Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 125 of 267
23 | Page
14.1.2 Maintain Order, Decorum and Procedure.
The Mayor is responsible for maintaining order and decorum of meetings and enforcing the City’s decorum rules where necessary. The Mayor is responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion.
14.1.3 Ceremonial Head.
The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries. If the Mayor is unavailable or is otherwise unable to carry out this responsibility, then the “Mayor Pro Tem” or most senior Member shall assume this responsibility on an as-needed basis.
14.1.4 Spokesperson.
The Mayor is the official spokesperson for the City and has the lead responsibility for communications with the press and public on official City business. The Mayor shall work on press releases and statements to the press with the City Manager and shall report the majority position adopted by the Council, and not his or her personal opinion on matters.
This section shall not be construed to prevent the dissemination of information from the City Manager on factual matters related to the operation of the City. In the Mayor’s absence, the Mayor Pro -Tem is designated as spokesperson.
14.2 At Public Meetings.
14.2.1 Follow Rules of Order, Decorum and Procedure.
Members shall adhere to the rules of order, decorum and procedure for the conduct of public meetings adopted by the Council from time to time.
Abiding by these rules will maintain civility and the orderly conduct of business.
14.2.2 Keep Conduct Professional.
Members shall conduct themselves in an orderly, professional, and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly.
14.2.3 Professional Attire.
Members should wear professional and business -like attire at public meetings. The Mayor may allow business casual attire during the summer or for special events or occasions.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 126 of 267
24 | Page
14.2.4 Keep Comments on Topic.
Public meetings are to attend and to and resolve City business. Members shall avoid being overly repetitious and shall endeavor to limit their comments to the subject matter at hand. Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates.
14.2.5 Ask Questions in Advance.
When preparing for public meetings, Members are encouraged to provide their questions far enough in advance to the City Manager or City Attorney so that meaningful information and responses can be shared at the meeting.
14.3 Relations with Fellow Members.
14.3.1 Civility.
Members shall always practice civility. By doing so, the Member helps the City to fulfill its potential by putting the common good ahead of personal rivalries or irritations. Civility is best fostered by a collective commitment to following established rules of procedure.
14.3.2 Team Spirit.
While Members may occasionally disagree, Members shall strive to foster a collegiate or team-oriented environment among themselves.
14.3.3 Retreats, Goal Setting and Training.
To encourage a strong working relationship and communication, Members should have at least one retreat, goal setting session, and/or group training session each year.
14.3.4 Different Points of View.
Members shall exercise tolerance for the different opinions, perspectives, and points of view of their colleagues and shall recognize their right to express these views on matters of City business within the established rules of decorum and order of business.
14.3.5 Managing Conflict.
Members shall manage disagreement with civility and professionalism and shall not allow disagreement to turn into open conflict or hostility.
Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City employees
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 127 of 267
25 | Page
and/or members of the public. Concerns with City employees shall be brought directly to the City Manager.
14.4 Public Communication and Appearance.
14.4.1 Personal versus City Positions.
It is an important part of each Member’s responsibility to communicate with the public. In communications regarding City business, it is important to distinguish a Member’s personal views and opinions and the adopted City position. When appearing before another governmental agency or organization, the Member shall clearly set forth the City’s official position, and then may express their own position. a) Expressing Dissent.
Each Member has a right under the First Amendment to express their views and opinions, even if contrary to the official position of the City. However, Members shall express their dissenting views with tact and civility.
14.4.2 Use of Official Titles.
Members may use their official title only when conducting official City business, for informational purposes, or as an indication of background and expertise, after having carefully considered whether they are exceeding or appearing to exceed their authority.
14.4.3 Response to Public Communication.
Members are encouraged to respond promptly to letters, telephone calls and other communications received from members of the public who have requested a response. Members are not required to respond to commercial solicitations or to anonymous, obnoxious , or harassing communications.
14.4.4 Social Media.
Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the social media usage of Members shall be governed by the policy set forth in Appendix “F” attached hereto.
15. ENFORCEMENT
15.1 Member Responsibility.
Upon adoption of these Protocols and thereafter upon assuming office, each Member shall sign a statement affirming they read and understood these
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 128 of 267
26 | Page
Protocols. Each Member is responsible for adhering to these Protocols, as well as the laws that comprise the basic legal framework for local government discussed in the first part of the Protocols.
15.2 Council Authority.
Only the Council has the authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.
15.2.1 Training and Education.
The Council shall sponsor periodic training opportunities for Members to become more familiar with the Protocols and the legal framework (See Appendix “A”).
15.2.2 Council Members.
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the Council or to otherwise deprive them of their office. However, as provided in Section 15.4, a majority of the Member s may remove a Member from all Council honorary and/or ceremonial positions and ad -hoc and standing Committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the Council.
15.3 Violation of Oath of Office or the Law.
All Members take an oath upon assuming office, pledging to uphold the Constitutions of the State of California and United States of America, laws of the City, and the statutes of the state and the f ederal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law. Constitutional and legal violations do not fall under these enforcement procedures and should rather be investigated and enforced under the appropriate civil or criminal proceedings by the appropriate authorities.
15.4 Violation of Protocols.
15.4.1 Complaint.
Where any person has substantial evidence that a Member has materially violated these Protocols, they may file a written statement with the City Clerk who shall then provide it to the City Manager and City Attorney and the affected Member. The name of the complainant shall initially be redacted and kept confidential and not disclosed until it has been determined as provided in Section 15.4.2 that there is
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 129 of 267
27 | Page
substantial evidence that the Member has materially violated the Protocols.
