Agenda — Indio City Council, September 18, 2024 (part 2 of 3)

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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City Council
September 18, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Accept a Fiscal Year 2024-2025 State of California - Office of Traffic Safety (OTS) grant under the Traffic Records Improvement Project (TRIP) in the amount of $32,000

RECOMMENDATION:

Accept a Fiscal Year 2024-2025 State of California - Office of Traffic Safety (OTS) grant under the Traffic Records Improvement Project (TRIP) in the amount of $32,000, authorize the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio, and direct the Finance Department to adjust appropriations and estimated revenue as reflected in the financial details section of this staff report.

SUMMARY:

The State of California's Office of Traffic Safety (OTS) has awarded the City of Indio a $32,000 grant to support the Traffic Records Improvement Project. This funding will be used to enhance the city's traffic records by purchasing equipment and software for the electronic reporting of crash data.

These improvements will ensure that our traffic records are timely, accurate, and compatible with state and national data systems. By improving the quality and accessibility of this data, the Indio Police Department will be better equipped to analyze traffic trends, prioritize safety issues, and implement effective countermeasures to reduce crashes and improve overall road safety in the community.

BACKGROUND INFORMATION:

The State of California's Office of Traffic Safety’s mission is to administer traffic safety grant funds provided by the National Highway Traffic Safety Administration (NHTSA). The grant funds are intended to create and keep programs to address current and future traffic safety needs. OTS also mounts public awareness campaigns and acts as a primary traffic safety resource to enlist the help of the general public and the media to reinforce the ongoing education and enforcement efforts of local agencies. The City of Indio has historically received grants from OTS to support our Traffic Unit's enforcement and training efforts.

The purpose of the Traffic Records Improvement Project grant is to enhance the accuracy, efficiency, and accessibility of traffic data, ultimately improving road safety and reducing traffic- related injuries and fatalities. The grant will fund the purchase and implementation of a new electronic crash reporting solution, ensuring that crash data is accurately and promptly submitted to state and local records management systems. Additionally, the grant will support the integration of mobile printers into our existing electronic citation reporting system, streamlining the citation process AGENDA ITEM #8.8
Accept a Fiscal Year 2024-2025 State of California - Office of Traffic S... Page 98 of 355 and improving the overall efficiency of traffic enforcement operations. These enhancements will enable the department to better analyze traffic trends, prioritize enforcement efforts, and implement effective safety measures.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$32,000 In current year budget: No
Current FY General
Fund Impact:
$0.00 Budget adjustment: Yes
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Office of Traffic Safety - OTS Fund-Org-Object Reference:
225 - Various

Additional Financial Details:

Increase appropriations:
225-531018 Software/Computer
Supplies $25,000.00
225-531060 Small Tools & Equipment $7,000.00
$32,000.00
Increase estimated revenue:
225-402325 State Grant $ 32,000.00

ATTACHMENTS:

Attachment 1: DRAFT Grant Agreement - TR25031

APPROVAL(S):

Brian Tully, Chief of Police Approved - 06 Sep 2024
Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Sep 2024 Ruby D. Walla, Director of Finance Approved - 08 Sep 2024 Bryan H. Montgomery, City Manager Approved - 09 Sep 2024

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
TR25031

1. GRANT TITLE
Traffic Records Improvement Project

2. NAME OF AGENCY 3. Grant Period
Indio From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Indio Police Department

5. GRANT DESCRIPTION
State and local agencies need timely, accurate, complete, uniform, integrated, and accessible traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to improve the quality of the State's crash and citation data through various efforts such as: purchasing equipment or software for electronic reporting of crash data, citation data reporting and collection, improving the compatibility of crash and/or citation data with the state and national data systems, enhancing the ability to analyze trends in crashes, crash outcomes, and contributing factors, etc.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $32,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of thi s agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Erika Martinez

Division Chief of Support Services

[email protected]

(760) 541-4521

46800 Jackson Street
Indio, CA 92201
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Bryan Montgomery

City Manager

[email protected]

(760) 391-4015

100 Civic Center Mall
Indio, CA 92201

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ruby Walla

Finance Director

[email protected]

(760) 391-4029

46800 Jackson Street
Indio, CA 92201
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $32,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$32,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $32,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

L852WV7G8PK5

100 CIVIC CENTER MALL
INDIO
92201-4434
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
TR25031

1. PROBLEM STATEMENT
The City of Indio is home to about 91,000 (2022 Census estimation) residents and an additional approx.35,000 part-time residents during the Winter/Spring seasons within 33 square miles. The community is located within the Coachella Valley in Southern California, which is home to longstanding events such as the Coachella and Stagecoach Music Festivals which brings a combined 400,000 additional visitors within a three-week period. We have 405 roadway miles in our city, with 13.2 miles consisting of 6-lane major arterial roads and 52.6 miles of 4-lane boulevard roadways. Between January 1, 2023 and December 31, 2023, the Indio Police Department reported a total of 440 total crashes, which resulted in 10 fatalities.

The Indio Police Department faces significant challenges in efficiently reporting and managing traffic-related incidents and citations. The current systems used for crash and citation reporting are outdated and lack integration capabilities, leading to delays and inefficiencies. These issues hinder the timely submission of crash reports to the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) and limit our ability to share citation data with our departmental records management system (RMS) and local court records system.

Without a modern electronic crash reporting solution and a Traffic Crash Database System Interface, the department struggles to maintain the accessibility and completeness of traffic data, which is crucial for identifying trends, deploying resources effectively, and enhancing road safety initiatives in a timely matter.

The lack of mobile printers further exacerbates these challenges, making it difficult for officers to issue citations and process traffic incidents efficiently on the scene. This inefficiency can lead to increased administrative burdens, delayed enforcement actions, and missed opportunities to prevent traffic violations.

Funding for the purchase and implementation of a new or upgraded electronic crash reporting solution, a Traffic Crash Database System Interface, and mobile printers is essential. The integration of an electronic citation reporting system, combined with mobile printers, will streamline citation processing, minimize paperwork, and ensure seamless communication with both our RMS and local court systems.

These improvements will ensure that the Indio Police Department can efficiently manage traffic incidents and citations, comply with state reporting requirements, and support ongoing efforts to enhance public safety. By investing in these technological solutions, we will reduce traffic-related injuries and fatalities, increase operational efficiency, and provide more reliable and timely information for traffic safety analysis and decision-making.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

B. Objectives: Target Number

1. Purchase and implement a new electronic crash reporting solution or upgrade an existing electronic crash reporting solution to allow for submission of complete crash reports to the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), and/or to a departmental records management system (RMS) as applicable.
1 2. Purchase and implement a new complete electronic citation reporting solution or upgrade an existing electronic citation reporting solution that includes the capability of exporting data to both a departmental records management system (RMS) as well as to the local court records system, if and when the local court can receive electronic citation data.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Determine specific system requirements.
 Determine specific equipment requirements.

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 Request vendor price quotation per host agency requirements.  Procure an electronic crash reporting system with the following functionalities:
 System licensing with installation and training.
 GIS based mapping.
 Segment crash diagraming tool.
 Ability to create or import crash reports.
 Ability to import and export agency RMS files.
 Ability to perform complete analysis of crash reports.  Secure database accessible by appropriate agency personnel.  Ability to export complete crash report to the California Highway Patrol’s Statewide Integrated Traffic Records System.
 Procure an electronic citation system with the following functionalities:
 System licensing with installation and training.
 Ability to import and export to agency RMS files.
 Ability to perform complete analysis of citation reports.  Secure database accessible by appropriate agency personnel.  Ability to export complete citation reports to the local county court.

B. Phase 2 – Program Operations (Throughout Grant Year)  Select vendor for system development, implementation, and installation.  Monitor and oversee progress of system/software development.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)  Prepare and submit grant claims invoice (due January 30, April 30, July 30, and October 30).  Successful project completion and confirmation of successful electronic transmission of crash reports by the California Highway Patrol is required before submission of invoice claims seeking reimbursement from OTS.
 Prepare and submit quarterly performance reports (due January 30, April 30, July 30, and October 30).
 Collect and report quarterly appropriate data that supports the progress of goals and objectives.
 Provide a summary of quarterly accomplishments and explanations for objectives not completed.
 Collect, analyze, and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
TR25031

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405c TR-25 20.616 State Traffic Safety Information
System Improvements
$32,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Traffic Crash Database System Interface 405c TR-
25 $25,000.00 1 $25,000.00
Category Sub-Total $25,000.00
E. OTHER DIRECT COSTS
Mobile Printer 405c TR-
25 $1,000.00 7 $7,000.00
Category Sub-Total $7,000.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $32,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
TR25031

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Traffic Crash Database System Interface - Computer programming required to interface crash database with other existing agency, Records Management Systems, or CHP’s Statewide Integrated Traffic Records System database allowing the systems to be electronically integrated for transfer of data.

OTHER DIRECT COSTS
Mobile Printer - Mobile printers to be used with electronic citation devices for traffic officers to print the citation in the field. Costs include the purchase of the printer, accessories, and associated shipping and taxes.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
TR25031

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. Y ou also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, comple te, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Sa fety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contra ct, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will in crease the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretar y of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

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City Council
September 18, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Professional Services Agreement between EN Engineering, LLC and the City of Indio for Engineering, Consulting, Project, and Construction management in the amount of $945,080.52

RECOMMENDATION:

Approve the sole sourced professional services agreement between EN Engineering, LLC and the City of Indio for Engineering, Consulting, Project and Construction management in the amount of $945,080.52

SUMMARY:

The City of Indio has undertaken a project to bring fiber Internet services to unserved and underserved areas, as defined by the California Public Utilities Commission (CPUC), in Indio. This project is funded by $8.9 million Federal Funding Account grant administered by the CPUC. The City has been engaged with Magellan Advisors, now EN Engineering, throughout our journey towards the buildout of fiber throughout Indio. Staff is recommending a sole source agreement between the City of Indio and EN Engineering through the completion of this project. If the agreement is awarded to EN Engineering by Council, the City will save time and money as EN Engineering is already intimately familiar with this project and have already completed most of the design work. If awarded, EN Engineering will be able to step in on day one of the project and not require any time to get up to speed on the project as they already know all the nuisances and intricate details. Given the City has an 18 month turn around to for the build out for this project, time is of the essence.

BACKGROUND INFORMATION:

In July of 2021, the City of Indio awarded Magellan Advisors the contract to complete a fiber master plan for the City of Indio. In August of 2022, Magellan Advisors completed the fiber master plan and it was adopted by City Council at the August 17, 2022, meeting of the City Council. In September of 2022, the City of Indio applied for the Local Agency Technical Assistance (LATA) Grant and later received a $256,746 grant to design a fiber network throughout the City of Indio. In January of 2023 the City of Indio awarded the fiber network design to Magellan Advisors. Magellan Advisors has since completed the design work funded by the LATA grant. In September of 2023, the City of Indio applied for the Federal Funding Account Grant through the California Public Utilities Commission (CPUC). In August of 2024, the City was approved for a $8,944,468 grant to build out the fiber to unserved and underserved areas, as defined by the CPUC, in Indio.

FINANCIAL SUMMARY:

AGENDA ITEM #8.9
Professional Services Agreement between EN Engineering, LLC and the City... Page 113 of 355 Current FY Financial
Impact:

In current year budget: N/A
Current FY General
Fund Impact:

Budget adjustment: N/A
Next FY Financial
Impact:

Strategic Objective: Community Infrastructure
Source of funds: FFA Grant Fund-Org-Object
Reference:

Additional Financial Details:

The City has been awarded an $8.9 million Federal Funding Account grant administed by the California Public Utilities Commission.

ATTACHMENTS:

Attachment 1 - PSA-EN Engineering
Attachment 2 - 2406166.00 - Indio - PMCM Proposal

APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 10 Sep 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 10 Sep 2024 Ruby D. Walla, Director of Finance Pending
Rachel Pust, Finance Manager Pending

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION

AND

EN ENGINEERING

AN ILLINOIS, LIMITED LIABILITY COMPANY

Form Approved 09/01/2022

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PROFESSIONAL SERVICES AGREEMENT

FOR FIBER NETWORK CONSULTING
BETWEEN THE CITY OF INDIO AND EN Engineering, LLC

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 18th day of September 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and En Engineering, an Illinois Limited Liability Company (“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 the performance of the fiber network consulting, design engineering, project and construction management 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 July 31, 2027, 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 appr opriated 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 Se ction 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 Con sultant 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 $945,080.52, 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 revi ew 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 pai d 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 Co nsultant 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, Consultant shall turn over to City all such original ma ps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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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 desir able to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, 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, s ound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, 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.

(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

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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 otherwis e 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 s ervices similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general

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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 Consu ltant 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 ra tes and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless fo rm any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or 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, “construc tion" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

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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 pr oduct 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 subcon sultants, 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 conce rning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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(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 reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. 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 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

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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.

(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.

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(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 th is 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 de emed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

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

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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: EN Engineering, LLC
Attn: Jory Wolf
3105 Mountain Park Drive
Calabasas, Ca 91302
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 Co nsultant 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, 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.

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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.

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

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

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a 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 [Insert description of services, e.g. Accounting Services] BETWEEN THE CITY OF INDIO AND [Insert Consultant’s Name]

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: ______________________________
Patrick Carr
Senior Vice President

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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Statement of Work
PHASE 1: PROJECT MANAGEMENT
EN Communications will provide an experienced Project Manager (“PM”) and Project Management Team to oversee all technical and operational tasks required to support of the launch of the City’s project. Additional resources including EN communications’ Project Executive, Technical Consultants, and others will be tasked with fulfilling various portions of these tasks throughout the duration of this engagement. Expected tasks include:
• Manage and coordinate day-to-day activities of moving the City’s network into construction as expeditiously as possible following the City’s procurement process, contract approval and notice to proceed.
• Ensure all State/Federal Funding contract requirements are included in each procurement where necessary.
• Manage Project Capital Expenditure budgets and develop reports as necessary. • Team with Construction Manager and Construction Inspectors to manage the project implementation plan, including tracking to schedule, budget, issues identification and resolution, and risk mitigation.
• Provide regular progress reports, and schedule and coordinate all project related calls, as well as ad-hoc vendor/coordination discussions. • Refine and revise the project implementation plan to reflect the OSP buildout schedule and all necessary steps to implement and turn-up the network. • Work with EN Communications’ Subject Matter Experts (SMEs) to create the designs, functional specifications, scopes of work, and RFP’s necessary for implementation of [project name] including network equipment, inside plant, service fulfillment, and operational services. EN Communications’ SME’s will research and advise on all options available to the city specific to each procurement including value-engineering designs, developing Statements of Work (SoW), and validating costs to budget. Our team will deliver customized SOWs for each procurement, recommend the appropriate procurement vehicle, and participate in the procurement process including pre-bid conferences, bidder inquiries, issuing RFP addendums, evaluating bids, making recommendations, and assisting in final negotiations. • Request For Proposal (“RFP”) oversight, pre-bid meetings, Question & Answer (“Q&A”), addenda, short-listing and selection of contractors.

