on presenting the up to three (3) preferred scenario concepts developed as part of Task 4 Conceptual Scenarios and feedback to date, including the Technical Advisory Committee (Task 5.3) and the public (Task 5.4). During this session, City Council will be invited to provide feedback and direction on what will become the proposed concept, as described in Task 4.2 Proposed Concept.
ƒ Study Session #3: During Phase 2, focus on providing an overview of the findings from the infrastructure plan (Task 6) and financing options as determined in Task 3.3. Feedback from the City Council will be considered and addressed in the Infrastructure Plan and Fiscal Impact Report.

This scope assumes one (1) two-hour (120 minutes) study session. Dudek will prepare presentation materials and facilitate discussion during the one (1) study session.

Agreement for Professional Services with Dudek for Annexation Services f... Page 222 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-26 d^<ϳ͘Ϯ '
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As part of the Riverside LAFCO annexation request process, an applicant must undertake certain actions prior to application submittal (see Task 8 LAFCO Application) including how an applicant intends to categorize the land (proposed land use and pre-zoning). Dudek will lead the General Plan amendment and pre-zoning process for the Project Area. The area is currently designated by the Riverside County General Plan as Open Space Rural, Conservation, Conservation Habitat, and Mineral Resources. As outlined in Task 4 Conceptual Scenarios, Dudek will work with the City to identify the appropriate proposed land use and associated zones for the Project Area.

With the selection of a Proposed Concept (as described in Task 4.2), Dudek will prepare the appropriate text edits to include as part of the General Plan amendment process. Similarly, Dudek will finalize and package all documentation for public hearings and adoption, including the Final General Plan Land Use Diagram, corresponding Official Zoning Map, CEQA documentation (see Task 9 Compliance with California Environmental Quality Act), and a formal presentation.

This task assumes in-person attendance at one (1) Planning Commission meeting and one (1) City Council meeting by up to two (2) senior Dudek staff members.
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Dudek anticipates supporting City Staff at multiple public hearings throughout this project’s lifetime. This scope includes in-person attendance by up to two (2) Senior Dudek staff at up to two (2) Planning Commission hearings.

During Phase 1, one (1) hearing will be held to introduce the project. During Phase 2, one (1) hearing will be held in support of Task 4.3 Proposed Concept.

In addition to the Study Sessions outlined in Task 7.1, this scope includes in-person attendance by up to two (2) Senior Dudek staff at up to two (2) City Council hearings. During Phase 2, two (2) hearings will be held to discuss and approve the proposed concept as part of Task 4.2, as well as to review and approve Section A of the Riverside LAFCO annexation application as outlined in Task 7.2 General Plan Amendment and Pre-Zoning. As part of this task, Dudek will prepare the PowerPoint presentations for each hearing.

Deliverables/Assumptions
ƒ Draft and Final General Plan language to be inserted into the General Plan document (word) ƒ Draft and Final General Plan Land Use Diagram (electronic copy) ƒ Draft and Final Official Zoning Map (electronic copy) ƒ Dudek assumed that City Staff will prepare associated City resolution(s) ƒ Attendance and preparation for one (1) two-hour (120 minutes) City Council Study Sessions attended by up to two (2) Senior Dudek staff.
ƒ Attendance at up to two (2) total Planning Commission hearings and up to (2) City Council hearings by up to two (2) Senior Dudek staff.
ƒ Dudek will prepare presentation materials and facilitate discussion during the one (1) study session, two (2) Planning Commission hearings, and two (2) City Council hearings. ƒ Dudek assumes one (1) level of review for each draft deliverable. ƒ As defined in code (6.06.02.D Notification of the Board of Supervisors), Dudek assumes that the city will notify the Riverside Board of Supervisors of the proposed application of the pre-zoning process prior to submitting an application to LAFCO.

Agreement for Professional Services with Dudek for Annexation Services f... Page 223 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-27 ƒ Dudek will coordinate with the City to ensure that proper City review is provided throughout this process according to Chapter 6.02.04, Summary of Review Authorities for Decisions and Appeals. ƒ Dudek assumes that City staff will prepare all resolutions needed for the Riverside LAFCO application and that Dudek will provide support to review all staff reports and presentations for Planning Commission and City Council hearings.

Task 8 LAFCO Application
One of the final steps of this project will be working through, and ultimately submitting, a Riverside LAFCO annexation application. Having already worked through two Sphere of Influence reorganization requests with the City, Dudek will apply our working knowledge, relationships, and expertise to shepherd this process for the City. As discussed in Task 5 Strategy, Outreach, and Engagement, Dudek will coordinate with City and County staff, LAFCO staff, service providers, property owners and other interested parties prior to and as part of the application process. As part of the process (and as part of Task 1 Project Management), Dudek will use the regular biweekly meeting check ins to organize and ensure all relevant actions associated with this task continue and are implemented in a timely manner to ensure a smooth application submittal process. d^<ϴ͘ϭ WW>/d/KE WZ
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Dudek will lead the effort to compile all required elements of the Riverside LAFCO Annexation Application (Microsoft Word – 1. APP COVER – RIVERSIDE LAFCO.doc). The Riverside LAFCO application identifies ten (10) sections (A through J) that must be completed and submitted to LAFCO. The following outlines each required section, a brief description of the requirement and Dudek’s approach for compiling and/or developing all relevant elements.

Section A Initiation— A Resolution of Application by the City of Indio requesting the Riverside Local Agency Formation Commission to take proceedings for the change of organization. x The required Resolution will be collected as part of Task 7.2 General Plan Amendment and Pre-Zoning.

Section B Application Form—A brief LAFCO application form that identifies basic project information, including contact information, existing and pre-zoning, existing and proposed land use, etc. x Dudek will prepare Section B Application Form. It is assumed that one (1) round of review will take place with the City.

Section C Plan of Service – Each proposal for a change of organization must be accompanied by a Plan of Services. The Plan of Services identifies existing and planned services and improvements for the change of organization.
x Dudek will build off the previous tasks and will further detail the plans of services, as needed. At a minimum, the Plan will include the type, range, timing, and financing of planned services and improvements, including requirements for infrastructure or other public facilities. Dudek will coordinate with City staff to obtain information and will compile a Plan of Services (and associated mapping) accordingly.

Section D Project Boundary Description – LAFCO requires a sound boundary description that is acceptable to the surveying profession.

Agreement for Professional Services with Dudek for Annexation Services f... Page 224 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-28 x Dudek assumes that the City’s on-call surveyor will provide these services in response to Riverside LAFCO’s Section D and coordinate directly with the City and LAFCO. Dudek will provide a high-level review of the application materials prior to LAFCO submittal.

Section E CEQA Compliance – LAFCO requires an applicant to demonstrate compliance with the California Environmental Quality Act (CEQA).
x See Task 9 Compliance with California Environmental Quality Act.

Section F Fiscal Impact Report – A Fiscal Impact Report must be prepared for annexation projects that exceed 100 acres in size. Content for Section F will be obtained from work complete under Task 3.3 Fiscal Impact.

Section G Illustrative Maps – Section G provides guidelines for illustrations that must accompany the application. x Dudek’s GIS team will prepare Assessor maps and other appropriate Exhibits as detailed in the Riverside LAFCO Application package, or through coordination with LAFCO staff. At a minimum, Dudek will prepare the following maps:
o Exhibit(s) Showing Existing and Proposed Services: Exhibit should show existing service facilities (i.e.: water lines, sewer lines, parks etc.) locations and any proposed facilities in the vicinity. Show size of water/sewer lines and capacity of treatment plants. o Exhibit Showing Existing Land Use
o Exhibit Showing Existing Zoning
o USGS Topo Map
o Exhibit Showing Agricultural Preserves: Exhibit should show location of any agricultural preserves within a 1-mile radius of the proposal.
o Exhibit Showing Pre-zoning Designations.