15.4.2 Investigation.
Upon receipt of a Complaint as provided in Section 15.4.1, or upon the direction of the Council, the City Manager, in consultation with the City Attorney, shall investigate and report, within not more than thirty (30) days, as to whether there is substantial evidence in support of an allegation that a Member has materially violated these Protocols. The City Manage r, in consultation with the City Attorney, may hire an independent investigator regarding the complaint. If the City Manager concludes, with the concurrence of the City Attorney, that there is not substantial evidence to support an alleged violation or that the violation was not material they shall so report to the Council and the matter shall be deemed dismissed unless the Council directs that a public meeti ng be held pursuant to Section 1 5.4.3. If the City Manager, with the concurrence of the City Attorney, concludes that there is substantial evidence to support an alleged material violation of the Protocols, they shall issue a report to the City Council and the Member. The affec ted Member shall have thirty (30) days to provide any written comments or evidence to the City Manager, City Attorney and City Council in response to the report.
15.4.3 Enforcement.
The Council shall enforce these Protocols against Members depending upon the extent and severity of the violation by means of either (i) a warning; (ii) a written reprimand; or (iii) censure. The following procedure shall be utilized:
a) Receipt of Report.
Upon receipt of the Report, the Council shall hold a public meeting at which it shall determine whether the complaint should be dismissed, a warning should be issued, a written reprimand should be issued, or censure issued. In the event the Council determines that it appears that anything other than a dismissal or warning is appropriate, it shall set a public hearing to be held within thirty (30) days and provide written notice and opportunity to be heard to the affected Member.
b) Dismissal.
Where the Council, based on the Report and any statement from the affected Member, determines that it is clear that no violation occurred or that only a trivial or de minimus violation occurred, or that the complaint was motivated by revenge or other improper motives, the Council may dismiss the complaint.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 130 of 267
28 | Page
c) Warning.
Where the Council, based on the Report and any statement from the affected Member, determines that there is some evidence that only a minor violation or a questionable practice has occurred, the Council may issue a written warning to the affected Member specifying the violation(s) and requesting corrective action. d) Reprimand.
Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Protocols, the Council may adopt a resolution reprimanding the affected Member for their conduct, stating that any violations shall cease, and requesting corrective action. The affected Member may file a rebuttal to the Reprimand with the City Clerk ’s Office , which shall become a matter of public record.
e) Censure.
Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of these Protocols, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the affected Member by condemning his/her actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting them if they hold the honorary position of Mayor or Mayor Pro Tempore, stating that the violations shall cease, and demanding corrective actions. The affected Member may file a rebuttal to the Censure with the City Clerk’s Office, which shall become a matter of public record.
f) Removal from Office.
Notwithstanding any of the provisions in this Section 15.0, the Council may not remove any Member from their elective office for sustained material violations of the Protocols.
16. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These Protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 131 of 267
29 | Page
meeting that is otherwise held in conformity with law. These Protocols shall not be construed as creating any private right of action with any person for their enforcement, enforcement of the Protocols rests exclusively with the Council in their sound discretion.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 132 of 267
1 | Page
APPENDIX A – LEGAL FRAMEWORK & RESOURCES
1.0 Legal Framework
Law or Regulations Citation
California Laws
California Constitution Article XI §§ 2, 5, 7, & 11.
General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.
Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.
Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.
Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.
Conflicts, Disclosures & Campaigns
Legally Required Participation 2 Cal. Code Regs. § 18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq.
Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices
Indio City Documents
City Municipal Code Title 3 “Administration”
City Council Rules of Order and Protocols
Reimbursement Policy Resolution No. 9809
Administrative Policy Manual Policy No. A-40 “Social Media Policy”
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 133 of 267
2 | Page
2.0 Online Resources
Resource Web Address
State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal. Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.fppc.ca.gov Conflict of Interest Info
Cal. Attorney General https://oag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
LA County Registrar–Recorder/County Clerk www.lavote.net Election Information
League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Cal. Association of Joint Powers Authorities www.cajpa.org Risk Management & Training
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 134 of 267
1 | Page
APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS1
How to Make an Ethical Decision . When presented with an opportunity to participate in making a decision for the City, the City Official should:
A. Recognize whether an ethical issue is involved.
1. Will the decision result in damage or injury to people?
2. Is there a clear good or bad result?
3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?
4. Ethical decisions are often not the easiest decision, nor the most popular.
B. Get the facts.
1. Read the staff report and get questions answered by the City Manager in advance.
2. Are there alternatives that would lead to better or worse results?
3. What are the viewpoints of the stakeholders? Are some more important than others?
4. Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:
1. Produce the most good and do the least harm? (See The Markkula Center’s Utility Test.)
a. Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions.
b. For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c. Select the action in the current situation that produces the greatest benefits over costs for all affected.
d. Ask what would happen if the action were a policy for all similar situations.
1 From the Markkula Center for Applied Ethics at the University of Santa Clara, available at https://www.scu.edu/media/ethics-center/resources/making.pdf
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 135 of 267
2 | Page
2. Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)
a. Identify the right being upheld or violated.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.
3. Treat people equally or proportionately ? (See The Markkula Center’s Justice Test.)
a. What is the distribution of benefits and burdens ? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process to decide the issue.
4. Best serve the community as a whole ? (See The Markkula Center’s Common Good Test.)
a. Identify what parts of the common good are involved. b. Explain obligations to promote or protect the common good.
c. Discern whether the proposed action conflicts with an obligation to promote or protect the common good.
5. Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a. Will the action help to make you the kind of person you want to be?
b. Will the action fit the City’s reputation or vision of what it would like to be?
c. Will the action maintain the right balance between
excellence and success for the City?
D. Make a decision and test it.
1. Which approach best suits the situation and arrives at the most ethical decision?
2. Which option is likely to be most respected by the Member’s colleagues and constituents?
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 136 of 267
3 | Page
E. Act and reflect on the outcome.
1. How can the decision be implemented to best reflect the intention and reasons for the decision?
2. What was the end result of the decision and what feedback has the City Official received?
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 137 of 267
1 | Page
APPENDIX C – ROSENBERG’S RULES OF ORDER
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 138 of 267 Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 139 of 267 ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 140 of 267 1 Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 141 of 267 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 142 of 267 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”
2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 143 of 267 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 144 of 267 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 145 of 267 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 146 of 267 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: T ell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 147 of 267 1400 K Street, Sacramento, CA 95814
(916) 658-8200 | Fax (916) 658-8240
www.cacities.org
T o order additional copies of this publication, call (916) 658-8200. $10
© 2011 League of California Cities. All rights reserved.