Project related procurements may include:
• Fiber-Optic OSP Construction
• Inside Plant (ISP), Power, Environmental, Access Security, etc. • Network Equipment and Software
• Wholesale Internet and Transport Services

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Implementation work is expected to involve:
• Manage design changes, and value engineering opportunities for the fiber-optic network, including coordinating all project approvals/changes, change orders, billing/invoice approvals by vendors, and other project administrative functions. • Work with EN Communications SME’s and vendors to ensure that equipment and software are implemented, configured, and tested prior to launch. • Assist in development of job descriptions, interviews, staffing readiness, and suggested workplace environment.
• Develop and oversee acceptance tests of the network and services. • Oversee production launch based on rollout plan with post-rollout review.

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PHASE 2: CONSULTING AND PLANNING
Partnership Negotiations
EN will assist the client in determining terms and conditions of an agreement with its selected partner and assist the client in negotiating a long-term public-private partnership agreement. EN will work closely with the client to participate and advise throughout the negotiation process, including developing and drafting a Term Sheet for the client to review and negotiate from. EN will specifically assist the client in determining the best terms that address the following key terms:
• Client broadband services for public facilities
• Retail services & pricing to a range of customer segments, which may include residential and/or commercial
• Retail services & pricing to government, education, healthcare, and anchor organizations
• Retail services that leverage other utilities for outsourced content and services • Fiber leasing arrangements
• Revenue sharing agreements
• Open Access Model compliance
• Milestones & performance schedules to guarantee delivery of services • Partnership arrangements with third-party asset owners (County, cities, other private telecoms)
• Others to be determined throughout the course of negotiations.

Partnership Agreement
EN will assist the client in developing a partnership agreement with the selected provider from the previous bidding process. The partnership agreement will include terms and conditions to provide mutual benefit to both parties. These may include:
• Network peering
• Sales and marketing
• Wholesale/retail broadband services
• Funding/investment
• Network management
• Broadband adoption
• Compliance, monitoring, and oversight
• Partner funding, resources, and asset flows
• How does money flow? Who pays whom, when, and for what? What triggers payment?
• How do assets flow and under what terms? Are assets given, granted, loaned, or leased?
• What resources are provided via partnership agreements (e.g., staff, services, customer records)?
• Procurement
• Financing parameters
• Operational parameters
• Key Components of a Partnership Contract

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• The parties involved
• The expectations of the partnership
• Roles and responsibilities
• Expected deliverables
• Project timelines and milestones
• Dependencies and/or risks that could inhibit performance • Remuneration (e.g., cost-sharing, rates, charges)
• How intellectual property (IP) will be shared and managed • Procedures for managing change
• Terms for dispute resolution
Partnership Award and Presentation
EN will assist the City in finalizing the Partnership Agreement, assembling all related documents and attachments and preparing the documents for signature. We will assist presenting the terms and conditions of the agreement to City Leadership and in preparation of the staff report to City Council for approval. EN will assist the City in presenting the Agreement to Council for approval.

CEQA Exemption Research and Documentation
Anticipating the Project would be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(b) (Class 1, Existing Facilities), Section 15303(d) (Class 3, New Construction or Conversion of Small Structures), and Section 15304 (Class 4, Minor Alterations to Land). Under this scope of work, EN will develop a CEQA Exemption Consistency Memorandum to document the Project’s ability to meet the Class 1, Class 3, and Class 4 exemption criteria for successful CEQA compliance.

Grant Reporting & Administration
During the 18-month grant implementation period, EN Communications will provide tracking and reporting of documentation as required by the CPUC for grant reporting, including regular monitoring of eligible expenses, drafting quarterly narrative reports, updates, and tracking filing deadlines and dates, as required by the grant conditions.

PHASE 3: PROJECT ENGINEERING
EN Communications proposes to continue providing engineering support for the project during the full construction and deployment effort. Engineering support will include a design project management resource, additional fielding efforts in the market as needed, and ongoing management and oversight from EN Communications. EN will utilize the existing conceptual design to move forward with field engineering, low-level design, and subsequent deliverables.

EN Communications will provide a biweekly meeting that includes but is not limited to the appropriate Project Manager and a representative from the design engineering team associated with the current phase of the design process. Design will provide a progress update through a geospatially referenced representation of the network (often a Google Earth KMZ) biweekly. We will provide this throughout task 2 as outlined below. Task 2 will

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commence upon the completion of the conceptual design in accordance with the requirements listed in Appendix A. The current conceptual design is as follows:

Figure 1. Indio Broadband Project Overview

High-Level Design (Path & Placement Design)
The high-level design will begin once the conceptual design has been approved by the client and task 2 has commenced. During this portion of the design engineering, emphasis will be put on optimizing fiber cable design, vault locations, and existing asset verification.

This includes minimizing obstacles meeting the requirements of all fiber networks, and right-sizing key grant submittal metrics. Fibercable path will be optimized to balance the construction costs vs network infrastructure requirements of the client and their partners.

During this step we will investigate Rule 20, Moratoriums, easements, wetlands, railroad, and DOT crossings along with any other authorities that may impact design.

Deliverable
The high-level design that is to be submitted to the client will consist of a geospatially referenced representation of the network, most often submitted in the form of a Google Earth KMZ. This will include the fibercable design along with relevant design elements, as described in Appendix B. The high-level design will also include preliminary construction total estimate. The client is to review and approve the high-level design on an agreed timeline before fielding or low-level design begins.

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Field Engineering
Upon approval of the high-level design, design engineering will continue through fielding which will consist of four separate components: aerial fielding, underground fielding, site verification, and existing asset verification. Fielding will utilize the design created high-level phase to perform the work indicated below. EN will utilize a combination of ESRI Field Maps and/or Katapult/IKE software.

Fielding Components
• Aerial fielding is the collection of existing pole data such as images and existing pole attachment heights to be delivered to our internal design team. • Underground fielding consists of identifying the type and location of existing utility surface structures that directly affect or conflict with the proposed underground design.
• Site walkouts will consist of coordination with a client representative for the on-site visit and data collection of the sites in which fiber is being designed. • If the client has existing assets, fielding may also include data collection such as verifying the location and size of interconnection points between the new and existing network. EN will not be responsible for verifying the constructability of the client-owned existing assets. Often, this is done in parallel with underground fielding.

Deliverable
All products of fielding will be internal-only. Not all components fielded will necessarily be utilized in the subsequent steps based on fielding outcomes and design standard expectations.

Low-Level Design
After fielding and make-ready has been completed, design engineering will proceed to the next step known as the low-level design. Here we will focus on fiber infrastructure design such as fibercable size, splice closure locations, slack loops and more. It is also during this step that we procure estimated construction costs based on construction totals and market research.

Deliverable
There will be three primary client deliverables during this phase including (1) a geospatially referenced representation of the network, (2) a preliminary bill of materials and (3) preliminary aerial and underground construction prints. At the point of this submittal, EN and the client will review all provided materials, outline the design, and grant driven changes from original conceptual design.

Final Design
The final phase of Task 2 of the design engineering process is the final design prior to client submittal. This phase is to finalize the network design to ensure the client has the full network design and all documentation that supports the implementation of the construction stage. This starts with performing any changes outlined in the low-level design review.

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When this is complete, the ultimate step is to provide accurate totals and cost estimates, any associated grant materials, and construction prints and permit research. EN will have a final review with all key stakeholders to review all the scope and address any questions or concerns.

Deliverable Outlined in Appendix “B.”
Permitting
Permitting work involves identifying all permit agencies for all city, county, environmental and historic preservation agencies across the project area.

Permitting Application Preparation & Submittal
Local conditions and variables affect the exact type, number and cost of required permits.

Specific requirements for the number and types of permits required will be be determined during low-level design. EN can provide all materials for permits applications and assist with preparation and submittal on a time and materials basis. In addition to fees for any local encroachment, excavation, or building permits, on average, EN has found permit application preparation costs in California, depending on specifics within each jurisdiction, range between $1,700 to $4,200 for each Caltrans crossing, $1,500 to $2,700 for railroad crossings; wetlands permits start at $1,500, but can vary depending on local conditions.

Refer to rate sheet on Table 1.

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City of Indio, CA July 30, 2024

PHASE 4: CONSTRUCTION MANAGEMENT AND

INSPECTION
EN Communications’ Construction Manager (“CM”) will act as the client’s liaison to the Outside Plant (OSP Construction Contractors) team and will manage the overall construction of the City’s fiber-optic network(s). The CM will review overall compliance with project schedules and specifications, assessing Contractor adherence to public works and right of way restrictions, performance of construction activities, and development of applicable project documentation.

Other tasks that will be performed include:
• Managing the overall Construction deployment of the Outside Plant (OSP), ensuring schedule management, specification compliance and documentation. • Approving all materials to be used in the job and all construction subcontractors. • Act as the main point of contact for selected OSP Contractor, addressing field issues, coordinating daily activities, assessing compliance of safety requirements and with applicable permits.
• Coordinating with the City as applicable on construction activities, material access and handling and administrative requirements.
• Coordination with construction vendor, assessing adherence to schedule commitments, tracking completion of defective items, assisting final completion and delivery, and turnover to operations.
• Review of production installations to specifications and schedule timelines. • Identifying any issues with, and resolution of, applicable action items.

EN Communications will provide Construction Inspection (“CI”) services for the client as [client name]’s network is constructed. EN Communications has assumed at least (1) one construction inspector to start but may require a second. Our estimates include a single inspector for either each Construction Prime Contractor, or for every 4 construction crews.

Inspector count could increase if project is large geographically.

EN Communications’ construction inspectors will provide on-site supervision to determine compliance with project specifications, safety and permitting requirements. In addition, EN Communications will provide quality review on installation and ground restoration in real time. All field data and information related to changes in the field, as built and redline information will also be acquired and reviewed in real time. In addition to these services, on- site inspection services provide field representation, to assist the client with oversight of crews in the field. Field inspection services include the following, as well as per diem, lodging, and vehicles for local CI resources up to 6 days per week:
• Real time inspection services, including compliance and specification review of installations.

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• Onsite assessment of installed quantities and installation quality assurance. • Review of compliance with safety standards including traffic compliance and permit- specific requirements.
• Review of compliance following the National Electric Safety Code. • Onsite supervision of fiber-optic testing (OTDR and power meter) and compliance. • Field level decision-making to minimize crew downtime. • Review of deliverable accuracy for all documentation including red lines, directional bore logs and production sheets.

As-Builts
EN proposes to complete the as-built digitization of 397,366’ linear feet of fiber project as- builts, which will enable the City to accurately collect, track, analyze and report on key broadband infrastructure assets that it has deployed and operates across the city. We propose to first build a geo-correct layer for the City’s conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related information as listed below under GIS Data Feature Class Layer Assumptions from these layers, we will proceed to identify all fiber-optic assets placed during the city’s Fiber Optic Network roll-out and document types of fiber cable, strand count, splice points, splice cases, slack loops, terminations, and related information.

EN will use the existing client schema or utilize an industry standard from the design phase if not applicable. All construction data and information related to changes in the field, as- built and redline information will be acquired and reviewed in real time. In addition to these services, on-site inspection services provide field representation with oversight of crews in the field.
• Redline requirement support
• Fiber testing review
• GIS support and integration into client FMS system

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Project Timeline
◆ Ongoing Task
 Deliverable
Phase
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Month 8
Month 9
Month 10
Month 11
Month 12
Phase 1: Project Management ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆
Phase 2: Consulting and Planning ◆ ◆ ◆ ◆ ◆ ◆ ◆ 
Phase 3: Project Engineering ◆ ◆ ◆ ◆ ◆ 
Phase 4: Construction Management and Inspection ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 

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IND-PSA rev20221214
Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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Price Proposal
The total cost to the City of Indio is $945,080.52 and includes all work to be completed by EN as stated in this Proposal. EN will bill the client $579,088.32 in twelve (12) equal monthly payments of $48,257.36 for all services except Project Engineering. Project Engineering of $277,032.20 will be billed monthly as completed and added to fixed bill services. It is anticipated Project Engineering design deliverables will be completed and billed in the first two (2) months, followed by as-built deliverables towards the end of the project period. EN will bill on the first day of the month for the current month’s services.

Invoices are payable on net 30 terms from the date of invoice. Travel and Expenses are estimated not to exceed $88,960.00 and will be billed as actuals as incurred.

Design Engineering costs are estimated and may be adjusted based on the data collected and knowledge gained during the effort.