Section H Fees – Section H lists fees required at the time of application as well as fees that might be required subsequent to Commission approval.
x Please see assumptions in the below “Deliverables/Assumptions” section.

Section I Sphere of Influence Amendment Supplemental Application – Required for all sphere of influence reviews and amendments.
x Since the proposed Project Area is located within the City’s existing Sphere of Influence, Section I is not needed. Should the Project Area change to include area outside of the City’s Sphere of Influence, Section I can be provided upon preparation of an additional scope and fee.

Section J Contribution Disclosure – Anyone who is involved with any annexation to be considered by the Commission and who has made a contribution of more than $250 in the past twelve months to any member of the Commission must disclose the Commission member to whom the contribution was made and the matter of consideration with which they are involved.
x If applicable, Dudek will collect this information from City staff.

Agreement for Professional Services with Dudek for Annexation Services f... Page 225 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-29 Deliverables/Assumptions:
ƒ Draft and Final Application materials (per Riverside LAFCO requirements outlined above; electronic copies)
ƒ Dudek assumes one (1) level of review the draft deliverable. ƒ The City will be responsible for all application, filing, and protest (if applicable) fees as described in the most current Riverside LAFCO application process. See Section H, Fees (https://lafco.org/wp-content/uploads/documents/application-materials/APPLICATION_PACKETCOMPLETE_1pdf) for the most recent fees as of January 2023. ƒ Dudek assumes that the City (and/or outside consultants) will be responsible for providing materials associated with Section A, Section D, Section H, and Section J as outlined above. The City will provide Dudek with the appropriate electronic or printed materials (excluding the fees associated with Section H) to include in the electronic submittal package. d^<ϴ͘Ϯ WW>/d/KE&/>/E'E>&KZ
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Dudek will be responsible for electronically compiling the City’s application for filing, and assumes that the City of Indio will be filing the physical application in person. As part of this task, Dudek will compile all required application materials and prepare an electronic package for the City’s review. Assuming that there are no major substantive changes at this point in the process, Dudek will review and respond to one (1) round of review of the City’s edits and prepare a final and digitized application package. Leading up to this, Dudek will prepare and continually update a working checklist/tracking sheet of all Riverside LAFCO Annexation Application requirements to ensure that filing is conducted in a thorough, comprehensive, and timing manner.

Deliverables/Assumptions:
ƒ Up to four (4) one-hour coordination meeting with the City to compile all files electronically for submittal.
ƒ Dudek assumes that all application materials will be printed and compiled by the City for physical submittal to LAFCO.
ƒ The City will be responsible for all application, filing, and protest (if applicable) fees as described in the most current Riverside LAFCO application process. See Section H, Fees (https://lafco.org/wp-content/uploads/documents/application-materials/APPLICATION_PACKETCOMPLETE_1pdf) for the most recent fees as of January 2023. ƒ This scope does not include resources to support the protest process should the city’s application be denied for whatever reason. Should a protest take place, the City would have the option to augment Dudek’s existing contract, in good faith.

Task 9 Compliance with California Environmental Quality Act (CEQA)
Dudek understands that the Project Area is largely passive open space with a limited amount of existing commercial development and resource extraction. As part of the Project, a land use and zoning designation would be proposed. Some of the subarea is covered by the CVMSHCP. Further, Dudek understands that there is no actual development proposed at this time, rather, the project would only consider the potential change of land use and zoning that will support the potential for subsequent development proposals that may require additional CEQA review. There are two potential avenues for the CEQA document: 1) an Addendum to the General Plan EIR or 2) a Supplemental EIR also tiering from the General Plan EIR. If the Project would not result in in any new,

Agreement for Professional Services with Dudek for Annexation Services f... Page 226 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-30 potentially significant impacts or an increase in the severity of potentially significant impacts previously identified in the certified 2019 General Plan EIR (SCH# 2015081021), an Addendum to the General Plan EIR would be possible to prepare. An Addendum is not publicly circulated but would need to be adopted by the City Council in a public hearing. We anticipate about 6 months to prepare the technical studies, draft the Addendum, and complete the City’s review process for the Addendum.

However, if the results of Tasks 2 through 7 present any new, potentially significant impacts or an increase in the severity of potentially significant impacts previously identified in the certified 2019 General Plan EIR, Dudek will provide a separate scope of services to complete a Supplemental EIR. A Supplemental EIR would take about one year to complete and entails a 45-day public review process. A Supplemental EIR is expected to also cost about twice what the Addendum for this project would cost.

Agreement for Professional Services with Dudek for Annexation Services f... Page 227 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-31 Phase 1 (FY 2024-2025) Cost Estimate
Task
Budget
Dudek CV Strategies Intersecting
Metrics
Pro Forma
Advisors
Total by Task
Task 1 Project Management $55,500 - - - $55,500

Task 2 Desktop
Opportunities and
Constraints Analysis
$97,600 - $6,600 - $104,500

Task 3 Market, Fiscal and
Economic Development
Analysis and Strategy
$4,550 - - $23,950 $28,500

Task 4 Conceptual
Scenarios
$71,900 - $47,600 - $119,500

Task 5 Strategy, Outreach
and Engagement
$70,500 $30,000 - - $100,500

Task 7 Project Approvals $39,000 - - - $39,000
PHASE 1 TOTAL
ESTIMATE $447,500
Note: The budget for Phase 2 will be determined based on the results of Phase 1 efforts and will be provided to City Staff along with any needed modifications to the Phase 2 scope of work prior to the Fiscal Year 25/25 budget consideration process.

Agreement for Professional Services with Dudek for Annexation Services f... Page 228 of 2161 Planning and Consulting Services for the East Indio Employment Corridor Project, City of Indio A-1 Process TimelineNote: Subject to change; included for informational purposes only

Agreement for Professional Services with Dudek for Annexation Services f... Page 229 of 2161

Agreement for Professional Services with Dudek for Annexation Services f... Page 230 of 2161 CORTESE-KNOX-HERTZBERGLOCAL GOVERNMENT REORGANIZATIONACT OF 2000

ANNEXATION/DETACHMENTIREORGANIZATION PROCEDURE DIAGRAM

COMMISSION PROCEEDINGS
AGENCY PRE-NOTICE . . . . . . NOTICEOF INTENT
Mailed notice by proponent to May be Initiated by resolution of application To CIRCULATE PETITION subject and Interested agencies by affectedagency. or petition with Must be filed with Executive at least 20 days before resolution reqUIred Signature 0f Iai'IdOWiiei'S0|“ Officer priorto circulation of adoption unless 100% consent registered voters. the petition. (optional).

RESOLUTION PETITION
Resolution of appliCation by Petition with required signatures of landowners or affected local agency. registered voters w/LAFCOfor speci?c signature requirement.

APPLICATION SUBMITTAL
Application is submitted to LAFCO in form required by
Environmental Review Commission to include resolution/petition, map, preis performed if LAFCO zoning (for city annexations) and legal description, is the lead agency. applicable fees. CEQA compliance documents and comprehensive plan for services.

Tax exchange resos APPLICATION REVIEW
are adopted by Request for information from other agencies or affected agencies, if applicable counties; Executive Of?cer prepares report and recommendation on proposal; report mailed at least 5 days priorto hearing.

NOTICE OF HEARING
Notice of Commission hearing is given by Executive Of?cer; notice given by posting, publication and *mailing to property owners and registered voters within boundaries (within 300- 500 feet) at least 21 days before date of hearing. *(If>2,000 notices, 1/8 page display ad in lieu of mailed notice.)