Printed on recycled paper.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 148 of 267
1 | Page
APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 149 of 267 RESOLUTION NO. 9809
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,
ADOPTING A REVISED POLICY REGARDING THE REIMBURSEMENT OF
EXPENSES FOR LEGISLATIVE BODIES AS REQUIRED BY GOVERNMENT CODE SECTION 53232. 2
WHEREAS, the City of Indio and the Indio City Council take stewardships over the use of limited public resources seriously;
WHEREAS, public resources may be used for travel and reimbursing the expenses of members of the City Council and appointed officials on commissions when there is a benefit to the City and when conducting City business; WHEREAS, the City has had a policy regarding the reimbursement of expenses except that policy applied to both members of a legislative body as that term is used in Government Code Section 53232.2 and City employees but some of its provisions do not apply to legislative bodies;
WHEREAS, benefits to the City of reimbursing expenses incurred by members of the City Council include but are not limited to: the opportunity to discuss the community' s concerns with local, state and federal officials; participating in regional, state and national organizations whose activities benefit and affect the City; attending educational seminars designed to improve officials' skill and information levels through continuing education and information sharing with other public officials; and promoting public service and morale by recognizing such service;
WHEREAS, legislative and other regional, state and federal agency business is frequently conducted over meals; sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City' s policy concerns; and each meal expenditure must comply with the limits and reporting requirements of local, state and federal law;
WHEREAS, this policy provides guidance to City Council members and appointed members of other legislative bodies on the appropriate use and expenditure of City resources, as well as the standards against which those expenditures will be measured;
WHEREAS, this policy satisfies the requirements of Government Code Sections 53232. 2 and 53233. 3; and
WHEREAS, this policy supplements the definition of actual and necessary expenses for purposes of applicable State laws relating to permissible uses of public resources.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 150 of 267 NOW, THEREFORE, the City Council of the City of Indio does resolve as follows:
Section 1. Application. This policy applies to all members of the Indio City Council, including their positions as member of the Indio Water Authority, Indio Public Financing Authority, Indio Housing Authority or any other entity or body created by the Indio City Council and members of appointed commissions as set forth in Section 18 of this Resolution ( collectively referred to herein as " public official"). Accordingly, references to the "City" as used in this policy shall be deemed to incorporate the Indio Water Authority, the Indio Public Financing Authority, the Indio Housing Authority or any other entity of body created by the Indio City Council and reference to a "public official" shall be applicable to the member of the legislative body of these agencies as well as members of appointed commissions when applicable. Members of the City Council and membersof other legislativebodies of the City should adhereto these guidelinesto conserve City resources and keep expenses within community standards. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursedby the Citywill be limitedto the coststhatfall within this policy, unlesssuch excess amounts have been approved in advance by the City Council.
Section 2. Expenses. City funds, equipment, supplies, and staff time must only be used for authorized business of the City of Indio.
Section 3. Authorized Expenses. Expenses incurred by a public official in connection with the following types of activities generally constitute authorized expenses, and may be reimbursed by the City as long as the other requirements of this policy are met:
A. Communicating with representatives of regional, state and national government on City policy positions.
B. Attending educational seminars designed to improve public officials' skill, knowledge, and information levels.
C. City workshops ( e.g., priority setting programs and the performance evaluation of appointed staff).
D. Participating in regional, state and national organizations whose activities benefit or affect the City' s interests.
E. Attending City, community, regional and other events whose activities benefit or positively affect the City' s interests.
F. Implementing a City -initiated strategy and/or policy, including but not limited to strategies and/or policiesfor attracting or retaining businessesto the City, whichwill typicallyinvolveat leastone staff memberandwhichmay includeout-of-state travel.
2
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 151 of 267 G. Gathering facts and information regarding City projects, issues and priorities in other jurisdictions.
Section 4. Prior Approval. The reimbursement of any international travel shall require prior approval by the City Council. Prior approval by the City Council is not required for travel in the contiguous United States.
I( Section 5. Non -Reimbursable Expenses. Examples of personal expenses that the City will not reimburse include, but are not limited to:
A. The personal portion of any trip.
B. Political or charitable contributions.
C. Family expenses, including spouse or partner's expenses when accompanyingofficial on agency -related business, as well as children -or pet -related expenses.
D. Entertainment expenses, including but not limited to theater, movies either in -room or at the theater), recreational events not related to City business including gym, massage and/or golf related expenses), and cultural events not related to City business.
E. Non -mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline.
Personal alcohol or bar expenses.
G. Personal losses incurred while on City business.
Any questions regarding the propriety of a particular type of expense should be resolved by seekingand receivingapprovalfrom the City Councilpriorto incurringthe expense.
Section 6. Transportation. The most economical mode and class of transportationreasonablyconsistentwith schedulingneedsandthe publicofficial's time constraints must be used, using the most direct and time -efficient route. Public officials are to utilize on- line travel services and secure the least expensive flights and car rental arrangements possible at the time of the purchase. In addition to the primary travel cost, e.g., airfare, rental rate, etc., a public official making transportation arrangements should also consider secondary costs, e.g., baggage charges, special fees, etc. Reservations for air transportation should be booked as early as is reasonable to take advantage of lower cost air fares.
The public official must use government and group rates offered by a provider transportationwhenavailable. Travelin businessclass, firstclassor anycategory any flight above the coach/economy level is the exception and allowable only if (a) of
on
the
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 152 of 267 public official pays the cost difference or ( b) the public official can document that no other option exists and the selected flight is the only option for travel.