Description Unit Total
Phase 1: Project Management Total $212,438.34
Phase 2: Consulting and Planning Total $159,839.78
Partnership Negotiations EA $17,700.00
Partnership Agreement EA $29,500.00
Partnership Award and Presentation EA $73,75.00
Consulting Project Management EA $46,264.78
PM/CM Client Coordination EA $35,400.00
CEQA Exemption Research and
Documentation
EA $11,800.00
Grant Reporting and Administration EA $11,800.00
Phase 3: Design Engineering Total 628,368’ $277,032.20
Conduit Network Design 141,136’

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City of Indio, CA July 30, 2024

Fiber Design – Existing Conduit 67,765’
Fiber and Conduit Design – New
Construction
22,101’

As-Builts 397,366’
Phase 4: Construction Management
and Inspection
Total $206,810.20
Subtotal $856,120.52
Travel and Expenses (Not to Exceed) $88,960.00
Project Management $10,480.00
Construction Management $78,480.00
Subtotal $88,960.00
TOTAL EN ENGINEERING LLC $945,080.52

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Table 1. Hourly rates for work by position
Position Description Rate
Principal (SVP/VP) $325.00
Project Executive (Director) $262.50
State - Licensed Professional Engineer $262.50
Sr. Broadband Consultant $210.00
Broadband Consultant $175.00
Sr. Project Manager - Implementation $195.00
Project Manager - Implementation $165.00
GIS Manager $150.00
GIS Analyst $105.00
Senior Grant Manager $145.00
Grants Analyst $120.00
Design Technician I $100.00
Design Technician II $115.00
Senior Design Technician $135.00
Design Manager $165.00
Field Engineer $100.00
Project Coordinator/Analyst $90.00
Permitting Coordinator $100.00
Make Ready Engineer $135.00
Sr. Construction Manager $175.00
Construction Manager $155.00
Inspector $140.00
Network Engineer $160.00

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IND-PSA rev20221214
Addendum 1 - Insurance
Page | 1
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
Page | 2
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
Page | 3
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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IND-PSA rev20221214
Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"

FEDERAL FUNDS

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Jory Wolf
Vice President of Digital Innovatio n
jwolf @entrustsol.com
28100 Torch Parkway, Suite 400
Warrenville, IL 60555

Fiber Network Consulting,
Design Engineering,
Project and Construction
Management

Prepared for: City of Indio , CA
Ian Cozens
Director of Information Technology

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Contents
Cover Letter 3
Firm Overview 5
Fiber and Broadband Design Engineering Capabilities 5
Statement of Work 11
Phase 1: Project Management 11
Phase 2: Consulting and Planning 13
Phase 3: Project Engineering 14
Phase 4: Construction Management 18
Phase 5: Construction Inspection Error! Bookmark not defined.

Project Timeline 20
Price Proposal 21
Project Team and Experience 24
Project Teams 24
Team Member Resumes 28
References 69
Appendices 71

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Cover Letter
July 25, 2024
Ian Cozens, Director of Information Technology
City of Indio, CA

Dear Ian,
EN Engineering, LLC (EN) is pleased to submit our proposal to the City of Indio for Consulting, Design Engineering, Project Management and Construction Management for deployment and implementation of the City’s Fiber Network expansion funded through its State-awarded FFA grant. EN provides professional consulting services to local governments that want to develop effective digital inclusion/equity, broadband, and Smart City strategies that are unique to their communities and are based on real-world and demonstrable success. Our team of advisors has worked with agencies in North America to help them develop and execute broadband strategies for their communities. EN has worked with several agencies like Indio to create actionable strategies that leverage existing infrastructure, develop strategic partnerships, create successful broadband policies and identify smart investments to enhance services and operations of government, businesses, education, and healthcare institutions.

Some unique items we’d like to highlight in our experience and how they relate to Indio’s needs are included below:
• Consulting & Planning Experience: EN offers a suite of comprehensive Broadband / Fiber Consulting and Implementation services that analyze, identify, explain, and solve complex technical issues for local governments trying to bring access to their residents. Our team of industry experts offers decades of real-world experience that can offer custom solutions to our clients. Our Grants Team works in tandem with our Broadband Consultants so that EN is always aware of the ever- changing initiatives involving State and Federal legislature. • Fiber and Broadband Design Experience: EN has over 20 years of experience in offering Fiber design and solution services. Our Engineers are fully capable of providing the best possible routes for fiber lines whether it be underground or aerial.

We can plan and route fiber designs from start to finish and provide needed access points across miles of network. EN is a turnkey solution provider to municipalities regarding Fiber / Broadband Network design and deployment. • Smart City Planning Experience: EN offers a suite of Smart City Consulting, Planning, Design and Implementation services. EN is able to calculate the cost usage per device in Indio that will be connected to provide an accurate cost estimate. We can connect many different applications or tools including Smart Grids, Smart Meters, Lights, Signals, and underground assets. • Communication Engineering Experience: Our experience in communication engineering include but are not limited to the following scopes of work: project

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coordination, project reporting and tracking, as well as coordination with such companies as Verizon and AT&T; estimates and engineering support for design, conduit installations, circuit cutovers, siting, environmental permitting, equipment and construction services; licensing fees and real estate purchases; manage client’s internal telecommunications resources, as well as outside contractors to replace obsolete structures at each site; budgetary assessments, project reporting and completion of technical and project authorizations; and scheduling development and adherence.

We look forward to putting our people and our processes to work for you, to complete services on a consistent and timely basis. We thank you for your consideration. If you have any questions or we can be of assistance in any way, please feel free to contact your Project Executive, Jory Wolf, with any questions or comments. You can reach him directly at 818-312-7768 or [email protected].

Sincerely,

Jesse Rodriguez
VP of Commercial Operations
[email protected]

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Firm Overview
What We Do and Who We Serve
For 20 years, businesses, people, and communities have entrusted the employees of EN Engineering with their most valuable assets, infrastructure, and the projects that improve them. We have embraced growing markets such as renewables, power engineering services, EV infrastructure, data analytics, and geospatial with cutting edge engineering, consulting, and automation services. We offer valuable solutions to challenges faced by our clients, restore and expand infrastructures, enhance and streamline systems, and identify and record key assets for clients, including gas and electric utilities, telecommunication service providers, pipeline operators, and industrial companies. As one of the fastest-growing engineering firms in the country, we have grown from a single Midwest office to a national network of locations, which has only strengthened our commitment to serving with excellence… from start to finish. While EN Engineering has been rebranded as part of the ENTRUST Solutions Group, EN Engineering, LLC is still the operating and contracting entity through which services will be provided.

FIBER AND BROADBAND DESIGN ENGINEERING

CAPABILITIES
EN provides fiber engineering, consulting and network implementation to municipalities and utilities whose goal is to improve broadband in their communities. Over 400 municipalities, utilities and cooperatives have used EN to develop their fiber and broadband networks. Our mission is to connect every community, one at a time, to the digital economy so that no one is left behind. Our work ensures that communities can access every opportunity the internet has to offer so they can thrive in the connected world.

Our turnkey broadband solutions allow our clients to maintain a single partner that fulfills every aspect of planning and deploying broadband networks, with seasoned experts guiding their deployments every step of the way. Our success is based on our clients’ success and our fiber solutions enable our clients to serve their citizens’ most pressing broadband needs in the digital age. Our in-house design team has significant scaling capabilities to handle extensive multi-phase design and construction projects.

Fiber and Broadband Design Solutions
• High-Level Design and Feasibility Studies
• Broadband business planning and Fiber Master Plans
• Aerial Design
• Underground Design
• Integration into existing networks
• GPON and Active Ethernet
• Smart Grid
• Field Engineering and Data Collection
• Data Center, Central Office, and Shelters

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• Network Architecture
• Construction Packages
• Make Ready Engineering
• Pole Load Analysis
• Joint Use
• Permitting
• Professional Engineer’s Stamps
• As-Builts
Business Mission
EN Engineering is
committed to growth by
providing innovative
solutions to our clients
with a focus on long-
term relationships,
while consistently
maintaining the highest
level of quality, safety,
integrity, and ethics.

People Mission
Our success is achieved
through continuously
cultivating a culture that
values the contributions
of our diverse and
talented team members.

We seek out and
encourage colleagues
who are passionate,
curious, and client
focused. We maintain an
environment of mutual
respect and commitment
to professional
development and
advancement.

Community
Mission
We are committed to the
safety and sustainability
of the communities, team
members, and
stakeholders that we
serve. We are a strong
catalyst for positive
change in the
communities where we
partner with our clients.

We achieve this through
charitable giving,
partnering with
community
development
organizations, and
creating local job
growth.

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Our Safety Commitment, Our First Priority
• Customers and the community entrust us to keep safety first when designing pipelines, facilities, and other installations. This includes addressing all regulations and standards, as well as designing for safer maintenance and upgrades in our work product.
• We insist on a safe workplace for our employees, our vendors, our customers, and the community.
• We have set our safety objective at zero for vehicle accidents, property damage, lost time, and medical aid injuries by EN Engineering and our subcontractors.

EN provides fiber engineering, consulting and network implementation to municipalities and utilities whose goal is to improve broadband in their communities. Numerous municipalities, utilities and cooperatives have used EN to develop their fiber and broadband networks. Our mission is to connect every community, one at a time, to the digital economy so that no one is left behind. Our work ensures that communities can access every opportunity the internet has to offer so they can thrive in the connected world.

Our turnkey broadband solutions allow our clients to maintain a single partner that fulfills every aspect of planning and deploying broadband networks, with seasoned experts guiding their deployments every step of the way. Our success is based on our clients’ success and our fiber solutions enable our clients to serve their citizens' most pressing broadband needs in the digital age.

Our mission is to provide a single-source solution to innovative cities that believe in broadband’s ability to transform communities. Our staff comes from other cities that have implemented broadband. They carry the most experience industry-wide in planning, community needs assessments, engineering, construction management, inspections, sales, marketing, and operations. EN provides a full spectrum of services to our municipal clients because we know that they need guidance on all stages of broadband planning and development, as well as guidance on how to fund, deploy, launch, operate, and provide the best levels of services to their citizens and businesses.

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Over our 20 years in business, we’ve worked with over 400 municipalities, with over 1 million miles of municipal fiber designed and 50 municipal fiber networks built and active today. This experience has shaped the way we serve our clients’ needs. It’s led us to develop a consultative and collaborative approach, ensuring that your community is engaged, and their needs are well-defined. We work hard to develop innovative solutions to deploy broadband networks because we know the political, financial, regulatory, and operational challenges that cities face in implementing these projects.

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WHY CHOOSE EN ENGINEERING
Who We Are and How We Can Help
Safety
Relentless commitment to safety for our employees, our vendors, our clients, and our communities
Quality
Strict quality control procedures; proven methodologies; impeccable resources; continuous communication with client and project team members Expertise
Strong focus on the energy industry; nationally recognized subject matter experts; highly experienced, industry-trained core staff Value
Complete projects on-time and on-budget with low risk to client Location
Network of 35 offices close to key energy sectors and critical industry hubs.

Diversity
EN Engineering utilizes diversity contractors and has implemented a comprehensive Disadvantaged Business Enterprise (DBE) initiative across our services that complies with the needs of our clients
Large enough to serve you nationally, small enough to serve you with our senior staff and industry-leading experts.

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City of Indio, CA July 30, 2024

EN ENGINEERING BY THE

NUMBERS

36 Locations with team
members licensed in all
50 US states

3600+
Employees company-wide
2000+
Design personnel devoted to
pipeline and electrical
engineering

140+
Programmers dedicated to
automation services

0.12 Total Recordable Incident
Rate

31+
Languages in which our
employees are fluent

>36,000
Annual Projects Completed

275+
Data and GIS Professionals

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commence upon the completion of the conceptual design in accordance with the requirements listed in Appendix A. The current conceptual design is as follows:

Figure 1. Indio Broadband Project Overview

During this step we will investigate Rule 20, Moratoriums, easements, wetlands, railroad, and DOT crossings along with any other authorities that may impact design.

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Permitting Application Preparation & Submittal
Local conditions and variables affect the exact type, number and cost of required permits.

Refer to rate sheet on Table 1.

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PHASE 4: CONSTRUCTION MANAGEMENT AND

Inspector count could increase if project is large geographically.

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Invoices are payable on net 30 terms from the date of invoice. Travel and Expenses are estimated not to exceed $88,960.00 and will be billed as actuals as incurred.

Design Engineering costs are estimated and may be adjusted based on the data collected and knowledge gained during the effort.

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Fiber Design – Existing Conduit 67,765’
Fiber and Conduit Design – New
Construction
22,101’

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Project Teams and Experience

PROJECT TEAMS
Consulting Team

Jory Wolf
Project Executive
Alex Telthorst
Consulting PM
Sasha Burrows
Project Management
Analyst
Jim Severance
Consultant

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Design-Engineering Team

Cole Henkle
Director of Design
Al Kamuda
Design Team Lead
Jesse Adams
Design Specialist
Adela Corona
Senior Designer
Joseph Stomboly
Design PM
Henry Hinesly
OSP Estimator
Dexter Ferguson
Design Specialist
Brian Blyth
Senior Designer
Mason Karigan
OSP Designer
Tylor Canfield
Design Coordinator
Karen Rossmeier
Director, Design
Engineering
Khyber Faqir
Professional Engineer

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Implementation and Project Management Team

Marcellus Nixon
VP of Consulting
Warren Lyon
Director of Project
Management
Steve Jakab
Director of Operations
Lewis Smith, Jr.

Sr. Project Manager
Adrienne Schmidt
Project Mangement
Analyst

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Construction Management Team

er
Clayton Johnston
VP of Construction
Gene Allred
Director, Construction
Management
David Ash
Sr. Construction
Manager
Melissa Johnston
Project Manager
Jeremy Alexander
Sr. Construction
Manager
Lionel Wright
Construction Inspection
Manager

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TEAM MEMBER RESUMES

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Al Kamuda

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Mason Karigan

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References

1. Lake County, Florida – Feasibility Study
Contact: Erikk Ross
Phone: 352-343-9792
Email: [email protected]
Scope of Work Summary: In March 2023, the team delivered a comprehensive Broadband Study to Lake County, FL to help them take the appropriate steps to enable the funding it has allocated for ARPA so they can be distributed to entities, or sub-recipients, to deploy broadband infrastructure in the areas identified in this study's final report. The study included an asset assessment, market analysis, and stakeholder outreach. The team's community survey with 1,952 respondents informed the County's overall broadband assessment. The team identified and mapped/plotted 24 unserved areas/Proposed Funded Service Areas (PFSA). The project team included its proposed technologies and detailed cost estimates per PFSA, along with guidance on federal, state, and local grant opportunities.

Collaboration with the County's project team facilitated the presentation of findings and recommendations to the Local Technology Planning Team (LTPT) and other critical stakeholders.