COMMISSION HEARING
At the hearing the Commission willconsider staff report and factors related to proposal. testimony of affected agencies and parties, service plan. CEQA documentation.and make
determinations.

COMMISSIONDEINIES PROPOSAL COMMISSIONAPPROVES PROPOSAL
Ifdenied, no Similar proposal may be made May be approved with revisions/conditions. Commission directs within one year. Executive Of?certo conduct protest proceedings. Approval expires within one year if not completed (see next page).

WAIVER OF PROTEST HEARING
Commission may waive hearing if 100%
landowner consent and concurrence from
affected agencies. (see next page)
Page

Agreement for Professional Services with Dudek for Annexation Services f... Page 231 of 2161 date that
1/8 page
5—d—l
lnhabited( registered voters) voters)
protest.
landowner protest.

CORTESE-KNOX-HERTZBERGLOCAL GOVERNMENT REORGANIZATIONACT OF 2000

ANNEXATION/DETACHMENTIREORGANIZATION PROCEDURE DIAGRAM

PROTEST PROCEEDINGS
A public hearing must be held to determine gsgfgng
whether there is enough protest to warrant an HEARING
election or terminate proceedings. Ifprotest is
waived, proposal
may be
NOTICE OF HEARING completed.

Notice is given by Executive Officer by posting, publication and *mailing to property owners and registered voters (if inhabited) within boundaries at least 21 days before date of hearing. The date of publication of the notice is the first protest forms can be signed.
*(lf>2,000 notices, display ad in lieu of mailed notice.)

PROTEST HEARING
Protest hearing is held by the Executive Officer on date and time of notice; written protests must be filed on LAFCO protest form with Executive Officer prior to the conclusion of the hearing and each must have proper date, signature, and address. Value of written protest determined by Executive Office within 30 days of hearing.

Un < 12 Inhabited (2 12 registered
< 50% landowner (value) protest. < 25% voter protest w
< 25% landowner
2 50% landowner (value) protest
between 25-50% voter protest. g
2 25%
2 50% voter protest.

ELECTION
Subject agency must call election by voters.

VOTERS APPROVE VOTERS DENY

TERMINATION
A certi?cate of termination is
prepared.

COMPLETION OF PROPOSAL
Once all term and conditions have been met, a Certificate of Completion is recorded. The change is effective upon recordation unless another date has been set by the Commission.

*Thnen an: nannrnliwad nrnr‘nr‘lilrnc Drnr‘nccinn nf :nanifir nrnnnenlc nan \Ianl elinh’rlu

Agreement for Professional Services with Dudek for Annexation Services f... Page 232 of 2161

APPLICATION
PACKET
2m:

Riverside Local Agency
Formation Commission
616Bro kt nA nu
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Agreement for Professional Services with Dudek for Annexation Services f... Page 233 of 2161 APPL CAT 0 PACKET CONTETN S I CHECKL ST
This packet contains the forms necessary to process most types of proposals (annexation and detachments) under the Cortese—Knox-Hertzberg Local Government Reorganization Act of 2000. Unless otherwise indicated, the applicant must file with the Executive Of?cer all the documents indicated below at the time of application submittal. Please submit unbound copies only.

A. INITIATION: Proposals for a change of organization/reorganization may be initiated in one of two ways: by resolution of an affected agency or by landowner/registered voter petition. Ifa proposal is to be initiated by petition, a Notice of Intent to Circulate Petition must be filed with the Executive Of?cer prior to circulation of the petition However, the Notice of Intent is not required for landowner petitions where all affected parcels are vested under a single ownership. See Section A for petition requirements, sample petitions and a sample resolution of application.

B. APPLICATION FORM: The Application Form included in Section B must be ?lled out completely and signed by the applicant.

C. PLAN OF SERVICES: The Plan of Services is the keystone of the proposal. The Plan must identify in detail how and when services will be provided and funded. Section C includes the standards for preparation of such plans. Submit unbound copies only.

D. BOUNDARY DESCRIPTION & GIS DIGITAL DATA SUBMITTAL: With few exceptions, each proposal must include a metes and bounds legal description and associated map prepared to speci?c standards of LAFCO and the State Board of Equalization. Boundary descriptions must be reviewed and approved by the Riverside County Survey Division. Refer to Section D for specific boundary description standards and who may prepare them. Additionally, Riverside LAFCO is requiring the submission of GlS/ESRI shape?les (.shp) with applications that include a proposed boundary change. Refer to this section for speci?ed GIS standards and requirements.

E. CEQA COMPLIANCE: Commission actions are subject to review under the California Environmental Quality Act. Section E describes the responsibility of the proponent/subject agency.

Submit unbound copies only.

F. FISCAL IMPACT REPORT: For applications for annexation into a city, where the proposal has a land area greater than 100 acres, a ?scal analysis is required as part of the application. One unbound copy of the analysis must be submitted. Please see Section F for additional details about the required ?scal analysis.

G. ILLUSTRATIVE MAPS: Section G provides guidelines for illustrations that must accompany the application.

H. FEES: Section H lists fees required at the time of application as well as fees that might be required subsequent to Commission approval.

I. SPHERE OF INFLUENCE AMENDMENTSUPPLEMENTAL APPLICATION: Required for all sphere of in?uence reviews and amendments.

J. CONTRIBUTION DISCLOSURE: State law requires the disclosure of contributions to Commissioners. Please see Section J for specific requirements and a list of Commission members.

As noted above, this packet provides the forms and information necessary to process most proposed boundary changes. Some proposals, however, will require supplemental forms and/or data. If you would like to process any of the following, please consult LAFCO staff for additional details: district formation, dissolution, consolidation, merger, establishment of a subsidiary district, city incorporation, disincorporation, activation of latent powers or extra-territorial service extension.

Revised 01/2019

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 ' www.lafco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 234 of 2161

SECTION A

INITIATION

Agreement for Professional Services with Dudek for Annexation Services f... Page 235 of 2161

PEIINN TTO I FORMATION
Includin Government Code Excerpts
Petitions must be submitted to the Executive Officer at the same time. 56703. A petition may consist of a single instrument or separate counterparts. All petitions shall be filed with the executive officer. Allcounterparts of a petition or of any supplemental petition shall be filed at the same time.

Petition signature and date.
56704. (a) Each person signing a petition shall, at the time he or she signs the petition, affix after his or her signature the date upon which he or she signs the petition. (b) If a petition is signed by registered voters, each person signing the petition shall, in addition to his or her signature, affix the date upon which he or she signs the petition and indicate on the petition his or her place of residence, giving street and number or other designation sufficient to enable the place of residence to be readily ascertained.
(c) If a petition is signed by owners of land, each person signing the petition shall, in addition to the signature and the date on which he or she signs the petition, include a written description sufficient to identify the location of the land owned by each person signing the petition.

Signatures must be collected within a six-month period. Once the last signature is collected, the petitions must be filed with the Executive Officer within 60 days. If these timeframes are not met, the petitions must be rejected.
56705. (a) Except as otherwise provided in subdivision (b), no petition shall be accepted for ?ling unless the signatures on the petition are secured within six months of the date on which the ?rst signature on the petition was affixed and the petition is submitted to the executive officer for filing within 60 days after the last signature is affixed. If the elapsed time between the date on which the last signature is affixed and the date on which the petition is submitted for filing is more than 60 days, the executive officer shall file the petition in accordance with Section 56709.