Upon request from the Finance Department, supporting documentation that the flight and car reservations made were the least expensive option available may be requested from the public official.
A. Airfare/ Train/ Personal Vehicle. Allowance for air and train travel is based on actual round trip coach fare, tourist fare or by the method least costly to the City.
Public officials are expected to make special efforts to take advantage of discounts, special fares and travel vouchers whenever available at reasonable and convenient times. Travel by personal vehicle shall not exceed the cost of the airfare or train fare.
B. Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect ( see www. irs.00v). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed when a rental vehicle is used during official travel.
If an official is required to use the official' s own personal vehicle for City business, the official must, prior to using said vehicle, do the following: ( i) Complete the Authorization to Drive City of Indio Vehicle or Private Vehicle for City Business Form" authorizing the employee to use a personal vehicle which must be approved by the Director of Human Resources/ Risk Manager; ( ii) provide proof of insurance and insure the vehicle to the minimum limits required by the City' s personnel policies; ( iii) have their policies of automobile liability insurance endorsed to reflect business use; and ( iv) maintain a valid driver' s license. The use of motorcycles, mopeds and similar types of vehicles is expressly prohibited.
In the event of an incident or accident, the City does not assume responsibility for any physical damage to a public official' s personal vehicle or for the payment of any kind of deductible.
C. Car Rental. Allowance for car rental is based on actual cost to rent a mid- range size vehicle. Public officials are expected to make special efforts to take advantage of discounts, special fares and travel vouchers whenever available at reasonable and convenient times. The car rental may include a global positioning system if said equipment is standard; only standard equipment is allowed. Public officials must have a valid California driver's license and proof of insurance when using a rental vehicle while on City business.
D. Taxis and/ or Shuttles. Taxis and/ or shuttles may be reimbursed, including up to a 20 percent gratuity per fare, when the cost of such fare is equal or less than the cost of car rental, gasoline and parking combined, or when such transportation is al
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 153 of 267 necessary to the related city business activity. Public officials are expected to take the most economical mode and class of transportation consistent with scheduling needs and the officials' time constraints.
E. Parking Expenses. The City will provide reimbursement for actual cost of parking associated with travel, including parking at the airport, hotel and conference parking, training or meeting site or in conjunction with any activity set forth in Section 3 of this policy.
Section 7. Lodging. Lodging expenses will be reimbursedor paid for when travel on official City business reasonably requires an overnight stay. No reimbursement shall be made when official travel is within 60 miles of the City Hall unless prior authorization is sought and granted from the City Council. Public officials are to utilize on-line travel services and secure the least expensive lodging rates possible at the time of the purchase. In addition to the primary travel cost, e.g., room rate, etc., a publicofficialmakinglodgingarrangementsshouldalsoconsidersecondary costs, e.g., internet service fees, property use fees, etc. Reservations for lodging should be booked as early as is reasonable to take advantage of lower rates.
Thepublicofficialmustusegovernmentandgroupratesofferedbya providerof lodging when available. If the public official chooses to utilize a higher rate hotel or accommodation outside this policy, the public official is personally responsible for the difference in cost except if the public official can document that no other option exists and the selected lodging is the only option available.
A. Conferences/ Meetings. If such lodging is in connection with a conference or organized educational activity conducted in compliance with Government Code Section54952.2(c), lodgingexpensesshallnotexceedthegroupratepublishedbythe conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see paragraph B of this Section.
B. Other Lodging. The publicofficialmust requestgovernmentlodgingrates, when available. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area or for a particular hotel property, the lodging rate shall not exceed two hundred seventy-five dollars ($275) per night, inclusive of all occupancy and accommodation taxes and other room related taxes and fees. If the lodgingexceedsthis not -to -exceed limit, the publicofficialshall seekpre -approvalby the City Councilbeforeincurringsuchexpense. Higherlodging ratesbased upon late registrationor negligencein not makingan early reservationwill be reimbursed at $ 275 per night rate as described herein.
Section 8. Meals. Public officials should, when available, take meals that are provided as part of a seminar or conference registration fee. Reimbursable meal expenses and associated gratuities shall not exceed a daily rate of $65 per person for breakfast, lunch and/or dinner including tax and tip. This amount shall be adjusted 9
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 154 of 267 annually without further action by the City Council to reflect changes in the cost of living in accordance with statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the Los Angeles/ Anaheim/ Riverside Metropolitan Area. ( The annual adjustment will be based on this area whether travel is within the area or not.) Tips in excess of 20% of the cost of a meal will not be reimbursed nor will tips made at fast food restaurants and/ or convenience stores. A public official' s meal reimbursement claim shall be based on actual meal cost. Individual meals may be aggregated to create a daily total not to exceed the maximum daily rate. If a public official exceeds the daily amount for meals, the public official is required to pay these expenses from their personal funds.
Reimbursement for a meal during attendance at any single day event requires advance approval from the City Council. If approved, the maximum reimbursement for any single meal is $15, $20, $30 for breakfast, lunch or dinner, respectively, inclusive of taxes and tip.
Section 9. Telephone/ Fax. Public officials shall be reimbursed for the actual cost of all actual telephone and fax expenses while traveling on City business in order to accomplish City -related business. The bill should identify which calls were made on City business. Personal phone calls are not a reimbursable expense.
Section 10. Internet/ Computer Rental and Related Equipment. On out- of- town trips, public officials will be reimbursed for the actual cost of Internet access connection and/ or usage fees away from home, computer rental and related equipment if such use and devices are necessary for City -related business. Personal internet usage is not a reimbursable expense.
Section 11. Tips and Gratuities. Reasonable expenses for tips and gratuities are allowed for hotel and transportation purposes will be reimbursed. Baggage handling fees of up to $2 per bag will be reimbursed. Tips for meals are included in the daily meal rate, and therefore are not separately reimbursed.