2. Ferry County and Colville Tribes, WA- Funding and Action Plan Contact: Matthew Pleasants
Phone: 509-634-2539
Email: [email protected]
Scope of Work Summary: The lands of the Colville Confederated Tribes make up much of the south portion of Ferry County, Washington, while the north county is the historic home of a vibrant mining industry. In recent years, Ferry County has struggled to attract new investment. Its low population density and rugged landscape have made the deployment of broadband infrastructure a challenge. New and existing businesses are deterred by the lack of options, and residents lack access to telehealth and distance learning applications. To address these issues, the Confederated Colville Tribes and Ferry County formed a Broadband Action Team (BAT) and received grant funding from the State of Washington’s Community Economic Revitalization Board (CERB) to develop an action plan for increasing connectivity across the region. EN was selected to assist the BAT with developing this action plan. The difficult terrain and sparse population density in Ferry County and on Colville Confederated Tribe lands provides little incentive for traditional internet service providers to build infrastructure in the area. Residents and businesses in both the north and south portions of the County were faced with a lack of options for coverage, low speeds, and high costs to connect. The lack of broadband investment made it a challenge to conduct business, receive job training,

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or complete homework. Residents living in this digital divide also struggled to access community services and healthcare. There was a general feeling among the community of falling behind, impairing the ability to attract new residents and commercial activity.

The final plan included specific steps for improving communication among County facilities and anchor institutions, providing a platform for telehealth, telelearning, and ecommerce, and enhancing the overall economic vibrancy of the area. As of December 2020, the Tribes have re-engaged EN to begin the next step of the process, creating a business plan and high-level design to pursue grant opportunities that will fund construction of the regional fiber network.

3. City of Chesapeake, VA – Fiber and Wireless Network Design Contact: Jay Krail
Email: [email protected]
Phone: 504-920-3181
Scope of Work Summary: EN worked with the City to engineer the 170-mile C- NGN fiber-optic network and complementary smart city wireless overlay, branded Chesapeake Connects. EN conducted detailed assessment of each stakeholders’ needs and developed the network design to maximize community use of the fiber.

The network connects over 200 community facilities including city, school, library, hospital, public utility, public safety and traffic locations. The design also incorporates Chesapeake’s economic development goals by ensuring that key business corridors are equipped with high-capacity fiber. EN engineered over 170- mile route miles of fiber, including fielding, low-level design, construction prints, permitting, master budgets and construction bids. In late 2020, EN’s scope was expanded to determine how Chesapeake Connects will support organizations during and after the COVID-19 pandemic focusing on telehealth and remote education.

EN’s process of design, then bid, then build is giving the City best approach to minimize the cost of construction, select the most capable construction contractor and ensure rapid deployment of the network. The City of Chesapeake began construction by July 2021 and is working with EN to accelerate the timeline, targeting 18-24 months for completion of major construction related activities.

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Appendices
Appendix A
Client Asset Requirements
• City Drive Obstacles
• Moratoriums
• Beautification/ Undergrounding
• Capital Improvement Projects
• Existing Assets (if any)
• Existing Structures (Conduit, Vaults, Poles, Strand, etc)* • Existing Network Equipment (Fibercable, Splice Closures, Cabinets, etc)* Client Partnership Implications
• JPA (Joint Pole Agreement) Partnerships
Fiber Design Requirements
• Data Centers
• Client/Parner/Provider Data Centers
• Unassigned Data Center Default Location
• Complete List of Sites and/or Address
• Drop sites vs non drop sites
• Future vs current sites
• Client owned vs non client owned
• Site point of contacts (site verification)
• Fiber Allocation/Splicing Requirements
• Client vs Partner Fiber Split Agreement
• Client vs Partner Fiber Ribbon Assignments
• Client splicing requirements, Partner splicing requirements • Existing Fiber Dark Counts for splicing (if required) • Backhaul Requirements
• Allocated Fiber per Site / Address / Hut / Hub
• Redundancy (Dark Fiber vs Ex. Infrastructure)
• Proposed fiber splicing vs existing infrastructure splicing • Individual Network Requirements
• Material Products Specifications
• Fibercable - Loose, ribbon, reel lengths
• Splices – Existing infrastructure matches, preferred expansion size, etc • Fiber infrastructure Identified
• Mesh, Ring, Hub and Spoke
• GPON, FTTH Point to Point
• Cable sizing
• Backbone/Lateral/Distribution Sizing

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• Sizing in relation to partner contracts
* Existing assets are assumed to be in a format that is both legible and manageable to pull the required data from. This may include but is not limited to construction prints, KMZs, shapefiles, layer packages, etc. The package delivered by the client must include the exact assets that are intended to be used with no uncertainty about location, access, or usability status. Existing assets must be derived from these records and cannot be identified and utilized from institutional knowledge. If any of these conditions are not met, the existing asset will not be used or might require a change order to utilize in the future.

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Appendix B
This itemized list will refer to “fibercable design elements.” The design elements are as follows as applicable to the project requirements. Design elements include (1) Fibercable, (2) Conduit, (3) Vaults, (4) Strand, (5) Poles, (6) Anchors, (7) Risers, (8) Sites, (9) Splice Closures, and (10) Slack Loops. Additional fiber design elements may be included as required by the fiber infrastructure.

Deliverable List
• ArcGIS Pro Layer Package (.lpkx) of all design elements. • ArcGIS Shapefiles (.shp) of all design elements.
• Google Earth KMZ (.kmz or .kml) of all design elements. • Underground Construction Maps (.pdf)
• Aerial Construction Maps (.pdf)
• Fiber Construction Maps (.pdf)
• Single Line Diagram (.pdf)
• Permit Identification Overviews (.pdf)
• Permit Authority Research (.zip)
• Bill of Materials (.xlsx)
Deliverable Explanations
ArcGIS Pro Layer Package - This is an ArcGIS proprietary package that can be opened directly in ArcGIS Pro. All fiber cable design element’s labeling and symbology are setup in ArcGIS beforehand and make for a quick and easy review process. EN utilizes an industry standard set of feature classes and schema.

ArcGIS Shapefiles - This will consist of a separate shapefile export for each of the fiber cable design elements. The purpose of these separate shapefile exports if for end users that will be utilizing other GIS applications to review the network such as ArcMap or QGIS.

All shapefile files for all design elements (about seven per design element) will be zipped and submitted in one folder.

Google Earth KMZ - This will consist of an export of our ArcGIS database into a file format that can be opened directly in Google Earth. While the formatting will be extremely close to the Layer Package, it does lack some of the labelling features but will be the most distributable of the deliverables as the file can be opened by a free application everyone has access to, Google Earth.

Underground Construction Maps - This (11x17) PDF deliverable encompasses all necessary information for the construction crew to build the underground plant. It includes legends, construction specifications, an overview, and detailed construction prints.

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Aerial Construction Maps - This (11x17) PDF deliverable encompasses all necessary information for the construction crew to build the aerial plant. It consists of legends, construction specifications, overview prints, and make ready notes.

Fiber Construction Maps - This (11x17) PDF deliverable encompasses all necessary information for the construction crew for placing fiber and splicing. It consists of legends, splicing specifications, overview prints and elements details.

Single Line Diagram (SLD) - This is a PDF (11x17) that simplifies the entire fiber allocations into as few pages as possible. The goal in this is to condense information to account for all fiber allocations into a singular document. It consists of legends, splicing specifications, overview prints and cut sheets.

Permit Identification Overviews – These are PDFs that mirror the construction and aerial documents but are isolated from the various authorities that will require some sort of encroachment permit to perform construction. Separate crossings shall be assigned permit names and sequence numbers in preparation for encroachment permit package creation.

Permit Authority Research – These will be zipped packages of various information required for the creation of encroachment permits including but not limited to authority standards, creation and submittal cost estimates ranges and encroachment permit examples.

Bill of Materials - EN will create a final design cost estimates for the fiber network which itemizes all labor, materials, and equipment costs. We will provide a comprehensive bill of materials with unit rates for construction, based on local labor costs that are commensurate with the current market. This bill of materials will supply each per unit cost for outside plant construction, splicing, termination, testing, wireless siting, construction, installation, and activation.

Note:
• All deliverables are provided project wide. Individual design area deliverables are to be identified during the project kick-off meeting.
• Permit identification overviews will be created for all authorities that highlight the proposed areas of encroachment.
• Sample deliverables from similar markets can be provided upon request, and can be utilized during the project kickoff to determine market specific deliverable.

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Appendix C – EN Engineering
MSA

MASTER PROFESSIONAL SERVICES AGREEMENT
This MASTER PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made as of ___________, 2023 between _________________, an ___________ corporation ("COMPANY"), and EN Engineering, LLC a Delaware limited liability company ("ENGINEER"), hereinafter referred to as the “parties” or individually as “party,” under the following circumstances:

WHEREAS, COMPANY wishes to engage ENGINEER to perform certain engineering and related professional services (“Engineering Services”) and certain construction management services (“Construction Management Services”) for COMPANY from time to time on an as ne eded basis and ENGINEER is willing to provide from time to time on an as needed basis such Engineering Services and Construction Management Services to COMPANY in accordance with the terms of this Agreement; and WHEREAS, the parties wish to execute this Agreement to establish the general terms and conditions, which will govern the present engagement and any future engagements between the parties; and
WHEREAS, the parties contemplate that for the present engagement and each future engagement they will also execute a schedule which will reference and become a part of this Agreement and will describe in detail the specific Engineering Services and Constru ction Management Services, personnel, fees and term of the engagement as well as any other provisions agreed to by the parties
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. Services. Engineer shall perform the Engineering Services and Construction Management Services (collectively referred to as “Services”) for COMPANY as set forth in Schedule 1 and as agreed to and executed by the parties and set forth in schedules referencing this Agreement ("Schedule"). Each Schedule shall specify the scope of the Services, the fees and expenses (if any) to be paid to ENGINEER by COMPANY for such Services. Each such Schedule shall be identified in consecutive numerical order. In the event that parties desire to modify a Schedule, the parties shall execute a written change order evidencing such modifications (“Change Order”). In the event of any conflict or apparent conflict between any Schedule and/or Change Order and this Agreement, the Schedu le and/or Change Order shall govern.

The Effective Date of a Schedule shall be the date on which such Schedule is fully executed by COMPANY and ENGINEER. The terms of this Agreement shall apply to all

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Services performed by ENGINEER in accordance with a Schedule and the terms of this Agreement shall not be altered or modified except by the written agreement of ENGINEER and COMPANY. ENGINEER agrees that time is of the essence in performing the Services.

1.1 Personnel. All personnel furnished by ENGINEER shall be appropriately qualified to perform the Services. Should any personnel furnished by ENGINEER be unable to perform the Services under this Agreement because of illness, resignation or other causes beyond ENGINE ER’s control and without ENGINEER’s fault, ENGINEER shall use all reasonable efforts to replace such personnel promptly. COMPANY reserves the right to demand that ENGINEER replace any personnel assigned to perform the Services that COMPANY reaso nably believes are not performing to the level of COMPANY’s expectations.

1.2 Change in Service

A. Change in Service shall be defined as any service required to be performed in the furtherance of a Schedule as a result of: (i) COMPANY requested modifications to the scope of ENGINEER’s Services and (ii) events which were not reasonably foreseeable by ENG INEER, which require ENGINEER to incur additional costs or to perform additional Services not provided for in a Schedule. All such additional costs or services must first be approved by COMPANY in writing.

B. B. ENGINEER shall not be required to perform a Change in Service unless and until a Change Order has been issued and signed by COMPANY’s designated Representative and ENGINEER’s Representative as set forth in Section 13 of this Agreement.

1.3 Change Orders
A. Each party, without invalidating this Agreement or a Schedule, may request a Change in Service, with or without a change in the required time to complete the Services under the Schedule (“Time of Performance”). Such request must be submitted in writing by the requesting party.

B. If a request for Change in Service is mutually agreed to, such mutual agreement shall be evidenced by a written Change Order issued by COMPANY, signed by COMPANY’s designated Representative and ENGINEER’s designated Representative and setting forth the increase or decrease in fee to which ENGINEER is entitled pursuant to Paragraph 1.3.C. Any Change Order, which affects a Schedule, shall become part of such Schedule.

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C. Unless otherwise expressly provided in a particular Change Order, COMPANY shall compensate ENGINEER for a Change in Service at the hourly rates set forth in Exhibit A (“Change in Service Compensation”).

1.4 ENGINEER’S RESPONSIBILITIES
A. ENGINEER shall perform Engineering Services in accordance with the following terms:

1. The standard of care for all Engineering Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of Engineer’s profession practicing under similar circumstances at the same time and in the same locality.

2. ENGINEER may employ such sub -consultants as ENGINEER deems necessary to assist in the performance or furnishing of the Engineering Services. ENGINEER shall not be required to employ any sub -consultants unacceptable to ENGINEER.

3. ENGINEER shall comply with applicable laws or regulations and COMPANY mandated standards provided in writing to ENGINEER. This obligation is based on these requirements as of the Effective Date of each individual Schedule. Changes to these requirements after the Effective Date of the Schedule that require ENGINEER to perform services beyond ENGINEER's Engineering Services set forth in the Schedule shall be considered a Change in Service for which ENGINEER shall receive Change in Service Compensation. Under such circumstances, the Time of Performance set forth in the Schedule shall be adjusted.

4. If required under a Schedule, ENGINEER shall visit the site periodically to become generally familiar with the progress and quality of the work and to determine, in general, if the work is proceeding in general accordance with the plans and specifications . Except as provided in the applicable Schedule, ENGINEER shall not be required to make exhaustive or continuous checks of the quality or quantity of work. ENGINEER shall not have control or charge of the construction and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or acts or omissions of contractors or any persons performing work or for their failure to perform.