If there are not a sufficient number of signatures on the petition, the proponents shall be noti?ed. The proponents will have an additional 15 days to collect additional signatures and file the supplemental petition with the Executive Officer.
56706. (3) Within 30 days after the date of receiving a petition, the executive officer shall cause the petition to be examined by the county elections official, in accordance with Sections 9113 to 9115, inclusive, of the Elections Code and shall prepare a certi?cate of sufficiency indicating whether the petition is signed by the requisite number of signers.
(b) (1) Except as provided in paragraph (2), if the certificate of the executive of?cer shows the petition to be insuf?cient, the executive officer shall immediately give notice by certified mail of the insuf?ciency to the proponents, if any. That mailed notice shall state in what amount the petition is insufficient. Within 15 days after the date of the notice of insufficiency, a supplemental petition bearing additional signatures may be ?led with the executive officer.
(2) Notwithstanding paragraph (1), the proponents of the petition may, at their option, collect signatures for an additional 15 days immediately following the statutory period allowed for collecting signatures without waiting for notice of insufficiency. Any proponent choosing to exercise this option may not ?le a supplemental petition as provided in paragraph (1).
(0) Within 10 days after the date of filing a supplemental petition, the executive officer shall examine the supplemental petition and certify in writing the results of his or her examination. (d) A certificate of sufficiency shall be signed by the executive of?cer and dated. That certi?cate shall also state the minimum signature requirements for a sufficient petition and show the results of the executive officer's examination. The executive officer shall mail a copy of the certificate of suf?ciency to the proponents, i f any.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 0 www.lafc0.0rg

Agreement for Professional Services with Dudek for Annexation Services f... Page 236 of 2161 Petition Information

Insufficient petitions are filed as a public record. A new petition effort may be started at any time after the petition, or supplemental petition, is certified to be insufficient. 56709. If the petition, including any supplemental petition, is certified to be insufficient.it shall be ?led with the executive officer as a public record. without prejudice to the ?ling of a new petition. The executive officer shall give mailed notice to the chief petitioners, if any, stating that the petition has been found to be insuf?cient.

Various types of proposals have various petition signature requirements. The following table delineates the requirements for most types of proposals. Regarding special district formations, the principal act for each type of special district sets forth the specific petition requirements. Please consult LAFCO staff for assistance.

When making copies of your petition for circulation, please double-side the form. The signature page should not be on a separate sheet from the petition request.

PETITION REQUIREMENT FOR

REGISTERED VOTER AND LANDOWNER PETITIONS
Government
Code Section Type of Proposal Registered Voters OR Number of Owners ANDAssessed Value of Land Number
56764 Incorporation of a city 25% 25% and 25%
56765 Disincorporation of a city 25%
56766 Consolidation .oftwo or more 5% . Cities from each City 56767(a) Annexation to a city 5% 5% and 5%
56768 Detachment from a city 25% 25% and 25%
Annexation to registered-voter
56864(a) district or detachment from 25% 25% and 25%
registered—voter district
Annexation to landowner-voter
56864(b) district or detachment from 25% and 25%
landowner-voter distiict
Consolidation of registered- 5% 56865(a) voter districts from each district 56865(b) Consolidation of landowner- 5% from each district and voter districts 5% from each district
56870(a) D'SSOIUI'O”°f f3"ig's‘ered' 10% 10% and 10%
voter district
56870(b) Dissolution of alandowner- 10% and 10%
voter district
56860, District Formation mergers or Consult LAFCO Staff 56864.1, 56866
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 subsidiary district proposals

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
Revised 11/2018
www.13fco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 237 of 2161 INE | IIN
grior to circulating
OTIC OF T NTTO C RCULATE PET T 0
(This form is not required for landowner petitions where all affected/parcels are vested under a single ownership.)
Notice is hereby given of the intention to circulate a petition proposing to:
(Description of proposed change(s), e.g. Annexation to , detachment from ) The reasons for the proposal are:
(A written statement not to exceed 500 words in length setting forth the reasons for the proposal) The “Notice of Intent to Circulate Petition” must be filed with the Executive Officer of the Riverside Local Agency Formation Commission the petition.

Name and mailing address of proponent:

SIGNED BY:

DATED
Required Attachments:

Sample Petition
Description of Boundaries and Map of proposal
Revised 11/2018

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 ' www.13fco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 238 of 2161 1m: Io Exceed me)

PLEASE CONSULT LAFCO STAFF CONCERNING YOUR FINAL PETITION

PRIOR TO CIRCULATION

REGISTERED VOTER PETITION FOR PROCEEDINGS PURSUANT TO

THE CORTESE - KNOX - HERTZBERG
LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
The undersigned hereby petition(s) the Riverside Local Agency Formation Commission for approval of a proposed change of organization or reorganization, and stipulate(s) as follows:

This proposal is made pursuant to Part 3, Division 3. Title 5 of the California Government Code (commencing with Section 56650, Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000).

The specific change(s) of organization proposed (i.e., annexation, detachment, dissolution, etc.) is/are:

The boundaries of the territory included in the proposal are described in Exhibit(s) attached hereto and by this reference incorporated herein.

The territory included in the proposal is: D INHABITED D UNINHABITED (12 or more registered voters) (Less than 12 registered voters) This proposal Elis El is not consistent with the sphere(s) of influence of the affected city(ies) and/or district(s).

The reason(s) for this proposal islare:

This proposal is requested to be made subject to the following terms and conditions:

The persons signing this petition have signed as REGISTERED VOTERS.

Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000, et seq., of the Government Code and herewith affix signature(s) as follows:

THE CHIEF PETITIONERS OF THIS PROPOSAL ARE:
th
Printed Name Signature Mailing Address Date

NOTICE TO THE PUBLIC

THIS PETITION MAY BE CIRCULATED BY PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.

THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS

ABOUT THE MISUSE OF YOUR SIGNATURE MAY BE MADE TO THE
SECRETARY OF STATE’S OFFICE.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B, RIVERSIDE, CA 92506 0 PHONE (951)369-0631 wwaafco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 239 of 2161 547mm: cm,
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Registered Voter Petition

Each of us for himself or herself states: I have personally affixed my own signature and date of such signature to this petition. Further, I am an eligible registered voter of the County of Riverside, California, within the affected area of this proposal, at the time of signing and l have correctly printed my place of residence hereon. RESIDENCE means a number and street address or description suf?cient for the Registrar of Voters to locate property on a map. Post Of?ce box numbers or route numbers CANNOT BE USED AND WILL NOT BE ACCEPTED. I understand that this petition may not be circulated separately from a description of the area involved and a map showing the area involved. The speci?c proposal being requested must appear on the reverse side of this sheet.

DECLARATION OF CIRCULATOR (To be completed after above signatures have been obtained) (All blanks must be written in circulator's own hand)
, circulated this section of petition and
witnessed each of the appended signatures being written. Each signature on this petition is, to the best of my information and belief, the genuine signature of the person whose name it purports to be.

My residence address is
Allsignatures on this document were obtained between the dates of and I declare under penalty of perjury under the laws of the State of California that the foregoing declaration is true and correct.