Section 12. Conference/Meeting Registration Fees, etc. Conference, meeting or other registration fees in conjunction with the authorized activities as set forth in Section 3 of this policy will be reimbursed.
Section 13. Cash Advance Policy. From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City' s behalf. Such request for an advance should be submitted to the Finance Department not less than ten (10) business days prior to the need for the advance with the following information: ( a) the purpose of the expenditure( s); ( b) the anticipated amount of the expenditure( s) ( for example, hotel rates, meal costs, and transportation expenses); and ( c) the dates of the expenditure( s).
Any unused advance must be returned to the City treasury within ten ( 10) business days of the official's return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 155 of 267 Section 14. Expense Report Content and Submission Deadline. Each public official submittinga claimfor reimbursementunderthis policymust file a "City of Indio Expense Reporting Claim Form," and must include date, business destination, amount, and business purpose. Claims shall be filed promptly, no later than the end of the month following the month in which the travel and/or other necessary expenses occurred.
Claims filed after this time will not be considered for payment.
All expenses reported on must comply with this policy. Expense reports must document thattheexpensein questionmeetsthe requirementsof this Policy, includingproviding receipts and/ or credit card slips. Original receipts must include the name of the establishment where service was provided and the date on which the service was rendered. Restaurant receipts must include the items ordered as well as the total paymentmade. The inability to provide such documentationin a timely fashion may result in the expense being borne by the public official. The information submitted is a public record.
Section 15. Verification of Expense Reports. All expenses are subject to verification that they comply with this Policy. The Finance Director shall review each claim form for compliance with this policy. The Finance Director or his/her designee may request additional documentation or explanation of individual expenditures for which a public official requests reimbursement.
Section 16. Reports To the Public. As required by Government Code Section 53232.2(d), each public official shall briefly report, orally or in writing, on meetings attendedat Cityexpenseat the nextregularmeetingof the legislativebody. If multiple public officials attended a meeting, a joint report or individual report on behalf of all attendees may be made.
Section 17. ComplianceWith Laws. Public officials should keep in mind that some expenditures could be subject to reporting under the Political Reform Act and other laws. Records of all City expendituresand documentationregardingexpense reimbursements are public records subject to disclosure under the Public Records Act.
Section 18. Commission Travel and Expenses. Members of Commissions as set forth in Chapter 32 of Title 3 of the Indio Municipal Code will not be reimbursed for anyexpensesexceptas providedin this Section18. Membersof Commissionsmaybe reimbursed for expenses in conjunction with attendance at educational seminars or meetings that relate to their Commission when that seminar or meeting is located outside of the City if such attendance is authorizedby the City Manageror his/her designee and funds are budgeted for such purpose. In such case, the commissioner or committee member must comply with the applicable provisions of this Resolution.
Section 19. Violation Of This Policv. Use of public resources or falsifying expensereportsin violationof this policymay resultin any or all of the following: lossof reimbursementprivileges; a demandfor restitutionto the City; the agency's reporting 7
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 156 of 267 the expenses as income to the elected official to state and federal tax authorities; civil penalties of up to $ 1,000 per day and three times the value of the resources used; and prosecution for misuse of public resources.
Section 20. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVEDAND ADOPTEDthis 15thday of July, 2015, by the following vote:
AYES: Holmes, Miller, Strange, Wilson, Ramos Watson
NOES: None
am
LqP8 RAMOS WATSON, MAYOR
ATTEST:
CY THIA HERNANDEZ, CM
CITY CLERK
U
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 157 of 267
2 | Page
APPENDIX E – PROCEDURAL RULES FOR QUASI-JUDICIAL HEARINGS Rule 1 - Hearing Procedures
1.01 The Mayor shall announce the agenda item number and state the subject of the agenda item. The Mayor shall then identify that the agenda item is a quasi- judicial hearing and announce that the hearing is open.
1.02 The Mayor shall direct the City Clerk to administer the following oath to any person that desires to testify before the City Council on the item:
"Any member of the public wishing to address this City Council on this item please stand and raise your right hand."
The City Clerk shall then administer the following oath:
"Do you solemnly affirm that the testimony you are about to give before the City Council will be the truth, the whole truth, and nothing but the truth? If so, please say 'I do."'
1.03 The Mayor shall then request that the members of the City Council disclose any communications they have had under Rule 6 or any item required to be disclosed under the Council Protocols.
1.04 The Mayor shall then invite the City Manager, or other appropriate City staff member, to report on the item including any recommendation that they might have. The City Manager, or other appropriate City staff member shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the item.
1.05 The Mayor shall then ask members of the City Council if they have any factual questions for the City staff giving the report. At this point, the members of the City Council may ask clarifying questions to the City staff person who reported on the item and City staff shall be given a reasonable amount of time to respond.
1.06 The Mayor shall then invite the applicant or appellant, if any, to provide evidence and testimony on the item. The applicant or appellant shall have a reasonable amount of time, with a suggestion of not to exceed fifteen (15) minutes, to provide evidence and testimony.
1.07 The Mayor shall then ask members of the City Council if they have any questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given time to respond.
1.07 The Mayor shall then invite any members of the public to provide evidence and testimony on the item. The Mayor shall inquire as to whether the member of
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 158 of 267
3 | Page
the public has been sworn in and request that they state their name and address for the record. Members of the public shall have a reasonable amount of time, to provide evidence and testimony. In the case of several members of the public who wish to provide similar testimony, the Mayor may state that the public is encouraged to refrain from providing duplicate testimony.
1.08 The Mayor shall then invite the applicant or appellant, if any, to provide any rebuttal evidence and testimony. The applicant or appellant shall have a reasonable amount of time, with a suggestion of not to exceed five (5) minutes, to provide rebuttal evidence and testimony.