5. ENGINEER shall review and take appropriate action upon a Contractor’s, subcontractor’s or COMPANY contractor’s submittals such as shop drawings and product data. Except for submittals produced by ENGINEER or by any contractor or subcontractor of ENGINEER and except as provided in the applicable Schedule, review of submittals, however, is not conducted for the purposes of determining the accuracy and completeness of details such as dimensions or sizes, for ascertaining the correctness of

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calculations made by the Contractors, subcontractors or COMPANY contractors, to determine the appropriateness of quantities, to determine the appropriateness of the means, methods or procedures to be utilized by the Contractor, subcontractor or COMPANY con tractor during installation, for substantiating the correctness of instructions, for installation or to ascertain the performance of equipment or systems, all of which remain the exclusive responsibility of the Contractor, subcontractor or COMPANY contractor.

6. ENGINEER shall not be responsible for the verification of the condition of subsurface conditions or for the condition of existing structures, equipment or appliances, unless such verification can be made by simple visual observation.

If, after plans and s pecifications are prepared, it appears from the uncovering of parts or portions of an existing structure that the plans or specifications must be altered to conform to previously hidden or differing conditions, all such work shall be performed by ENGINEER as a Change in Service for which ENGINEER shall be entitled to Change in Service Compensation.

7. COMPANY shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by COMPANY to ENGINEER in accordance with this Agreement unless ENGINEER is otherwise informed by COMPANY in the applicable Schedule.

8. With respect to Engineering Services, execution of this Agreement or any Schedule in no way creates an employment or agency relationship between COMPANY and ENGINEER; it is understood that ENGINEER will be acting as an independent contractor. Neither ENGIN EER nor any of its personnel, subcontractors or agents shall be deemed to be partners, joint ventures, agents, or employees of COMPANY for any purpose whatsoever. In no event shall COMPANY be responsible for the payroll taxes of ENGINEER’s personnel.

B. If required and agreed to pursuant to a Schedule, ENGINEER shall perform Construction Management Services in accordance with the following terms:

1. In providing Construction Management Services, ENGINEER shall act as a construction professional and not a construction contractor, and in performing its duties herein, ENGINEER agrees to furnish Construction Management Services using the care and skill ordinarily used by members of the construction management industry performing similar Construction Management Services and practicing under similar circumstances at the same time and in the same locality.

2. ENGINEER shall comply with applicable laws or regulations and ENGINEER mandated standards. This obligation is based on these requirements as of the Effective Date of each individual Schedule. Changes to these requirements after the Effective Date of the Schedule that require

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ENGINEER to perform services beyond ENGINEER’s Services set forth in the Schedule shall be considered a Change in Service for which ENGINEER shall receive Change in Service Compensation. Under such circumstances, the Time of Performance set forth in the Schedule shall be adjusted.

3. ENGINEER may employ such sub -consultants as ENGINEER deems necessary to assist in the performance or furnishing of the Construction Management Services. ENGINEER shall not be required to employ any sub - consultant unacceptable to ENGINEER.

4. Neither review nor approval by COMPANY of ENGINEER’s Construction Management Services shall relieve ENGINEER from its duty to comply with the above obligations.

5. ENGINEER shall not have control or charge of the construction and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or acts or omissions of contractors or any persons performing work or for their failure to perform.

2. Representatives

2.1. COMPANY. In order to facilitate day to day communications between COMPANY and ENGINEER in the ordinary course of performance of the Services, COMPANY shall act by and through its designated representative ("COMPANY's Representative"). For each Schedule COMPANY will inform ENGINEER in writing of COMPANY’s designated representative for the respective scope of Services to be performed by ENGINEER. Upon notice to ENGINEER, COMPANY may at any time substitute or replace a COMPANY Representative. COMPANY’s Representative shall be available for meetings with ENGINEER's Representative at all reasonable times.

2.2 ENGINEER. In order to facilitate communications between COMPANY and ENGINEER in the ordinary course of performance of the Services, ENGINEER shall act by and through its designated representative ("ENGINEER's Representative"). ENGINEER initially designates ________________ as its representative. Upon notice to COMPANY, ENGINEER may at any time substitute or replace ENGINEER's Representative.

ENGINEER's Representative shall be available for meetings with COMP ANY’s Representative at all reasonable times.

2.3 Representations. ENGINEER hereby represents to COMPANY, with the intention that COMPANY rely thereon in entering this Agreement, that ENGINEER has the capability, experience, registrations, licenses, permits, and governmental approvals necessary to perform the Services.

2.4 No Conflicts. During the term of this Agreement, ENGINEER shall maintain close communication with COMPANY and will impart to COMPANY knowledge, information, ideas, suggestions and advice regarding the Services. ENGINEER will act solely

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in the interests of COMPANY and no other party and will not knowingly compromise or jeopardize the interests of COMPANY. In the event any matter or circumstance comes to ENGINEER's attention which would in any way interfere or potentially interfere with ENGINEER's obligations hereunder, ENGINEER will dis close promptly and fully such matter or circumstance to COMPANY.

2.5 Charges for Services. Subject to the terms of this Agreement, COMPANY shall pay ENGINEER, as full compensation for the Services rendered, the fees, costs of materials, and expenses (if any) detailed in the applicable Schedule. If the parties execute a Schedule that provides for ENGINEER’s provision of Services to be rendered on a time and materials basis, then COMPANY shall pay according to the payment schedule set forth in Exhibit A, which is attached hereto and made a part hereof. ENGINEER may adjust or modify the payment schedule annually to account for labor market rate changes and inflation.

ENGINEER shall notify COMPANY in writing of any annual rate adjustment at least thirty (30) days prior to the effective date of any desired change in the payment schedule.

2.6 Terms of Payment . In return for the Services rendered by ENGINEER hereunder COMPANY shall pay ENGINEER within thirty (30) days of receipt of ENGINEER’s invoice for the invoice period. The invoice period shall be a period of one (1) calendar month. Payment of each invoi ce is contingent upon the Services having been rendered to COMPANY’s reasonable satisfaction. Each invoice shall provide the following:
(a) Names and hours worked by ENGINEER’s personnel and fees with respect thereto, if such work was performed on a time and materials basis; (b) Details of automobiles rented including but not limited to rental cost and gasoline costs for the invoice period;
(c) Details of any expenses incurred by ENGINEER as set forth in the applicable Schedule;
(e) Summation of charges.

If items are contested by COMPANY, the uncontested balance will be paid within said thirty (30) day period. Any and all payments or approvals by COMPANY hereunder shall be without prejudice to COMPANY's rights to protest or challenge invoices at a later p oint in time. COMPANY reserves the right to require additional documentation to substantiate a request for payment. ENGINEER shall keep all records and books of account relating to this Agreement on the basis of generally accepted accounting principles and shall make such records and books and other plans and documents relating to this Agreement (other than records, books and other plans and documents relating to net income or profit) available to COMPANY or COMPANY's designated representative for inspecti on and audit at all reasonable times for a period of one year after the completion or termination of ENGINEER’s Services under such Schedule.

Failure to pay any invoice when due shall entitle ENGINEER, at ENGINEER’s sole discretion and upon ten (10) calendar days written notice to COMPANY, to suspend

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ENGINEER’s Services under the Schedule for which payment is outstanding. ENGINEER shall not be responsible to COMPANY for any delays caused by such a suspension.

3. Term. This Agreement shall remain in full force and effect, commencing as of the date first above written, until the earlier to occur of (i) __________, 20____, (ii) termination of this Agreement or any Schedule by COMPANY upon ten (10) business days prior written notice to ENGINEER for convenience or (iii) termination by either party upon seven (7) days written notice to cure should the non -terminating party fa il to materially perform in accordance with the terms of the Agreement or any Schedule through no fault of the terminating party. Termination of this Agreement shall discharge only those obligations that have not accrued as of the effective date of termination. If this Agreement is terminated, ENGINEER shall in no event be entitled to compensation in respect of costs, whether direct or indirect, fees, lost profits, or otherwise for work not actually performed prior to the effective date of termination. Any right or duty of COMPANY or ENGINEER based on either the performance or breach of this Agree ment prior to the effective date of termination shall survive the term of this Agreement.

4. Rights in Property.

4.1 In consideration of the compensation set forth herein, ENGINEER hereby assigns to COMPANY all worldwide right, title and interest in and to all work performed, writings, information, data, formulas, designs, models, drawings, photographs, including all documentation thereof, including all statutory protection obtained or obtainable thereon (hereinafter referred to as "Intellectual Property" ) created, made, conceived, reduced to practice or authorized by ENGINEER or ENGINEER's employees, either solely or jointly with others, and delivered by ENGINEER to Company in connection with the performance of Services under this Agreement, unless specifically excluded in writing in the applicable Schedule. COMPANY shall be free to use and reproduce the Intellectual Property assigned to COMPANY herein. At COMPANY’s expense, ENGINEER shall execute or cause to be executed all instruments and perform such acts as may be necessary, useful or convenient for the purpose of securing to COMPANY statutory protection, including patent, trademark, trade secret, or copyright protection, throughout the world for all Intellectual Property assigned to COMPANY. Notwithstanding anything contained herein to the contrary, ENGINEER shall retain ownership of all Intellectual Property owne d by ENGINEER or made solely by ENGINEER prior to the date of this Agreement.

4.2 Upon completion of the Services in any applicable Schedule or other termination of this Agreement, ENGINEER shall deliver to COMPANY all copies of any and all Intellectual Property developed hereunder, except that ENGINEER may keep copies of all of same f or its permanent files and records. Upon COMPANY's request, ENGINEER shall provide COMPANY with whatever documents, information or materials in ENGINEER's possession or reasonably available to ENGINEER to enable COMPANY to protect its rights in any Intellectual Property developed under this Agreement.

4.3 ENGINEER's obligations under this Section 4 shall survive any termination or

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expiration of this Agreement.

4.4 In the event that COMPANY uses or changes the Intellectual Property prepared by ENGINEER hereunder in a manner not contemplated by the applicable Schedule or this Agreement and without the written consultation and engineering review by ENGINEER, COMPANY, to the fullest extent permitted by law, agrees to indemnify and hold harmless Engineer, its officers, directors, employees, and any of its sub -consultants who are directly involved in the development of such Intellectual Property from any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising or allegedly arising from such unauthorized use or change to the Intellectual Property. In the event that COMPANY consults with and desires such engineering review by ENGINEER, COMPANY will compensate ENGINEER for the Services in accordance with the terms of this Agreement if it is still in effect, or in a compensation method and amount that is acceptable to both COMPANY and ENGINEER.

4.5 If ENGINEER, for any reason, is not allowed to complete all the services called for by this Agreement or any Schedule, ENGINEER shall not be responsible for the accuracy, completeness or constructability of the Intellectual Property prepared by ENGINEER if used, changed or completed by COMPANY or by another party. Accordingly, COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER, its officers, directors, employees, and any of its sub-consultants who are directly involved in the development of such Intellectual Property from any damages, liabilities or costs, including reasonable attorney’s fees and defense costs, arising or allegedly arising from such use, change or completion.

5. Confidentiality. ENGINEER shall keep strictly confidential all reports, whether oral or written, which are prepared by ENGINEER at COMPANY’s request and except as required by law, ENGINEER shall not reveal information from reports to the person reported on or to any other person except a person whose duty requires him to participate in the decision for the transaction from which the report was ordered. ENGINEER acknowledges and agrees that in connection with the performance of the Services it may be ne cessary for COMPANY to disclose to ENGINEER certain proprietary or confidential information ("Confidential Information"). ENGINEER shall hold in strictest confidence any Confidential Information to which it may have access hereunder. Access to Confidenti al Information shall be restricted to those of ENGINEER's personnel with a need to know and engaged in a permitted use of the Confidential Information. ENGINEER further agrees not to make use of such Confidential Information other than for performance under this Agreement. Confidential Information shall include information of COMPANY which is not generally known, including but not limited to, the business, conduct or operations of COMPANY or any customer of COMPANY; sales techniques; cost and pricing poli cies; contracts; financial information; plans; administrative procedures; research; processes; data; development, trade secrets, marketing, production and distribution information; business opportunities that may be developed or obtained; and any memorialization of any matter concerning any employee of COMPANY. ENGINEER's obligation of confidentiality under this Agreement shall survive termination of this

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Agreement. However, ENGINEER shall not be required to keep confidential any data or information which is or becomes publicly available without fault on the part of ENGINEER; is already in ENGINEER's possession prior to receipt from COMPANY; is independentl y developed outside the scope of this Agreement; or is rightfully obtained from third parties not under similar confidentiality restrictions. ENGINEER’s obligations under this Section 9 shall survive any termination of this Agreement.

6. Intellectual Property Warranties and Indemnification

6.1 ENGINEER warrants that to the best of ENGINEER’s knowledge, information and belief neither this Agreement nor Intellectual Property or other tangible or intangible property produced hereunder will infringe upon or violate any patent, copyright, trade secret or other proprietary right of any third party.

6.2 Each party (“Indemnifying Party”) shall at its own expense indemnify and hold harmless the other party in all suits or proceedings instituted against the other party, its officers, agents, affiliates or employees ("Indemnified Parties") based upon any claim, suit or proceeding (collectively, "Claim") that any Intellectual Property or other materials or any part thereof supplied under this Agreement constitutes an infringement of any patent, copyright or other intellectual property right or the process i ntended to be performed thereby. The Indemnifying Party shall pay all awards of damages assessed against the Indemnified Parties resulting from any such Claim and shall indemnify and save the Indemnified Parties harmless against losses, expenses and damages resulting from any such Claim or incurred in obedience to a decree resulting from any such Claim (including reasonable attorneys' fees and court costs) or pursuant to any compromise thereof. If in any such Claim a restraining order or temporary injunction is granted, the Indemnifying Party shall make every reasonable effort, by giving a satisfactory bond or otherwise, to secure the suspension of any such restraining order or temporary injunction. If in any such Claim the Intellectual Property or other materials, or any part thereof, supplied under this Agreement or the process performed thereby is held to constitute an infringement and its use is permanently enjoined, the Indemnifying Party shall, at the Indemnifying Party's option, in addition to indemnif ying and saving the Indemnified Parties harmless in accordance with this Section 6, either (a) at the Indemnifying Party's sole expense, promptly secure for the Indemnified Parties a license authorizing the continued use of such Intellectual Property or other materials or (b) at the Indemnifying Party's sole expense and without impairing performance requirements, replace the infringing part thereof with non -infringing Intellectual Property or other materials, as the case may be, or modify the infringing Int ellectual Property or other materials so that it does not so infringe.