Executed on at California.
(date) (place)
Complete Signature of Petition Circulator
Revised 11/2018

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 0 www.13fco.org

1. Prinl Your Name
as Registered to Vote
!. Prinl Your Name
Signature as to
i Print Your Name
Signalure as to
L. Print Your Name
Signature as to

3. Print Your Name
signature as Regislered to Vote

5. Print Your Name
Signalure as Registered to Vote
?. Print Your Name
Signature as Registered to Vote

3. Print Your Name
Signature as to

2. Print Your Name
Signature as Registered to Vote
10 Print Your Name
Signature as Registered to Vote
Residence Address Only
nesmenw nuulaoa Only
Residence Address Only
Residence Address Only
Residence Address Only
Residence Address Only
Residence Address Only
Residence Address Only
Residence Address Only
City
Residence Address Only
City
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
For Of?cial Use Only
For Of?dal Use Only
For Of?cial Use Only
For Of?cial Use Only
For Of?cialUse Only
For Of?cial Use Only
For Of?cial Use Only
For Of?cial USE Only
For Of?cial Use Only
For Of?cial Use Only
City
City

Agreement for Professional Services with Dudek for Annexation Services f... Page 240 of 2161

PRIO TO CI CULATION
( ree)

PLEASE CONSULT LAFCO STAFF CONCERNING YOUR FINAL PETITION

LANDOWNER PETITION FOR PROCEEDINGS PURSUANT TO

THE CORTESE - KNOX - HERTZBERG
LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
The undersigned hereby petition(s) the Riverside Local Agency Formation Commission for approval of a proposed change of organization or reorganization, and stipulate(s) as follows:

This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code (commencing with Section 56650, Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000).

The specific change(s) of organization proposed (i.e., annexation, detachment, dissolution, etc.) islare:

The boundaries of the territory included in the proposal are described in Exhibit(s) attached hereto and by this reference incorporated herein.

The territory included in the proposal is: ElINHABITED El UNINHABITED (12 or more registered voters) (Less than 12 registered voters) This proposal Cl is is not consistent with the sphere(s) of in?uence of the affected city(ies) and/or district(s).

The reason(s) for this proposal islare:

This proposal is requested to be made subject to the following terms and conditions:

The persons signing this petition have signed as OWNERS OF LAND.

Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000, et seq., of the Government Code and herewith affix signature(s) as follows:

THE CHIEF PETITIONERS OF THIS PROPOSAL ARE:

Not to exceed th
Printed Name Signature Mailinq Address Date

NOTICE TO THE PUBLIC

TH S PETITION MAY BE CIRCULATED BY PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B, RIVERSIDE, CA 92506 PHONE (951)369-0631 0 vwvaafcoorg

Agreement for Professional Services with Dudek for Annexation Services f... Page 241 of 2161 CANNOT BE USED AND WILL NOT BE ACCEPTED.
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Each of us for himself or herself states: I have personally affixed my own signature and date of such signature to this petition. Further, I am an owner of land, or legal representative of the owner, within the affected area of this proposal at the time of signing and I have correctly printed the Assessor Parcel Number or other description sufficient to identify the location of the land owned by the signer. Post Office Boxnumbers or Route Numbers I understand that this petition may not be circulated
separately from a description of the area involved and a map showing the area involved. The specific proposal being requested must appear on the reverse side of this sheet.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 ' PHONE (951) 369-0631 0 www.lafc0.0rg

1. Print Owner's Name
Date
Date
Date
or
Date
Date

11. Print Date
APN or other property description Date
APN or other property description Date
Signature
property Date
Print Owner's Name
Signature

3. Print Owner's Name
Signature

4. Print Owner's Name
. Print Owner's Name
Signature
. Print Owner’s Name
Signature
' Print Owner's Name
Signature

3.Print Owner's Name

9. Print Owner's Name
l0. Print Owner's Name
Signature
ignature
I2. Print Owner's Name
13 Print Owner's Name
Signature
Signature
APN or other property description
APN or other property description
City
APN or other property description
City
APN or other property description
APN or other property description
City
APN or other property description
0in
WW... description
APN or other property description
APN or other property description
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APN or other property description
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APN or other property
City
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or
Date
Date
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For Of?cial Use Only
For Of?cial Use Only
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For Of?cial Use Only
For Of?cial Use Only
For Of?cial Use Only
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For Of?cialUse Only
For Of?cialUse Only
For Of?cial Use Only
For O?cial Use Only

Agreement for Professional Services with Dudek for Annexation Services f... Page 242 of 2161 OR
SAMPLE
Resolution No.

A RESOLUTION OF APPLICATION BY THE

CITY OF DISTRICT REQUESTING

THE RIVERSIDE LOCAL AGENCY FORMATION COMMISSION

TO TAKE PROCEEDINGS FOR THE
(Change of organization or reorganization)
RESOLVED, by the City Council of the City of [Board of Directors of the District, that
WHEREAS, the City of District desires to initiate a proposal pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for the (annexation, detachment, etc.); and
WHEREAS, notice of intent to adopt this resolution of application has/has not been given to the commission, each interested agency and each subject agency at least 21 days prior to the adoption of this resolution; and
WHEREAS, the territory proposed to be annexed, detached, etc.) is inhabited/uninhabited, and a description of the boundaries of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, this proposal islis not consistent with the sphere of in?uence of the affected city and/or district(s); and
WHEREAS, it is desired to provide that the proposed (annexation, detachment, etc.) be subject to the following terms and conditions:
(list conditions); and
WHEREAS, the reasons for the proposed (annexation, detachment, etc.) are as follows:
(list reasons); and
WHEREAS, this Council/Board certifies that:
(findings pursuant to CEQA)
(over)

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 0 www.lafco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 243 of 2161 Sample Resolution

NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the City Council of the City of [Board of Directors of the District, and the Riverside Local Agency Formation Commission is hereby requested to take proceedings for the of territory as described in Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
*‘k********************** Passed and adopted by the City Council of the City of / Board of Directors of the District at a regular/special meeting thereof held on the day of 20 , by the following vote:

Revised 11/2018

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 www.13fco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 244 of 2161

SECTION B

APPLICATION FORM

Agreement for Professional Services with Dudek for Annexation Services f... Page 245 of 2161

APPLICATION TO THE RIVERSIDE LOCALAGENCY FORMATION COMMISSION

PROPOSAL FOR LAFCO USE
ONLY
III Petition.or D Resolution
III Authorizationto sign
I] Application Complete
I] Man/Leaal Description
APPLICANT I:I Maps CI GIS Digital Data
Name:

Address: El Environmental Docs (1 cow-unbound)
Citv. State. Zin: III F & G Fee Exemot. or Cl Receipt
Phone: Email: [I Prop. Tax Reso. El Master E] lndiv.

CONTACT PERSON/AGENT
Name: El CitvPre-zonino Ordinance
Address:

Citv. State. Zip: El S. O. I. Factors
Phone: Email: El Mailing Labels
NOTICES: List below the names, email address, and addresses of persons to whom notices and staff reports should be directed (3 maximum). In the event the document is too large to email, a hard copy willbe sent. Please provide ? sets of mailing labels for persons to whom notices and reports are to be sent.

Name: Telephone:

Address: City, State, Zip:

Email:

Name: Telephone:

Address: City, State, Zip
Email:

Name Telephone:

Address: City, State. Zip
Email
Does this proposal have the consent of 100 percent of the affected property owners? Yes E] No El If yes, include written statements of consent and proof of ownership (assessor roll printout, grant deed, etc). Also, attach all correspondence tolfrom existing residents and/or property owners.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 I PHONE (951)369-0631 0 WWW.lafco.org El Plan of Services (1mmbound)
ElLAFCOFees El Legal Descript. Den
.
{citv ac.) (1 unbalmd)

Agreement for Professional Services with Dudek for Annexation Services f... Page 246 of 2161 Application Form

AREA DATA
General Location:

Topography and signi?cant physical features:

Existing Estimated Existing Estimated
Acreage: Dwelling Units: Population:

Describe the proximity of the subject area to currently developed areas.