1.09 The Mayor shall then ask members of the City Council if they have any final questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given a reasonable amount of time to respond.
1.10 The Mayor shall then announce that the public hearing is closed and invite a motion for the City Council to consider. The Mayor shall announce the name of the member of the City Council who makes the motion. The Mayor shall then invite a second to the moti on and announce the name of the member of the City Council who seconds the motion.
1.11 The Mayor shall then invite members of the City Council to discuss the motion.
If there is no desired discussion, or after the discussion has ended, the Mayor shall then announce that the City Council will vote on the motion. If there has been no discussion or only brief discussion, the vote may proceed immediately.
If there has been substantial discussion, the Mayor may ask the City Clerk to read the motion before the vote is taken.
1.12 The City Council shall memorialize the decision in writing and may instruct the City Manager to prepare a written decision for approval during a subsequent meeting of the City Council.
Rule 2 - Hearings Are Informal; Rules of Evidence
Quasi-judicial hearings before the City Council are intended to be informal in nature and accessible to members of the public. Formal rules of evidence and discovery do not apply.
Rule 3 - Records of Proceedings
The City Clerk shall record all quasi-judicial hearings by audio and/or video recording device, as available.
Rule 4 - Time Limits
Notwithstanding the time limits contained in Rule 1 above, the Mayor shall give City staff providing the report on the item, the applicant or appellant bringing the matter
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 159 of 267
4 | Page
before the City Council, and any other person with a direct interest in the decision sufficient time to provide evidence and testimony, and may, at the discretion of the Mayor, allow for additional time.
Rule 5 - Oaths; Identification
Any person wishing to provide testimony during a quasi -judicial hearing may do so without the oath described in these Rules being administered or providing their name and address. The City Council may determine both the weight and credibility given to unsworn or anonymous testimony.
Rule 6 – Communications
6.01 Members of the City Council may receive information relevant to the item through communications with any person prior to the hearing. These communications are known as "ex-parte communications" and are substantive oral or written communications concerning quasi -judicial matters that occur outside of the quasi-judicial hearing. Such communications raise due process concerns for the parties involved in the hearing. When member s of the City Council have had ex -parte communications relevant to the quasi -judicial hearing, the Member of the City Council shall disclose the communication and the substance of the information received at the beginning of the hearing.
6.02 While the hearing is before the City Council, there shall be no communication, direct or indirect, regarding any issue in the proceeding to the members of the City Council without notice and an opportunity for all persons present at the hearing to participate in the communication.
6.03 Ex-parte communications after the hearing has closed, and before the final decision is rendered , are prohibited because there is no opportunity for rebuttal. However, if further discussion is needed, the Mayor may re-open the public hearing as needed to allow for further testimony.
Rule 7 – Attention
The Members of the City Council shall be attentive to the evidence and testimony being presented.
Rule 8 - Identification of Quasi-Judicial Matters on the Agenda
The City Manager, in consultation with the City Attorney, will identify agenda items involving quasi-judicial decisions on the agenda for the City Council with reference given to these Rules. This identification is intended to inform the City Council, interested parties, and the public that these Rules will apply to the item, but the failure to identify an item shall not be cause for continuance.
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 160 of 267
5 | Page
Appendix F – SOCIAL MEDIA POLICY
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 161 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 162 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 163 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 164 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 165 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 166 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 167 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 168 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 169 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 170 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 171 of 267
Approve the City Council Protocols (Jennifer A. Mizrahi, Assistant City ... Page 172 of 267 City of Indio
City Council
April 2, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: An amendment to the SaaS agreement between the City of Indio and Tyler Technologies resulting in a reduction in annual recurring costs of $22,133 and the implementation of new modules with one-time costs of $105,200.
RECOMMENDATION:
Approve the amendment to the software as a service (SaaS) agreement between the City of Indio and Tyler Technologies, Inc originally dated May 17, 2019, for net savings of $22,133 per year and one Asset Enterprise of modules additional the $105,200 of costs implementation time for Management and the Request & Enforcement Management API Toolkit.
BACKGROUND INFORMATION:
In May of 2019 the Council approved the original SaaS agreement for Tyler Munis, Financials and Human of several had has Indio City agreement, SaaS original that Since Resources. the amendments to the agreement including the addition of Utility Billing, Socrata Open Finance, EnerGov (licensing and permitting), and a renewal to the agreement in May of 2024. This amendment will remove the Utility Billing, Utility Billing Meter Interface, Open Finance, remove ten full user licenses for EnerGov, and MyCivic App modules from the SaaS agreement and add ten read-only Asset & Request and module, Management Enterprise the EnerGov, for licenses Enforcement Management API Toolkit.
To implement and convert existing data for the Enterprise Asset Management (EAM) module there will be one-time costs of $86,300. The EAM module will be used by the Public Works Department for the tracking and maintaining of city assets. The Request & Enforcement Management API will be used to integrate the Code Enforcement software into Tyler's licensing and permitting modules and allow the sharing of information between the two systems and the one-time cost will be $18,900.
For the annual SaaS agreement costs there will be a net savings per year of $22,133.00, please see the table below for additional information.
Tyler SaaS Amendment
Module
Remove Savings Per Quarter
Utility Billing CIS $6,148.75
Utility Billing Meter Interface $1,979.50
Open Finance $2,598.75
AGENDA ITEM #9.7
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 173 of 267 MyCivic $3,400.00
10 EPL Mobile Full Licenses $1,470.00
Total Removed $15,597.00
Add Additional Per Quarter
Enterprise Asset Management $7,530.00
10 EPL Read-Only License $1,044.00
Request & Enforcement API Toolkit $1,489.75
Total Additional $10,063.75
Total Net Savings Per Quarter $5,533.25
Total Net Saving Per Year $22,133.00
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$105,200.00 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
-$22,133 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: Information Technology ISF Fund-Org-Object Reference:
602-531018
Additional Financial Details:
To cover the one-time implementation costs it will require a budget transfer within the IT ISF of $55,000 from 602-555011 to 602-531018.