The Indemnifying Party's obligations under this Section 6 shall survive termination of this Agreement.

6.3 The Indemnifying Party shall not be required to indemnify or defend an Indemnified Party for any such infringement to the extent caused by such Indemnified Party.

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7. Publicity. ENGINEER shall not use the name of COMPANY for advertising or promotional purposes (including advertisements and or press releases) nor shall ENGINEER grant press interviews, disseminate or publish or provide for the publication of any information (including photographs) regarding this Agreement without the prior written consent of COMPANY. Such written consent shall not be unreasonably wi thheld and shall not prevent ENGINEER from using and publishing a general description of a project and services performed by ENGINEER under this Agreement or a Schedule and associating the project with COMPANY, for the purpose of describing ENGINEER’s experience and qualifications to other clients and potential clients.

8. Compliance with Applicable Law . ENGINEER represents that to the best of ENGINEER’s knowledge, information and belief the provision of Services hereunder at the prices and under the terms stated herein does not and shall not constitute a violation by ENGINEER of any law or schedule issued by any governmental authority, or any agency, administration or subdivision thereof having jurisdiction in the matter, and further agrees to reimburse COMPANY upon demand for any fine or penalty which COMPANY may incur as a result of ENGINEER’s violation of such law or schedule.

9. Insurance. ENGINEER shall keep in full force and effect during the term of the Agreement the insurance coverages required by this Section 9.

A. Workers' Compensation Insurance providing for applicable statutory limits for all of ENGINEER’s personnel to be employed under this Agreement and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence.

B. Comprehensive General Liability Insurance of not less than $10,000,000 combined single limit per occurrence that can be provided by the combination of the general liability and umbrella policies. Such insurance shall include Contractor’s Protective Liabi lity covering liability for work sublet and Contractual Liability insuring the indemnity provisions contained in this Agreement.

C. Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 combined single limit per occurrence. Such coverage shall include owned, hired and non-owned vehicles but excluding any vehicles owned by COMPANY.

D. Professional Liability Insurance with limits of not less than $5,000,000.

Notwithstanding anything to the contrary in this Agreement, the insurance requirements pursuant to this Section 9.D shall remain in full force and effect for one year following the termination of this Agreement.

COMPANY shall be included as an additional insured under the insurance policy obtained pursuant to subsection (b) above and provided with a Waiver of Subrogation with

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respect to the policy under subsection (a) above.

The coverage required by paragraphs (a) through (c) shall be evidenced by certificates of insurance and other documentation reasonably requested by COMPANY, from insurance companies satisfactory to COMPANY, delivered to COMPANY prior to actually commencing work or services under this Agreement, and thereafter from time to time at COMPANY’s request, showing the requisite liability limits and containing a clause obligating the insurer to provide COMPANY with thirty (30) days notice prior to any cancellation o r material change in coverage. ENGINEER shall promptly report in writing to COMPANY all accidents, claims, suits, or threats of litigation arising out of or in connection with the performance of this Agreement.

ENGINEER shall also require that any contractors or subcontractors it retains to assist in the performance of this Agreement maintain the type and minimum limits of insurance set forth above.

10. Indemnification. To the fullest extent permitted by law, ENGINEER shall at its sole cost and expense indemnify, keep and save harmless COMPANY, its officials, directors, employees, (collectively, the "Indemnified Party") against any and all damage, losses, liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims, suits, liabilities, and causes of action of every kind and character to the extent caused by any negligent act or omission of ENGINEER, its servants em ployees, directors, officers, subcontractors, invitees or licensees in connection with this Agreement, including but not limited to, any damage to property, injury to any persons (including, without limitation, claims based upon false arrest, detention, imprisonment or violation of the right to privacy), provided however, that ENGINEER shall not be obligated to defend, indemnify or hold an Indemnified Party harmless from and against any damage, losses, liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims, suits, liabilities, and causes of action of every kind and character based upon, to the extent arising out of or resulting from any negligent act or omission or intentional wrongdoing of such Indemnified Party. ENGINEER’s indemnity obligations pursuant to this Section 10 shall survive termination of this Agreement.

11. Assignment; Subcontracting. The interests, rights, powers, duties and liabilities of the parties hereto shall be binding upon, and shall endure to the benefit of, the respective successors and assigns of the parties. Notwithstanding the foregoing, the parties shall not assign or transfer their interest in this Agreement or assign or transfer any right they may have in the same, or any part hereof unless the written consent of the other party to such assignment or transfer is first procured, which cons ent may not be unreasonably withheld. Any unauthorized assignment or transfer shall be void and of no effect. ENGINEER may subcontract to provide additional supervisors but ENGINEER shall at all times remain responsible for the performance of, and payment for, the Services by its subcontractors. This Agreement shall not create any contractual relationship between COMPANY and any such subcontractor, or any other individual, corporation or entity, nor shall it create any obligation on the part of COMPANY t o pay or to see to the payment of any moneys due any such subcontractor or other individual, corporation or entity.

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12. Severability. If any section, subsection, term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of the said section, subsection, term or provision or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

13. Notices. All notices, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to be made or given when personally delivered, when sent and received by facsimile or three (3) business days after being mailed by registered or certified United States mail, postage prepaid, return receipt requested, or one (1) business day after being sent by Federal Express or other recognized carrier guaranteeing overnight delivery, postage prepaid, to the parties at the following respective addresses, or at such other address as a respective party may designate pursuant to a notice duly given hereunder to the other party:

A. If to COMPANY:
________________________
___________________________
___________________________
Attention: ________________
B. If to ENGINEER:

EN Engineering, LLC
28100 Torch Parkway
Warrenville, Illinois 60555
Attention: Chief Operating Officer

14. Entire Agreement; Waiver . This Agreement and the Schedules attached hereto represent the complete and exclusive statement of the agreement between the parties, which supersedes all prior proposals, oral or written, and all other prior communications between the parties relating to the subject matter of this Agreement. Amendments, modifications and waivers to this Agreement shall be made only by written instrument signed by both parties.

To the extent the statements, terms or provisions of this Agreem ent conflict with the statements, terms or provisions of the attached Schedules, the statements, terms and provisions of this Agreement shall govern and control.

15. Headings. The various headings and titles used in this Agreement are for convenience of reference only and shall not affect the meaning or interpretations of this Agreement or any provision thereof.

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16. Force Majeure. If during the term of this Agreement or any renewal period thereto, either party is unable to perform its obligations hereunder as a result of causes beyond its control, then such party’s performance shall be excused during the period of such inability to perform, and the term shall be extended for a period no longer than twelve (12) months. If such inability to perform shall require a time extension of longer than twelve (12) months, this Agreement or any Schedule shall be terminated. The term “causes beyond its control” shall also include but not be limited to fire, storm, flood, natural disaster, riot, ins urrection, war, and strike (“Force Majeure Events”); provided, however, nothing contained in this Agreement or any exhibits or schedules attached thereto shall obligate either party to engage in any settlement negotiations in connection with a pending or potential strike.

17. Damage Limitations

17.1 Notwithstanding any provision of this Agreement to the contrary, COMPANY may recover at most from Engineer, on account of any negligent act, error or omission on the part of, or breach of any implied or express terms of this Agreement or any Schedule by ENGINEER, its officers, members, managers, employees, directors and agents, or any claim or demand which arises or is in any way related to any services performed under a Schedule or pursuant to this Agreement, only that amount equal to the applicable i nsurance coverages specified in Section 9.

17.2 Whether due to delay, breach of contract or warranty, negligence or any other causes, neither party shall be liable to the other party for any special, exemplary, punitive, liquidated, indirect or consequential damages of any nature, including, without limitation loss of actual or anticipated profits or revenues, loss by reason of shutdown, non -operation, or increased expense of manufacturing or operation.

18. Hazardous Substance Indemnity. ENGINEER, its principals, employees, agents or subconsultants shall neither perform nor direct any services relating to the investigation, detection, abatement, replacement, discharge, or removal of any toxic or hazardous contaminants wastes or substances (“Hazardous Materials”). Provided that the Scope of Services described in each Schedule is consistent with the previous statement, COMPANY hereby agrees to bring no claim for negligence, breach of contract, contribution, indemnity or any other claim against ENGINEER, its principals, employees, agents and subconsultants for losses, costs, expenses or damages which COMPANY may incur arising from the existence of Hazardous Materials at the site of the ENGINEER’s Services to be pe rformed under any Schedule unless the pollution incidents are caused or exacerbated by ENGINEER’s negligence or if the Hazardous Materials are brought onsite by ENGINEER.

19. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Illinois, without regard to any law of conflicts that may direct the application of the laws of another jurisdiction. COMPANY and ENGINEER each hereby irrevocably submits itself to the original jurisdiction of the state and federal courts sitting in Chicago, Illinois with regard to any controversy in any way relating to the execution, delivery

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or performance of this Agreement. The parties hereto further agree that any and all suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else.

20. Contra Proferentum. This Agreement was prepared by all parties to this Agreement and not by any party to the exclusion of any other.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered by their respective duly authorized representatives as of the date first above written.

EN Engineering, LLC _____________________
(“ENGINEER”) (“COMPANY”)

By: ___________________________ By: __________________________ Name: _________________________ Name: ________________________

Title: _________________________ Title: ________________________

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City Council
September 18, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jennifer A. Mizrahi, Assistant City Attorney Subject: Second Reading of Ordinance No. 1817 - Rescinding of legislative actions previously approved by the City Council pertaining to expansions of the City's Spheres of Influence

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1817

SUMMARY:

Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative actions previously approved by the City Council pertaining to expansions of the City's Spheres of Influence

BACKGROUND INFORMATION:

The City Council applied to the Local Agency Formation Commission (“LAFCO”) for a proposed Sphere of Influence Expansion project, which included the following components (1) Indio’s general plan amendments to add Southeastern Sphere I and Southeastern Sphere II to Indio’s sphere of influence; (2) Indio’s zoning ordinances for Southeastern Sphere I and Southeastern Sphere II; and (3) Indio’s application to the Riverside Local Agency Formation Commission ("LAFCO") to modify Indio's sphere of influence to include Southeastern Spheres I and II and remove Sphere I from Coachella's Sphere of Influence ("Project"). The City Council took action on various items, including passing resolutions and ordinances, to move forward with the Project. After review, the City Council at this time finds it within the public’s best interest to rescind the action items associated with the Project,.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1817 - Rescinding Several Entitlements re LAFCO Settlement

AGENDA ITEM #8.10
Second Reading of Ordinance No. 1817 - Rescinding of legislative actions... Page 238 of 355 1 ORDINANCE NO. 1817

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
RESCINDING THE FOLLOWING ACTIONS RELATED TO THE CITY’S

PETITION TO THE LOCAL AGENCY FORMATION COMMISSION FOR
A SPHERE EXPANSION: 1) ORDINANCE NUMBER 1805; AND 2)
ORDINANCE NUMBER 1806; AND FINDING THE ADOPTION OF THIS

ORDINANCE EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO TITLE 14
CALIFORNIA CODE OF REGULATIONS SECTION 15061,
SUBSECTION (B)(3), IN THAT THE PROPOSED ORDINANCE

INVOLVES A RESCISSION OF PRIOR COUNCIL ACTION AND DOES

NOT HAVE THE POTENTIAL TO SIGNIFICANTLY IMPACT THE

ENVIRONMENT

WHEREAS, pursuant to the City of Indio’s police power, the City Council of the City of Indio ("City Council") has the authority to enact and enforce regulations and regulations for the public peace, morals and welfare of the City and its residents; and,

WHEREAS, on or about February 8, 2024 the City Council applied to the Local Agency Formation Commission (“LAFCO”) for a proposed Sphere of Influence Expansion project, which included the following components (1) Indio’s general plan amendments to add Southeastern Sphere I and Southeastern Sphere II to Indio’s sphere of influence; (2) Indio’s zoning ordinances for Southeastern Sphere I and Southeastern Sphere II; and (3) Indio’s application to the Riverside Local Agency Formation Commission ("LAFCO") to modify Indio's sphere of influence to include Southeastern Spheres I and II and remove Sphere I from Coachella's Sphere of Influence ("Project"); and,

WHEREAS, the City Council took action on various items, including passing resolutions and ordinances, to move forward with the Project; and,

WHEREAS, after review, the City Council at this time finds it within the public’s best interest to rescind the action items associated with the Project; and,

WHEREAS, this Ordinance rescinds the ordinances associated with the Project; and,

WHEREAS, under separate Council action, the City Council will consider a Resolution to rescind the approved resolutions associated with the Project; and,

WHEREAS, on July 17, 2024, having reviewed and considered all testimony and materials made available to the City, including but not limited all environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Project, the City adopted this Ordinance.

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Second Reading of Ordinance No. 1817 - Rescinding of legislative actions... Page 239 of 355 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND ORDAINS AS FOLLOWS:

Section 1. CEQA: The City Council finds that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed Ordinance involves a rescission of prior council action and does not have the potential to significantly impact the environment.

Section 2. Incorporation: The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary and in the best interest of the residents of the City.

Section 3. Action: The City Council hereby rescinds the following:

1. City Council Ordinance 1805 titled “A n Ordinance Of The City Council Of The City Of Indio California, Approving The Pre - Zoning Via An Amendment To The City Of Indio Official Zoning Map Effective October 22, 2022 Pertaining To The Change In Organization For A Territory Of Land Hereafter Referred To As Southeastern Sphere I Comprised Of Approximately 36 Acres Located At The Southeast Corner Of Avenue 50 And Jackson Street And Applying A Zoning Map Designation Of Suburban Neighborhood- 4 ( Sn - 4) To Assessor' S Parcel Numbers 779250003, 779250022, 779250013, 7792500209 7792500191, 779250007, 779250002, 779250004, 779250008, 779250009, 779250016, 7792500179 7792500129 7792500069 779250010, 7792500189 7792500231,7792500119 779250014 AND 779250015 (“Ordinance 1805”).