LAND USE

APPROVALS COUNTY CITY
General Plan Designations
Zonina or Pre-Zonina
Subdivisions
Is any portion of the subject territory within a redevelopment area? Yes No CI Is any portion of the subject territory subject to a Williamson Act Contract (Agricultural Preserve)? Yes El No El If yes, Contract/Preserve Number: Date established:

List all amendments by date:

Date Notice of Non-Renewal filed:

Has the city filed a protest pursuant to government code section 51243.5? Yes El No C] Provide an of?cial map of the Agricultural Preserve.

The City El will succeed I] will not succeed to the contract.

Applicant shall defend, indemnify and hold harmless the Riverside Local Agency Formation Commission (LAFCO),its of?cers, agents and employees from any claim, action or proceeding, and for any damages, penalties, fines or other costs imposed on or incurred by LAFCO wherein LAFCO, its officers, agents or employees should be named as a party in any litigation or administrative proceeding in connection with this application. Applicant agrees that LAFCO has the right to appoint its own counsel for its defense and conduct its own defense in the manner it deems in its best interest and taking such action shall not limitApplicant's obligation to indemnify and reimburse LAFCO, its officers, agents and employees.

Furthermore, I hereby certify that the statements and information presented within this application and associated attachments are true and correct to the best of my knowledge and belief. I acknowledge that anyone who is involved with any annexation to be considered by the Commission and who has made a contribution of more than $250 in the past twelve months to any member of the Commission must disclose the Commission member to whom the contribution was made and the matter of consideration with which they are involved. Furthermore, the Agent designated herein is hereby authorized to act on behalf of the Applicant for the purpose of processing this application until such time as written notice to the contrary is provided by the Applicant to the Executive Of?cer of the Riverside LAFCO.

Signature of Agent Date Signature of Applicant Date
Printed Name of Agent and Firm (ifapplicable) Printed Name of Applicant REVISED 02/2019

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B, RIVERSIDE, CA 92506 ' PHONE (951)369-0631 www.lafco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 247 of 2161

SECTION C

PLAN OF SERVICES

Agreement for Professional Services with Dudek for Annexation Services f... Page 248 of 2161

STA NDARDS FOR PREPA RATION OFAPLA OF SE RVICES
Each proposal for a change of organization or reorganization must be accompanied by a Plan of Services. The Plan of Services is the central document of the proposal. It is the basis for the staff and commission evaluation as to 1) the ability of the agency to provide services in a costeffective manner and 2) the benefit to be received by the area relative to alternative courses of action.

Plans of Services should be prepared based on the ultimate expected land uses in the affected area. A statement that an area is currently undeveloped and, therefore, will not require the extension of any services is not sufficient. Specific phasing assumptions should be utilized as the basis for the planned extension of services. The Plan of Service must include all of the following:
1 Furnish a map of the affected area and adjacent areas, depicting the applicable zoning/pre—zoning and other specific development approvals.

2. For each service to be extended to the area, the following information must be included A. A brief description of the level of service/ facilities currently available to the area through the current service provider. The description should include the location from which services are provided and the cost to residents/property owners for that service. (Also see illustrative map requirements.) B A comprehensive description of the level of service/facilities proposed to be provided, including the location from which services will be provided. (Also see illustrative map requirements.)
C. Whether construction of new facilities or upgrading of existing facilities will be required and whether additional personnel will be needed to extend the service. (Also see illustrative map requirements.)
D. An indication of when service willlikely be extended to the affected territory E Information with respect to the cost of each service/facility and the suf?ciency of revenues to cover those costs. Will the area be subject to any existing or new general taxes, special taxes, assessments or charges? If so, what is the amount?

3. Any special requirements, restrictions or exceptions regarding property use or improvements, e.g., sunset or grandfather provisions concerning animal keeping, requirement for sewers, etc.

4. For any proposal that would require retail water service, provide information regarding the timely availability of water supplies sufficient to meet projected needs, including this proposal. The water purveyor must supply this information. Pursuant to Cortese-KnoxHertzberg Local Government Reorganization Act, the information should be provided as specified in Government Code Section 65352.5.
5 The Plan of Services must be signed and dated by the executive officer (city manager, district manager) of the subject agency.
11/2018

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 PHONE (951)369-0631 ' www.13fco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 249 of 2161

PLAN OF SERVICES CHECKLIST
Provided is a checklist of information to be included in the narrative for plans of services. The purpose of the plan of services is to describe the service demand to be generated within the affected area once it is fully developed based on zoning/pre—zoning and indicate how that demand will be met. Generally, this plan of services matrix is applicable to city proposals. For special districts, only those services provided by the agency apply. Please keep in mind each proposal is unique. In some cases, staff might request additional information. Conversely, in some cases, some information might not be available or required. Please consult with LAFCO staff prior to submittal.

I. Backg round/Introduction
III For the proposed annexation area, state the purpose of the annexation.

El Describe the existing conditions, existing land use designations/zoning and proposed land use/zoning and development proposals.
ll. Police Protection
A. Current Service Provider
I]
:l
El
Level of service standards. These are the agency-wide targets/goals. 0 Officer to population ratio (i.e.: 1.0 officers per 1,000 population). 0 Response time goals by priority type.

What is the nearest station providing counter services to the affected area? 0 For County Sheriff which is the closest substation?
The actual level of service being provided within the unincorporated service area of a station.
0 Officer to population ratio.
0 Number of patrol hours per day.
0 What are the average response times by priority type within the general area?
List and brie?y describe any specialized units.

B. New Service Provider
El
El
Ell]
Number of sworn officers employed by the agency.

Level of service standards. These are the agency-wide targets/goals. 0 Officer to population ratio (i.e. 1.0 officers per 1,000 population). c- Response time goals by priority type.

The actual level of service being provided city-wide.
0 Officer to population ratio.
0 Number of patrol hours per day.
0 What are the average response times by priority type within the general area?
Based on land use and zoning/pre-zoning upon build-out of the affected area, how many additional personnel/facilities would be required to maintain to the existing level of service?
0 Should additional patrols and/or facilities be required what would the cost be and how willthey be funded?
What are the nearest two police stations providing counter services to the affected area?
List and brie?y describe any specialized units.

List and brie?y describe any cooperation agreements with other agencies.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE lll-B, RIVERSIDE, CA 92506 PHONE (951)369-0631 WWWJafconrg

Agreement for Professional Services with Dudek for Annexation Services f... Page 250 of 2161 Plan ofScwiccs Checklist

Ill. Fire Protection Services
A. Current Service Provider
El
[:IEIEI [II]
[I
El
Identify the location of the nearest three fire stations to the affected area and indicate which is the primary response station.

What is the distance from each of these stations to the affected area? What is the level of service standard?
0 Target response times (dispatch to arrival).

What are the actual average response times?
Briefly describe the type of equipment/staffing at each station. 0 Existing and planned.

Based on existing zoning/pre—zoning and land uses at build-out will additional facilities and personnel be required to maintain the existing level of service? 0 Indicate additional personnel/equipment required.

If yes, how willthey be funded?
Identify any fire services inter-agency agreements that would apply to the annexation area.

Provide a map of the annexation area in relation to the agency fire stations The following information is only required should there be a change in service provider.

B. New Service Provider
El
I’ll—ll] DE!
I]
:l
identify the location of the nearest three fire stations to the affected area and indicate which would be the primary response station.

What is the distance from each of these stations to the affected area? What is the level of service standard?
0 Target response times (from dispatch to arrival).

What are the actual average response times?
Briefly describe the type of equipment at each station. 0 Existing and planned.

Based on existing zoning/pre-zoning and land uses at build-out will additional facilities and personnel be required to maintain the existing level of service? 0 Indicate additional personnel/equipment required.