ATTACHMENTS:
Indio, CA Amend 032125
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 174 of 267 1 A
MENDMENT
T
his amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Indio, California, with offices at 100 Civic Center Mall, Indio, California 92201-4448 (“Client”).
W
HEREAS, Tyler and the Client are parties to an agreement dated May 17, 2019 (“Agreement”); and W
HEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.
NO
W THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:
1. The following Tyler Software as a Service (SaaS) are hereby removed from the Agreement as of March 1, 2025:
a. Utility Billing CIS
b. Utility Billing Meter Interface
c. Open Finance
d. My Civic
2. As of such date, Client’s right to access the above-listed software is terminated, as are Tyler’s obligations to maintain, support, host and update such software.
3. Additionally, Client’s SaaS fees payment obligation for the above-listed software ends on the same date.
4. As of March 1, 2025, Enterprise Permitting & Licensing Mobile l icenses, is hereby reduced by ten (10).
Quarterly invoicing shall be adjusted accordingly commencing March 1, 2025.
5. The items set forth in the sales quotation attached as Exhibit 1, Schedules 1 through 3, to this Amendment are hereby added to the Agreement as of the first day of the Next Quarter following the Amendment Effective Date and, notwithstanding anything to the contrary in Exhibit 1, ending coterminous with the SaaS Term as defined in the Agreement. Payment of fees and costs for such items shall conform to the following terms:
a. SaaS Fees: As of Next Quarter, the annual SaaS fees payable under the Agreement shall be increased by $40,255, with a quarterly payment increase of $10,063.75. Subsequent SaaS Fees shall be invoiced in accordance with the terms of the Agreement. b. Conversions: Fees for data conversion services shall be invoiced as follows: (i) 50% upon initial delivery of converted data, by conversion option, and (ii) 50% upon Client acceptance to load converted data into live environment, by conversion option. c. Services: Unless otherwise provided herein, services identified at Exhibit 1 and added to the Agreement pursuant to this Amendment, along with applicable expenses, shall be invoiced as provided and/or incurred.
6. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.
7. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 175 of 267
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.
Tyler Technologies, Inc. City of Indio, California
By: By:
Name: Name:
Title: Title:
Date: Date:
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 176 of 267 Exhibit 1
3 Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date, despite any expiration date in the Amendment Investment Summary that may have lapsed as of the Amendment Effective Date.
Sales quotation inserted on the following pages.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 177 of 267 2024-500467-M9Z9G2 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 04/02/25
Quote Name: City of Indio - ERP - EAM
Quote Description: EAM
Saas Term 1.00
Sales Quotation For: Shipping Address:
City of Indio
100 Civic Center Mall
Indio CA 92201-4448
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Enterprise Asset Management
Asset Maintenance & Performance - Per User 20 288 $ 30,120.00 TOTAL 288 $ 30,120.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Conversions – See Detailed Breakdown Below $ 21,500.00 $ 0.00 Project Management 36 $ 200.00 $ 0.00 $ 7,200.00 $ 0.00 Remote Implementation 288 $ 200.00 $ 0.00 $ 57,600.00 $ 0.00 TOTAL $ 86,300.00 $ 0.00
Exhibit 1
Schedule 1
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 178 of 267 2024-500467-M9Z9G2 CONFIDENTIAL Page 2 Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 30,120.00
Total Tyler Services $ 86,300.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 86,300.00 $ 30,120.00
Contract Total $ 116,420.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Enterprise Asset Management
Asset Maintenance 1 $ 21,500.00 $ 0.00 $ 21,500.00
TOTAL $ 21,500.00
Exhibit 1
Schedule 1
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 179 of 267 2024-500467-M9Z9G2 CONFIDENTIAL Page 3 Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
Implementation and other professional services fees shall be invoiced as delivered.
Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module.
Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Exhibit 1
Schedule 1
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 180 of 267 2024-500467-M9Z9G2 CONFIDENTIAL Page 4 Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.
Asset Maintenance conversion includes: Work Order Asset, Closed Work Order History- No Cost Data, Work Order History with Cost Data Exhibit 1
Schedule 1
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 181 of 267 2025-527818-P4D1B5 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 09/02/25
Quote Name: City of Indio - ERP - EPL Read
Only
Quote Description: EPL Read Only Licenses
Sales Quotation For: Shipping Address:
City of Indio
100 Civic Center Mall
Indio CA 92201-4448
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Civic Services
Enterprise Permitting & Licensing - Read Only User 12 0 $ 4,176.00 TOTAL 0 $ 4,176.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 4,176.00
Total Tyler Services $ 0.00 $ 0.00
Exhibit 1
Schedule 2
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 182 of 267 2025-527818-P4D1B5 CONFIDENTIAL Page 2 Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 0.00 $ 4,176.00
Contract Total $ 4,176.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
Implementation and other professional services fees shall be invoiced as delivered.
Exhibit 1
Schedule 2
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 183 of 267 2025-527818-P4D1B5 CONFIDENTIAL Page 3 Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module.
Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Exhibit 1
Schedule 2
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 184 of 267 2025-527818-P4D1B5 CONFIDENTIAL Page 4 Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Exhibit 1
Schedule 2
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 185 of 267 Exhibit 1
Schedule 3
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 186 of 267 Exhibit 1
Schedule 3
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 187 of 267 Exhibit 1
Schedule 3
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 188 of 267 Exhibit 1
Schedule 3
An amendment to the SaaS agreement between the City of Indio and Tyler T... Page 189 of 267 City of Indio
City Council
April 2, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment No. 3 to the existing Professional Services Agreement with Albert A. Webb Associates, Inc. in an amount of $513,117, for a total not-to- exceed 50 Avenue and Street Jackson the for $1,409,005 of amount Improvement Project (City Project No. TS1901)
RECOMMENDATION:
Approve Amendment No. 3 to the existing Professional Services Agreement with Albert A. Webb Associates Inc. in an amount of $513,117.00, for a total not-to-exceed amount of $1,409,005 for the Jackson Street and Avenue 50 Improvement Project (City Project No. TS1901) and authorize the City Manager to execute the agreement.