2. City Council Ordinance Number 1806 titled, “An Ordinance Of The City Council Of The City Of Indio California, Approving The Pre -Zoning Via An Amendment To The City Of Indio Official Zoning Map Effective October 22, 2022 Pertaining To The Change In Organization For A Territory Of Land Hereafter Referred To I As Southeastern Sphere I Comprised Of Approximately 228 Acres Located East Of Jackson Street, West Of Calhoun Street, North Of Avenue 52 And South Of Avenue 50 And Applying A Zoning Map Designation Of Desert Estates Transition- 3 ( Det-3) To Assessor's Parcel Numbers 779310009, 779310008, 779330003, 779330005, 779330008, 779330015, 7793100139 7793300069 7793300029 779330007, 7793300129 7793300171, 7793300209 7793500039 7793300189 779310001, 779310003, 7793100041, 779310002, 779310007, 7793100059 779310012, 77931001417793100151, 7793100199 779330004, 7793300149 779310016, 779310018, 7793300101, 779330013, 779330016, 779350004, 779350005, 779310010, 779310011, 779330001, 779330009, 779330011, 779310006, 779310017, 779350002, 7793500089 779350009, 779350011, 779330019, 779350006, 7793500121 7793500019 779350007 AND 779350010 (“Ordinance 1806”)

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Second Reading of Ordinance No. 1817 - Rescinding of legislative actions... Page 240 of 355 3 3. The Council also rescinds any accompanying environmental documents and approvals associated with the Project.

Section 4. Severability: The City Council of the City of Indio hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

Section 5. Effective Date : This Ordinance shall become effective thirty (30) days after the second reading.

Section 6. Publication: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Indio.

PASSED, APPROVED and ADOPTED this 18th day of September 2024.

___________________________

LUPE RAMOS AMITH
MAYOR

ATTEST:

________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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City Council
September 18, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jennifer A. Mizrahi, Assistant City Attorney Subject: Second Reading of Ordinance No. 1818, an ordinance of the City Council of the City of Indio, amending Section 10.19 and adding Sections 10.20 through and including 10.23 to the City's Municipal Code regulating use of the City's Seal and Logo

RECOMMENDATION:

Approve Second Reading of Ordinance No. 1818, amending Section 10.19 and adding Sections

10.20 through and including 10.23 to the City's Municipal Code regulating use of the City's Seal and Logo

BACKGROUND INFORMATION:

Restrictions on the use of a City’s seal and logo are common. Most policies tend to give the City Clerk custody of the seal and create penalties for unauthorized use. Many cities also create a broader category of agency “insignia” that includes the City’s logo. Cities may include affirmative statements limiting the use of either the City seal or insignia for purposes directly connected with City’s official business. Some also create processes for approving other uses by the City’s governing body or a designated individual.

Government Code section 34501 provides in part, “Every city organized pursuant to this part shall … have a common seal, alterable at the pleasure of the legislative body.” There are several state laws including Government Code Section 64501.5 and Elections Code Section 18304 that prohibit seals to be used in political campaigns with the intent to deceive the voters in a manner that creates a misleading, erroneous, or false impression that the campaign material is authorized by a public official.

Ordinance Highlights: The proposed Ordinance creates more comprehensive regulations of the City’s Official Seal and Official Logo. The proposed Ordinance highlights are: 1) establishing the City’s official Logo and Seal; 2) proposing regulations by which the City official Logo and Seal may be used; 3) establishing unlawful acts related to the City’s official Logo and Seal, and 4) overall protecting the official Seal and the official Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse. The proposed Ordinance seeks to ensure that the official Seal and the official Logo are used only for purposes directly related to the official business of the City of Indio.

of provisions the from exempt this ordinance the of Adoption Environmental: is California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, AGENDA ITEM #8.11
Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 242 of 355 subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1818 - Ordinance re Seal and Logo.08.01.24

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 243 of 355 1 ORDINANCE NO. 1818

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
AMENDING SECTION 10.19 AND ADDING SECTIONS 10.20
THROUGH AND INCLUDING 10.23 TO THE CITY’S MUNICIPAL CODE REGULATING USE OF THE CITY’S SEALS AND LOGOS
WHEREAS, pursuant to the authority granted the City of Indio (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the City Seal, City logos, and other City insignias in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and, WHEREAS, Government Code section 34501 provides in part, “Every city organized pursuant to this part shall … have a common seal, alterable at the pleasure of the legislative body;” and,

WHEREAS, there are several state laws including Government Code Section 64501.5 and Elections Code Section 18304 that prohibit seals to be used in political campaigns with the intent to deceive the voters in a manner that creates a misleading, erroneous, or false impression that the campaign material is authorized by a public official; and,
WHEREAS, the City desires to protect its official Seal and the official Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; and,
WHEREAS, the City Council seeks to ensure that the official Seal and the official Logo are used only for purposes directly related to the official business of the City of Indio; and,
WHEREAS, adoption and enforcement of this Ordinance lies within the City’s police power; and,
WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.

Section 2. AMENDMENT to section 10.19

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 244 of 355 1 That the City Council hereby amends the following section 10.19 of the Indio Municipal Code to read as follows:

10.19. City’s official seal.

A.The official seal of the City of Indio shall be the seal illustrated and depicted in Exhibit “A” (“Seal”), and A city seal is hereby adopted as the official seal of the city in accordance with the design on file in the office of the City Clerk and as approved by the City Council March 3, 1954.

B. The Seal shall contain the words in a circular manner, “CITY OF INDIO, RIVERSIDE COUNTY, CALIFORNIA” and in the lower center portion of the Seal the words “INCORPORATED MAY 16, 1930.”
C. The color scheme, as shown on the design on file in the office of the City Clerk, is hereby adopted for all city purposes.

D. The Seal shall be maintained in the office of the City Clerk, and a copy of its depiction shall be available for inspection by the public during all regular business hours.

E. The City Clerk shall have custody and charge of the Seal.

F. The Seal shall be the property of the City. The Seal may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal corporate seals are usually and customarily used.

Section 3. ADDITION OF SECTIONS 10.20 THROUGH 10.23
That the City Council hereby adds the following sections 10.20 through and including

10.23 to the Indio Municipal Code to read as follows:

Section 10.20. City’s official logo.

A. The official logo of the City of Indio shall be the logo illustrated and depicted in Exhibit “B” (“Logo”).

B. The Logo of the City shall be maintained in the office of the City Clerk, and a copy of its depiction shall be made available for inspection by the public during all regular business hours.

C. The City Clerk shall have custody and charge of the Logo.

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 245 of 355 1 D. The Logo shall be the property of the City. The Logo may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal logos are usually and customarily used.

E. The City Manager will administer any policies and regulations related to the use of the City Logo. The City Logo, in general, shall be used in a manner that is less formal than the Seal.

10.21 Violation.

A. Except as provided in this chapter, it shall be unlawful for any person to make, reproduce, manufacture, display or use the Seal, the Logo, or any representation thereof, or use a design that closely resembles the Seal or Logo for any purpose whatsoever in a manner that creates a misleading, erroneous, or false impression that the use is authorized by the City.

B. A violation of Section 10.20 through and including 10.21 or maintaining such any such violation shall constitute a public nuisance subject to the provisions set forth in Chapter 12, including, but not limited to, the imposition of any and all civil and/or criminal penalties that may apply.

10.22 Modification, suspension and/or revocation of validly issued City permit and/or City license.

A violation of this Section 10.20 through and including 10.21 by the holder of any City permit and/or City license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions of this code.

10.23 Additional penalties.

Nothing in Section 10.20 through and including 10.22 shall preclude the City from pursuing the remedies provided by Chapter 12, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

Section 4. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 246 of 355 1 Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

Section 5. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 6. EFFECTIVE DATE
This ordinance shall become effective 30 days after its second reading.

PASSED, APPROVED AND ADOPTED this 18th day of September, 2024. __________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 247 of 355 1 Exhibit A

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 248 of 355 1 Exhibit B

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Second Reading of Ordinance No. 1818 , an ordinance of the City Council ... Page 249 of 355 City of Indio
City Council
September 18, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Interim Dir. of Economic Development Subject: Approve the Indio Public Arts Work Plan FY 24/25 and allocate the proposed budget.

RECOMMENDATION:

Approve the Indio Public Arts Work Plan FY 24/25 and allocate the proposed budget.

SUMMARY:

Since 2022, each fiscal year, staff has created a work plan to guide the implementation of the Arts in Public Places Program within the City. The current plan for FY 24/25 is now before the City Council for review, revision, discussion, and ultimately, approval. It should be noted that, during their regular meeting on September 10, 2024, the Public Arts Commission reviewed the Plan and recommended its approval and budget allocation to the City Council.

BACKGROUND INFORMATION:

The City of Indio Public Arts Work Plan FY 24/25 (“the Plan”) details ten (10) carry-over projects from previous years and introduces one (1) new project for the current fiscal year. These projects will be completed based on their priority and available funding, as outlined in Attachment A (Indio Public Arts Work Plan FY 24/25). The Plan includes an overall budget, a brief description of each project, anticipated and processes, selection the recommended locations, proposed artist completion dates.

The total budget for the Plan is $873,474.00, which covers all ten (10) carry-over projects and one (1) new project. The new project involves installing a mural on the restroom buildings at Center Stage, costing the City $57,000.

The budget also includes estimates for traffic control and maintenance costs. Funding for the Plan will come from the Art in Public Places Fund. This Fund is designated to collect fees from developers who choose to pay in lieu of providing public art within their developments. These collected fees can only be used for public art, in accordance with the City’s Art in Public Places Program/Ordinance No. 1455 (see Attachment B).

A. Ongoing and Carry Over Projects:

1. 9/11 Memorial: On August 16, 2023, the City Council approved the project. The project has been delayed due to budget preparation for FY 24/25 and now working on getting the AGENDA ITEM #8.12
Approve the Indio Public Arts Work Plan FY 24/25 and allocate the propos... Page 250 of 355 contract finalized to start the work. It should be noted that staff is working with the artist to unveil the 9/11 Memorial Project on September 11, 2025.

2. Desert Tortoise: On February 7, 2023, the City Council approved the project first for the Sprots Park and then on September 12, 2023, the City Council approved a new location. The project has been delayed due to change of location the project will be completed fall of 2024.

3. Desi Memorial Mural: On March 1, 2023, the City Council approved the above noted project.

The project has been delayed due to the required wall repair that needs to be done by Loma Linda Hospital and due to the City Hall campus construction. The construction dust is preventing us from proceeding with the painting currently.

4. AR for Desi Memorial Mural: On November 15, 2023, the City Council approved the project.

5. Fred Waring Mural: On March 1, 2023, the City Council approved the project. The project has been delayed because the artist needed to obtain a work visa.

6. Shields Park Sculpture: On February 14, 202, the City Council approved the project. The project has been delayed due to budget preparation for FY 24/25 and now working on getting the contract finalized to start the work.

7. Bravo Project: On September 18, 2023, the City Council approved the project. The artist is working on the project.

8. Mural Conservation Plan: The above noted Plan will go before ethe City Council for review and approval on August 21, 2023.

9. Alley Activation Project (including three components): On August 16, 2023, the City Council approved the project, which includes three components: a glow-in-the-dark mural (completed), split lights (currently being redesigned for a new location), and illuminated benches (installed, with ongoing work to add illumination). The project has been delayed due to issues with electricity and installation, which appear to be resolved. The project is now expected to be completed in the fall of 2024.

10. Indio Mural #16 (Jackson and Ave 45): This project was reviewed by the Public Arts Commission on January 9, 2024, which recommended approval to the City Council. The project has been delayed in moving forward to the City Council due to budget preparation for FY 24/25. We are now working on finalizing the contract to commence the work.

# Project Budget Timeline Remaining Estimated Traffic Control Plan
Estimated
Maintenance Cost
1 9/11 Memorial $125,000 To be completed
by 9/11 2025
$125,000
(contract has not
been executed)
$15,000 $10,000
2 Desert Tortoise $125,000 To be installed in
winter of 2024
$42,000 (final
payment) N/A $5,000
3 Desi Memorial
Mural $85,000
To be completed
in February 2025.

The delay is the
wall repair by
Loma Linda
Hospital and the
City Hall Campus
$85,000
(contract has not
been executed)
$5,000 $3,000

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Approve the Indio Public Arts Work Plan FY 24/25 and allocate the propos... Page 251 of 355 # Project Budget Timeline Remaining Estimated Traffic Control Plan
Estimated
Maintenance Cost
construction
4 AR for Desi
Memorial Mural $20,000
To be completed
in February 2025.

The delay is the
wall repair by
Loma Linda
Hospital and the
City Hall Campus
construction
$20,000
(contract has not
been executed)
N/A $3,000 yearly
host.
5 Fred Waring
Mural $30,000 To be complete
fall of 2024
$30,000
(contract has not
been executed)
$15,000
Included in Mural
Conservation and
Restoration Plan
6 Shields Park
Sculpture $100,000 To be completed
spring of 2025
$100,000
(contract has not
been executed)
N/A $10,000
7 Bravo Project $100,000 To be completed
in Spring of 2025
$66,000 (second
and final
payment)
$5,000 $7,000
*8
Mural
Conservation
Plan
$170,474
To be the first
round to be
completed by
Spring of 2025
Approved by the
on City Council
August 21, 2024
$10,000 N/A
9 Alley Activation $135,000 To be completed
fall of 2024.
$28,000 (last
payment) N/A $4,000
10 Indio Mural # 16
(Jackson St and
Ave 45)
$60,000 To be completed
in winter of 2024 $60,000 $5,000
Included in Mural
Conservation and
Restoration Plan
10 Total Allocated
Budget $950,474 N/A $726,474 $55,000 $35,000
11 Total Budget
(carry over
projects +
estimated traffic
control Plan and
maintenance)
$1,040,474
12 Total Remainder $816,474
B. New Project:

The only new project for the FY 24/25 is listed below:

1. Center Stage Mural Project: A new initiative to enhance the ambiance of the City’s vibrant outdoor concert and event venue, Center Stage. Through this project, the City aims to create a lasting artistic legacy that enriches the experience of all who visit this cherished outdoor space.