If yes, how willthey be funded
Identify any fire services inter-agency agreements that would apply to the annexation area.

Provide a map of the annexation area in relation to the agency fire stations.

IV. Water Services
One of the factors that LAFCOs must consider when reviewing a proposal is the timely availability of water supplies (Govt. Code Sec. 56668 (D). Please address the following in the plan of services so that we can better assess the timely availability of water supplies.

This information must be provided unless (a) the subject territory is substantially built out and there is no change in service provider; or (b) there is no change in service provider and there is no change in land use designation.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B,RIVERSIDE, CA 92506 ' PHONE (951)369-0631 ' www.lafco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 251 of 2161 Plan ofScWiccsChecklist

A. Current Service Provider
Generally, this will not apply since annexations to a public water purveyor (i.e. City and/or District) occur because there is no current retail provider. Examples of when this section willapply include:

A city assuming service from an existing water district.

A city or district acquiring a private utility/mutual water company or providing service within the utility’sservice area. . A merger, consolidation or dissolution of a water district.

1. Water Demand
Describe how water services are currently being provided.

Existing water demand within the District/City.

Total projected water demand at build-out within the existing agency boundaries based on existing zoning and land use designations.

Projected additional water demand within the subject area.

Has demand from this area been accounted for in an UWMP or WSA? (Provide one hardcopy and one electronic copy of each.) [IL—ll]

2. Water Supply
El Water resources currently available:
0 Identify each type.
e.g. imported, groundwater (current production and safe yield). reclaimed, etc.
0 Provide the amount of each resource.

El Future water supplies:
0 Describe by type and amount.

How willadditional supply be acquired?
El ls supply sufficient to serve the affected area?

3. Water Facilities
El Existing facilities in relation to annexation area.

El Are current facilities sufficient to serve this area? E] New facilities required.

B. New Service Provider

1. Water Demand
Existing water demand within the District/City.

Total projected water demand at build-out within the existing agency boundaries based on existing zoning and land use designations.

Projected additional water demand within the proposed annexation area.

Has demand from this area been accounted for in an UWMP or WSA? (Provide one hardcopy and one electronic copy of each.) |_lE| l_ll_l

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-13,RIVERSIDE, CA 92506 PHONE (951)369-0631 ' www.13fco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 252 of 2161 Plan ofServices Checklist

2. Water Supply
D Water resources currently available:
0 Identify each type.
e.g. imported, groundwater (current production and safe yield). reclaimed, etc.
0 Provide the amount of each resource.

El Future water supplies:
0 Describe by type and amount.

El Indicate whether the District/City has any polices for the use of potable water where non-potable uses are sufficient. o Ifyes, brie?y describe the policy.

3. Water Facilities
El Existing facilities in relation to annexation area.

El Will additional facilities be required to serve the annexation area? 0 Wells
0 Transmission lines
0 Storage
El Cost for connection
El Provide illustrative maps showing the District facilities (i.e. existing/proposed water lines) in relation to the annexation area.

V. Wastewater Services
This information must be provided unless (a) the subject agency territory is substantially built out and there is no change in service provider; or (b) there is no change in service provider and there is no change in land use designations.

A. Wastewater Demand
1:! Indicate whether wastewater services willbe required. 0 Treatment demand to be generated by the annexation area.

El Describe how wastewater services are currently provided to the annexation area.

El If existing development is on septic systems, under what circumstances wil l sewer connection be required?
B. Wastewater Facilities
Wastewater treatment capacity versus existing treatment volumes.

Existing facilities in relation to annexation area.

Will new facilities or expansion be required to service the annexation area? Cost for connection (i.e. sewer line extensions).

Provide illustrative maps showing the District facilities (i.e. existing/proposed sewer lines) in relation to the annexation area.

DECIDE
VI. Park and Recreation
A. Current Service Provider
I] Identify current service provider.

El Identify the nearest two parks that would be visited by the affected area.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B,RIVERSIDE, CA 92506 PHONE (951)369-0631 www.13fco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 253 of 2161 Plan ofServices Checklist

Describe acreage, facilities and services available at each park site What is the total park acreage?
0 Provide a general description of recreation programs.

El What is the level of service standard? (Target/Goal) o (e.g. 3 acres of parkland per 1,000 population) [3 What is the level of park services currently being provided? El Describe any interagency agreements.

O
O
B. New Service Provider
ID Identify the nearest two parks that would be visited by the affected area 0 Describe acreage, facilities and services available at each park site. 0 What is the total park acreage?
0 Provide a general description of recreation programs.

El What is the level of service standard? (Target/Goal) 0 (Le. 3 acres of parkland per 1,000 population)
l3 What is the level of park services currently being provided? El Describe any interagency agreements.

VII. Electricity
The following information is only required should there be a change in service provider A. Current
El Identify current service provider.

El What are the charges for the service?
B. New Service Provider
El Identify new service provider.
:I For changes of organization involving a change in provider, especially where services currently exist, are there any transition agreements (buy-out terms, etc.) in place? Ifyes, please describe.

E For developed areas describe the transition in services. 0 Will connection to the new service provider be required? 0 What would the cost be and who willbe responsible for those costs? I: Describe existing facilities in relation to the affected area.

C What are the charges for the service?
VIII. Library Services
A. Current Service Provider
*lf currently within the jurisdiction of the County Library System identify the nearest County Library available to the affected area and describe the following:

Identify current service provider.

Library weekly hours of operation.

Square footage of the facility.

Number of volumes.

Programs available.

Describe the type of cataloguing system.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 PHONE (951)369-0631 I www.lafco.org

DEIDEIEIEI

Agreement for Professional Services with Dudek for Annexation Services f... Page 254 of 2161 Plan querviccs Checklist

IX.

X.

III Describe any sister agencies, interagency agreements.

The following information is only required should there be a change in service provider New Service Provider
Identify new service provider.

Library weekly hours of operation.

Square footage of the facility.

Number of volumes.

Programs available.

Describe the type of cataloguing system.

Describe any sister agencies, interagency agreements

EIEIEIEIEIEJ
EI
Solid Waste Collection
A. Current Service Provider
El Identify current service provider.

III Identify services provided:
0 Types of service and frequency (i.e. green, solid, and recycle waste pick-up and bins)
o Bin sizes.
0 Bulky item pick-ups/drop-offs.
:1 Applicable charges for residential, commercial/industrialcustomers etc.

New Service Provider
:1 Identify new service provider.
3 Identify services provided:
0 Types of service and frequency (i.e. green, solid, and recycle waste pick-up and bins) o Bin sizes.
0 Bulky item pick-ups/drop-offs.

D Applicable charges for residential, commercial/industrialcustomers etc.

El Describe the transition in service providers.
0 When inhabited please describe how services willchange.

Street Maintenance
A. Current
El Identify current service provider.
[I Describe road improvement/maintenance programs and how they are funded 0 Specific maintenance cycles.
l3 Is there a road condition inventory system?
New Service Provider
III For city annexations, what is the maintenance cycle, such as slurry sealing? D Describe how road maintenance is funded.

III Is there a road condition inventory system?

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
BROCKTON AVENUE, SUITE 111-B, RIVERSIDE, CA 92506 PHONE (951)369-0631 - www.lafco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 255 of 2161 XII.

XIII.

Plan ofServices Checklist

I] Willthe annexation require improvements to existing roads? Ifyes, how willthose be funded?
Lighting/Landscapinngtreet Sweeping
A. Current
D Identify current service provider.

El Describe each type of service and frequency.

El What are the current charges for each service?
B. New Service Provider
El Identify current service provider.

El Describe each type of service and frequency.

El What are the current charges for each service?
Animal Shelter/ Control
El Describe services currently available and how willthat change upon annexation? El Ifinhabited, willthe current multi—yearlicenses be honored? Financial Information
A. Current
El General Taxes (e.g. transit occupancy tax, utility users tax, etc.) El Special Taxes (e.g. public Safety, recreation and park services, etc.) El Assessments (e.g. streetlighting, landscaping maintenance, street sweeping, library services, standby charges)
El Debt:
0 Describe any existing general bonded indebtedness that would be removed as a result of the change of organization.

B. New Service Provider
Identify each tax, assessment, and or debt that would be passed on to the annexation area.

El General Taxes (e.g. transit occupancy tax, utilityusers tax, etc.) E Special Taxes (e.g. public safety, recreation and park services, etc.) El Assessments (e.g. streetlighting, landscaping maintenance, street sweeping, library services, standby charges)
D Debt:
0 Describe any existing general bonded indebtedness that would extend to the annexation area.
11/2018

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 111-B,RIVERSIDE, CA 92506 0 PHONE (951)369-0631 www.13fc0.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 256 of 2161

SECTION D

BOUNDARY DESCRIPTION

Agreement for Professional Services with Dudek for Annexation Services f... Page 257 of 2161

AFCO BOU DA YDESCR PT ON& AP EQUIRE ENTS
BOUNDARY DESCRIPT 0N STANDARDS
LAFCO requires a sound boundary description that is acceptable to the surveying profession.

Requirements and the desired format are summarized below. Attached is a copy of the standards for Geographic Descriptions and Maps from the State Board of Equalization (SBE). These standards must be adhered to in your preparation of written boundary descriptions and maps for the proposal.

WHO CAN PREPARE: Boundary descriptions and supporting maps may be prepared by any person or firm which holds a current and valid State of California license as a Registered Surveyor or Registered Civil Engineer (with a number 33965 or lower).

BOUNDARY DESCRIPTION & MAP REVIEW: Boundary descriptions and supporting maps must be reviewed for form, content and accuracy. Prior to preparation please contact Crystal Craig at (951) 369-0631 if the engineer or surveyor has not previously prepared a boundary description for LAFCO.

All descriptions require review by the County Surveyor. The Surveyor Division has "Deposit-based Fees" for the costs of reviewing the descriptions. An initial deposit of $1,000, unless othenNise specified, is required from the applicant at the time of the LAFCO application submittal to initiate review of the boundary description and supporting maps. The check is made payable to “County of Riverside.” The Agreement for Payment of Costs is included in this section. Firms will work directly with the Surveyor’s Division in the checking process, usually via email.

GENERAL: Allcontiguous boundaries should match existing City, District or Sphere of Influence (SOI) boundary descriptions whenever possible. LAFCO staff willprovide information on existing boundaries.

Boundaries should include all territory out to the street centerlines unless otherwise instructed by LAFCO staff. Boundaries must follow existing lines of assessment and may not cut parcels.

FORMAT: The following elements shall be used:
1) Title
2) Caption
3) Township, Range and Section
4) P03, POC, TPOB starts at a known geographic location 5) Courses numbered in a consistent clockwise direction 6) Metes and Bounds
7) Area (acreage or square miles)
8) APN numbers
9) Signature & Seal
The caption, the statement of the point of beginning and the metes & bounds description should be separate, single spaced sentences, separated by double spacing.

TITLE: Should be centered, top of first page only.
a Exhibit “A" for both boundary description and Map. Additional exhibits may be used depending upon the actions being taken.
b LAFCO Number (willbe assigned by LAFCO staff).

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE 11[-3, RIVERSIDE, CA 92506 PHONE (951)369-0631 wwwlafcoorg

Agreement for Professional Services with Dudek for Annexation Services f... Page 258 of 2161

POINT OF BEGINNING

POINT OF COMMENCEMENT

TRUE POINTOF BEGINNING
Boundary Description & Map Requirements

CAPTION: This cites general location.

Example: Being a division of a portion of parcel x of parcel map xxxxx as shown by map on ?le in book xxx, pages xx-xx, of parcel maps...lying in a portion of Section x, TXS, RXW, S.B.M. or Rancho when applicable.

POB, POC & TPOB: The boundary description shall start at a point of centerline intersection, a section corner, or one-quarter section corner. If this point is on the boundary of a parcel to be described, it shall be the (PCB). Ifthe above point is not on said boundary, then it must be the (P00). A course, or courses, must then be described to arrive at a point on said parcel boundary, this shall be the (TPOB).

METES 8. BOUNDS: Describe the annexation boundary by metes and bounds. If full course data is not available use calls to adjoiners. Use to and along and double calls wherever possible.

AREA: State area (in acreage) enclosed within boundaries of the annexation.

WET SIGNATURE & SEAL: The map must be signed and stamped by either a licensed surveyor or a registered civil engineer holding a license number 33965 or lower.

CERTIFICATION FOR BOUNDARY DESCRIPTIONS: Please complete the “Certification for Boundary Descriptions" form that is included in this section.

AP STANDARDS
MAPS: Maps must be prepared in a professional manner, meeting both these standards and the attached requirements set forth by the State Board of Equalization (attached). The map must clearly show all pertinent information, including existing boundaries of City, District or *Sphere of In?uence (*in case a SOI amendment is required), all parcel boundaries with APNs which touch the exterior boundary, all dedicated streets etc. In rare circumstances where there is a large number of parcels and display of parcel lines and APNs would compromise the legibility of the map, this requirement may be waived. Maps must be on good quality paper, with all lines, lettering and information shown clearly, without smudges or fuzziness. Should you need to use cut sheets in order to meet the scale and size requirements, an index sheet must be included as part of the map.

MAP SIZE: The Riverside County Clerk-Recorder’s office requires that LAFCO maps be kept to the following sizes: 8 1/zx 11 or 8 1/2x 14. This size may require the use of cut sheets in order to maintain legibility. If cut sheets are used, the first page should be the index sheet illustrating the configuration used with the subsequent sheets. The first sheet shall have all the essential elements of title block, exhibit, LAFCO title etc.

TITLE: The title shall have the same three elements as used in the corresponding boundary description. This title can be at the top of the page or enclosed in a title block. It should be large enough to be immediately obvious.

NORTH ARROW & SCALE: All maps shall have a north arrow and scale listed. Please include a linear scale on the map.

ACREAGE: The acreage contained within the boundaries of the proposal shall be shown on the map.

VICINITYMAP: A vicinity map is required. It need not be to scale.

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 PHONE (951)369-0631 I www.1afco.org

Agreement for Professional Services with Dudek for Annexation Services f... Page 259 of 2161 Boundary Description & Map Requirements

WET SIGNATURE & SEAL: Same requirements as with written boundary description.

AP & BOUNDARY DESCRIPTION NOTES
1 The maps and written description should be in agreement and complement each other. Both map and written description should independently convey intended action. Map should not be ancillary to boundary description.
2 Exceptions: Complete sections, and whole aliquot parts of sections do not need metes & bounds descriptions when they are the entire area of the boundary change. 3 Not Allowed: Boundary descriptions written in one endless paragraph. Also maps with tape lines, transfer lettering, or adhesive shading materials. Maps must be clean, clear and originals.

No 2““,3rdor 4thgeneration copies.

If you have any questions, please call: Crystal Craig (951) 369-0631 Revised 12/2018

RIVERSIDE LOCAL AGENCY FORMATION COMMISSION
6216 BROCKTON AVENUE, SUITE Ill-B, RIVERSIDE, CA 92506 0 PHONE (951)369-0631 www.lafco.org