I. Theme: TBD.

II. Budget: The overall expected budget is $50,000.

III. Artist Selection Method: Direct Commission to handful of muralists.

IV. Location: Center Stage (Indio Living Room) on Miles Avenue V. Anticipated Completion Timeline: three (3) months.

VI. Traffic Control Plan: $7,000

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Any budgetary changes to the plan will be recommended by the Public Arts Commission to the City Manager and/or the City Council for review and approval. Changes to the project theme may be recommended by the Public Arts Commission and approved by the Public Arts Commission at the time of developing a Request For Proposal (FRP) for each project.

The City of Indio Public Arts Work Plan FY 24/25 is attached as Attachment A. Staff requests that the City Council review the plan and approve it, along with the proposed budget allocation.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$873,474.00 In current year budget: Yes
Current FY General
Fund Impact:

None Budget adjustment: No
Next FY Financial
Impact:

Depend on the timeline it may
impact
Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064

ALTERNATIVES:

1. Continue the request pending submission of additional information.

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

ATTACHMENTS:

Attachment 1 - Draft Public Arts Workplan FY24-25
Attachment 2 - Ordinance No. 1455

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APPROVAL(S):

Miguel Ramirez-Cornejo, Interim Dir. of Economic Development Approved - 10 Sep 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 12 Sep 2024 Ruby D. Walla, Director of Finance Approved - 12 Sep 2024 Bryan H. Montgomery, City Manager Approved - 12 Sep 2024

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age 1 of 9
Leila Namvar
City of Indio Public Arts
Draft
Public Arts Work Plan-FY 24/25

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Public Arts Work Plan FY 24/25

SUMMARY:

The Public Arts Work Plan FY 24/25 (“the P lan”) outlines carry-over (ongoing projects) from the previous year(s) and one (1) new project for FY 24/25.

The total budget for the Plan is $8 73,474.00, which covers all ten (10) carry- over projects and one (1) new project. The new project involves installing a mural on the
restroom buildings at Center Stage, costing the City $57,000.

The
budget also includes estimates for traffic control and maintenance costs. Funding for the Plan will come from the Art in Public Places Fund . This Fund is designated to collect fees from developers who choose to pay in lieu of providing public art within their developments. These collected fees can only be used for public art, in accordance with the City’s Art in Public Places Program/Ordinance No. 1455.

Any budgetary changes will require review by the Public Arts Commission and approval by the City Council, as recommended by the Public Arts Commission to the City Manager and/or City Council. Additionally, changes to the project theme or scope may be recommended and approved by the Public Arts Commission during the development of a Request for Proposal (RFP) for each project.

BACKGROUND:

The City of I ndio recognizes t he valuable role that pu blic ar t pl ays i n enhancing the quality of life in the community. Public arts have the power to transform a space into an active environment t o inspire c ommunity en gagement a nd c elebrate the uni que character of Indio. Public art projects are a great tool to build stronger connections between people in the community that could result in community-gathering places.

The Plan outlines carry-over (ongoing projects) from the previous year(s) and new projects for two consecutive fiscal years. The projects will be completed based on priorities and availability of funds. The Plan proposes an overall budget, brief description, proposed location, recommended type of artist selection process, and anticipated completion date. The Plan focuses on clear visionary directions and decision-making processes for the Program.

A
ny budgetary changes to the plan will be recommended by the Public Arts Commission to the City Manager and/or the City Council for review and approval. Changes to the project theme and or consent can be recommended and approved by the Public Arts Commission at the time of developing a Request For Proposal (FRP) for each project.

ENVIRONMENTAL CONSIDERATIONS:

U
nder t he C alifornia Environmental Quality Act ( CEQA), c ontinuing ad ministrative activities, such as what is recommended in the Plan do not constitute a “project.” [CEQA Guidelines section 15378(b)(2)].

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Public Arts Work Plan FY 24/25

COMMUNITY ENGAGEMENT:

Community engagement is a key element in the Plan regarding engaging the community/audiences and fostering participation in the public arts. Therefore, to develop the City’s Work Plan FY 24/25, The City distributed a city -wide survey from July 1, 2024 to July 31, 2024, to gather input from residents, workers, and visitors regarding their interest in public art, including sculptures and murals. The survey sought to understand opinions on public art's role in the community, preferred locations for installations, and desired types of art. It also explores interest in various arts programming and facilities, such as workshops, classes, and performance spaces.

Participants were invited to suggest fee structures for facility rentals and provide additional feedback on enhancing arts access and engagement in Indio. The survey has garnered 161 responses . A summary is provided below. For the complete survey report, please refer to Attachment A.

The C
ity of Indio conducted a survey to gauge community interest in public art for its Fiscal Year 2024/2025 workplan. Out of 485 survey starts, 161 responses were submitted.

Public Art Opinions:
• 91% of respondents love public art.
• 8% are neutral about it, and only 1% expressed disinterest.

Perceived Roles of Public Art:
• 83% believe public art contributes to beautification. • Other significant roles include inspiring creativity (73%), bringing delight to spaces (76%), and promoting community pride (64%).

Preferred Locations for Public Art:
• Downtown Indio and high visibility places along roadways are top preferences.
• Residential neighborhoods and unexpected hidden places were less favored.

Desired Art Types:
• 62% want more functional art.
• 59% are interested in community art projects and murals. • Other popular types include sculptures (54%) and interactive installations (50%).

Preferred Art Styles:
• Whimsical art is most favored, followed by historical and pop art.

Economic Value:
• 62% of respondents see economic value in installing public art.

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Public Arts Work Plan FY 24/25

Engagement with Art:
• 92% enjoy art, while 40% create it and 36% buy or acquire it.

Arts Programming Preferences:
• Art displays (70%), interest in fine art lessons (55%). • A majority prefer social media (87%) and email (61%) for event updates.

Fee Structures for Arts Facilities:
• 44% prefer a daily use fee for new programs.
• A membership offering discounts is of interest to 69%.

Barriers to Attendance:
• 51% cite cost as a major barrier.
• 65% mention a lack of information or marketing as a concern.

Ov
erall, the survey highlights a strong community interest in diverse and engaging public art, with specific preferences for art types and locations that align with enhancing public spaces and local identity.

PUBL
IC ARTS WORK PLAN:

A. Ongoing and Carry Over Projects
The Public Arts Commission acknowledges the following current projects that will be carried over from the past year.

1. 9/11 Memorial: On August 16, 2023, the City Council approved the project. The project has been delayed due to budget preparation for FY 24/25 and now working on getting the
contract finalized to start the work. It should be noted that
staff is working with the artist to unveil the 9/11 Memorial Project on September 11, 2025.

2. Desert Tortoise: On February 7, 2023, the City Council approved the project first for
the Sprots Park and then on September 12, 2023, the City Council approved a new location. The project has been delayed due to change of location the project will be completed fall of 2024.

3. Desi Memorial Mural: On March 1, 2023, t
he City Council approved the above
note
d project. The project has been delayed due to the required wall repair that needs
to be done by Loma Linda Hospital and due to the City Hall campus construction. The construction dust is preventing us from proceeding with the painting at
this time.

4. AR for Desi Memorial Mural: On November 15, 2023, the City Council approved t
he project. The project has been delayed due to the required wall

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Public Arts Work Plan FY 24/25

repair that needs to be done by Loma Linda Hospital and due to the City Hall campus construction. The construction dust is preventing us from proceeding with the painting currently.

5. Fr
ed Waring Mural : On March 1, 2023 , the City Council approved the project.

The project has been delayed because the artist needed to obtain a work visa.

6. Shi
elds Park Sculpture: On February 14, 202, the City Council approved the project. The project has been delayed due to budget preparation for FY 24/25 and now working on getting the contract finalized to start the work.

7. Br
avo Project: On September 18, 2023, the City Council approved the project.

The artist is working on the project.

8. Mur
al Conservation Plan: The above noted Plan will go before ethe City Council for review and approval on August 21, 2023.

9. Al
ley Activation Project (including three components): On August 16, 2023, the City Council approved the project, which includes three components: a glow -in- the-dark mural (completed), split lights (currently being redesigned for a new location), and illuminated benches (installed, with ongoing work to add illumination). The project has been delayed due to issues with electricity and installation, which appear to be resolved. The project is now expected to be completed in the fall of 2024.

10. Indi
o Mural #16 (Jackson and Ave 45): This project was reviewed by the Public Arts Commission on January 9, 2024, which recommended approval to the City Council. The project has been delayed in moving forward to the City Council due to budget preparation for FY 24/25. We are now working on finalizing the contract to commence the work.

The table on the following page provides a detailed budget and timeline for the projects mentioned above.

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Public Arts Work Plan FY 24/25

# Project Budget Timeline Remaining Estimated Traffic
Control Plan
Estimated
Maintenance
Cost
1 9/11 Memorial $125,000 To be
completed by
9/11 2025
$125,000
(contract has not
been executed)
$15,000 $10,000
2 Desert Tortoise $125,000 To be installed
in winter of
2024
$42,000 (final
payment)
N/A $5,000
3 Desi Memorial
Mural
$85,000 To be
completed in
February 2025.

The delay is
the wall repair
by Loma Linda
Hospital and
the City Hall
Campus
construction
$85,000
(contract has not
been executed)
$5,000 $3,000
4 AR for Desie
Memorial Mural
$20,000 To be
completed in
February 2025.

The delay is
the wall repair
by Loma Linda
Hospital and
the City Hall
Campus
construction
$20,000
(contract has not
been executed)
N/A $3,000 yearly
host.
5 Fred Waring
Mural
$30,000 To be complete
fall of 2024
$30,000
(contract has not
been executed)
$15,000 Included in Mural
Conservation and
Restoration Plan
6 Shields Park
Sculpture
$100,000 To be
completed
spring of 2025
$100,000
(contract has not
been executed)
N/A $10,000
7 Bravo Project $100,000 To be
completed in
Spring of 2025
$66,000 (second
and final payment)
$5,000 $7,000
*8 Mural
Conservation
Plan
$170,474 To be the first
round to be
completed by
Spring of 2025
Approved by the
City Council on
August 21, 2024
$10,000 N/A
9 Alley Activation $135,000 To be
completed fall
of 2024.
$28,000 (last
payment)
N/A $4,000
10 Indio Mural #
16 (Jackson St
and Ave 45)
$60,000 To be
completed in
winter of 2024
$60,000 $5,000 Included in Mural
Conservation and
Restoration Plan
10 Total
Allocated
Budget
$950,474 N/A $726,474 $55,000 $35,000

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Public Arts Work Plan FY 24/25

11 Total Budget
(carry over
projects +
estimated
traffic control
Plan and
maintenance)
$1,040,474
12 Total
Remainder
$816,474
* The following table provides details about the City’s Mural Conservation Plan.

B. NEW PROJECT FOR FY 24/25:

1. Center Stage Mural Project:

A new initiative to enhance the ambiance of the City’s vibrant outdoor concert and event venue, Center Stage. Through this project, the City aims to create a lasting artistic legacy that enriches the experience of all who visit this cherished outdoor space.
*Detailed Cost for Indio Mural Conservation Program
# Mural Name
Long
Term Immediate Yearly
1 Marry Ann's Bakery $11,351 $10,751 $2,350
2 Desert Cahuilla
Village $22,476
$19,476 $2,350
3 Agriculture in Indio
and Coachella Valley $15,426
$12,076 $2,350
4 History of Water in
Coachella valley $17,076
$15,076 $2,350
5 Moving Toward
Future $12,641
$11,036 $2,350
6 Rebirth $13,641 $11,036 $2,350
7 Old Indio $19,491 $14,891 $2,350
8 Cataclasis $30,006
$30,006
(same)
$2,350
9 Full Steam Ahead
(Jackson Bridge) $28,670
$24,446 $2,880
10 Total Budget $170,778 $148,794 $21,680

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Public Arts Work Plan FY 24/25

I. Theme: TBD.

II. Budget: The overall expected budget is $50,000.

III. Artist Selection Method: Direct Commission to handful of muralists.

IV. Location: Center Stage (Indio Living Room) on Miles Avenue V. Anticipated Timeline: three (3) months.

VI. Traffic Control Plan: $7,000
TOTAL ANTICIPATED BUDGET:

The
overall budget for this Work Plan is $ 873,474.00, covering ten (10) approved projects and one (1) new project. Projects will be executed based on available funds and priority. Any budgetary changes will require review by the Public Arts Commission and approval by the City Council, as recommended by the Public Arts Commission to the City Manager and/or City Council. Additionally, changes to the
project theme or scope may be recommended and approved by the Public Arts Commission during the
development of a Request for Proposal (RFP) for each project.

QUESTIONS
Questions related to the Plan and the City’s Public Arts Programs shall be directed to Leila Namvar, Public Arts Analyst, at [email protected].

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Public Arts Work Plan FY 24/25

Attachment A
2 024 Public Arts City-Wide Survey

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Approve the Indio Public Arts Work Plan FY 24/25 and allocate the propos... Page 263 of 355 Constant Contact Survey Results
Campaign Name: Public Arts Survey
Survey Starts: 485
Survey Submits: 161
Export Date: 08/02/2024 10:59 AM

MULTIPLE CHOICE
How do you feel about public art?
Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
I love public art 146 91%
I am neutral about public art 13 8%
Public art does not interest
me 1 0%
Total Responses 160 100%

CHECKBOXES
What do you believe the role of public art should be? Select all that apply.

Answer Choice 0% 100%
Number of
Responses
Responses
Ratio
Beautification 133 83%
Economic Development 48 30%
Community Development 74 46%
Inspire creativity/imagination 117 73%
Bring delight to everyday
spaces 122 76%
Promote community pride 103 64%
Create
neighborhood/community
identity 88 55%
Attract tourism 78 49%
Encourage social change
(i.e. send a message) 57 35%
Support artists 109 68%
Reflect local diversity and
culture 104 65%
Honor community history 92 57%
Bring neighbors together 71 44%
Total Responses 159 100%

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Indio City CouncilSeptember 18, 2024

Indio City Council
September 18, 2024