SUMMARY:
The City of Indio is requesting additional funding due to increased project complexity on the Jackson Street and Avenue 50 Intersection Improvements Project. The scope of the project expanded during early along improvements extending County, Riverside coordination include to planning with Jackson Street south to Avenue 52. The final project includes widening Jackson Street and Avenue 50, installing new traffic signals at three key intersections, and implementing drainage and utility improvements. During the course of the project, additional funding became necessary due to more detailed necessary. These negotiations right-of-way became changes, design planning, and changes include doubling the number of storms drain lines, revising street plans to meet developer and coordination property owner needs, updating irrigation designs, and increasing with stakeholders. The extra funding will support the additional engineering work, plan revisions, and right-of-way support needed to move the project forward.
BACKGROUND INFORMATION:
On June 19, 2019, the City Council awarded a contract to Albert A. Webb Associates, Inc. (Webb) in the amount of $287,657 for the preparation of initial environmental and design documents for improvements to the intersection of Jackson Street and Avenue 50. Webb was selected as the top proposal of the 10 submitted responses to a request for proposals.
On September 16, 2020, the City Council approved Amendment No. 1 in the amount of $41,232 to the Professional Service Agreement with Webb for additional traffic impact analysis, vehicle miles traveled analysis, air quality and greenhouse gas emissions analysis and noise technical studies for the project.
AGENDA ITEM #9.8
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 190 of 267 On December 15, 2021, the City Council approved Amendment No. 2 in the amount of $561,999, to the Professional Service Agreement with Webb, to prepare the final Plans, Specifications and Estimates (PS&E) for the Project.
Initially, the City anticipated the improvements along the east side of Jackson Street from Avenue 49/Odlum Drive to approximately 1,000 ft. south of Jackson Street and Avenue 52. However, since the east side of Jackson Street, south of Avenue 50, is located within Riverside County’s (County) Jurisdiction, during the early planning stages, the City of Indio worked with the County to extend the proposed improvements south of Avenue 50 all the way to Avenue 52 and include traffic signals at Avenue 51 and Avenue 52. Staff negotiated with the County to finalize a Cooperative Agreement for the City to be lead Agency.
The final Avenue 50 and Jackson Street Intersection Improvements Project will include widening the east side of Jackson Street from Avenue 49 to Avenue 52, and along Avenue 50 from Vista Montana Court to the eastern City Limits. As part of the improvements, new traffic signals will be installed also project The 52. and 51, Avenue 50, Avenue of intersections the at Avenue incorporates new drainage improvements, including underground retention, as well as undergrounding Imperial Irrigation District distribution lines along Avenue 50.
Webb worked closely with City and County staff to draft an Initial Study with a Mitigated Negative Declaration (IS/MND) to comply with the California Environmental Quality Act. The City approved this project and adopted the IS/MND on October 20, 2021.
The schedule for the final improvements has been delayed due to right-of-way negotiations and utility relocation efforts. As such, the City and County have phased the improvements to construct all work within the existing right-of-way as Phase 1. Construction for Phase 1 began in August 2024, with all asphalt and most of the underground improvements anticipated to be completed by August 2025.
Phase 2 of the Project will include the concrete improvements, the final drainage improvements, and utility underground work along Avenue 50. Phase 2 is anticipated to begin in August 2025.
Additional engineering and right-of-way support is necessary due to increased project complexity, necessitating and street of revisions reviews More coordination. and meetings additional improvement plans are required to accommodate requirements of new development along the corridor and property owner negotiations. The number of storm drain lines has increased from 7 to 14 due to utility conflicts, requiring further analysis and planning. Design changes, such as the CVWD irrigation replacement plans, demand extra work to meet new standards. Additional right-of- way also are stakeholders coordination with and appraisals, updated acquisition, increased necessary.
Staff have reviewed the additional scope and fee of $513,117.00 with Albert A. Webb Associates, Inc. and believe this to be a fair and reasonable price for the additional services provided. Approval of this amendment will bring the total not-to-exceed professional agreement price to $1,409,005.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$64,139.63 In current year budget: No
Current FY General $0 Budget adjustment: Yes
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 191 of 267 Fund Impact:
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Capital Projects Fund Fund-Org-Object Reference:
300-523006
Additional Financial Details:
The City has existing funding agreements with the Coachella Valley Association of Governments (CVAG) and the County of Riverside to partially reimburse the City for these costs.
The funding for the Amendment 3 is broken down as follows:
Agency Design Cost
CVAG (75%) $384,837.75
Indio (12.5%) $64,139.63
County of Riverside (12.5%) $64,139.62
Total $513,117.00
The City’s share for this amendment with Albert A. Webb Associates, Inc. is $64,139.63. To accommodate for this cost, it is recommended to appropriate $513,117 from Roadway/Parkway Landscaping Improvements Project No. PK2407, Fiscal Year 2024/25 fiscal year. The City’s share is expected to be budgeted from Transportation Funds and Developer Fees.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Amendment No. 3
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 26 Mar 2025 Steven Graham Pacifico, City Attorney Approved - 26 Mar 2025 Ruby D. Walla, Director of Finance Approved - 27 Mar 2025 Jonathan Nicks, Assistant City Manager Approved - 27 Mar 2025
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 192 of 267 ATTACHMENT 1
VICINITY MAP
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 193 of 267
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 194 of 267 ATTACHMENT 2
Amendment No. 3
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 195 of 267 TS1901 – Jackson Street and Avenue 50 Intersection Improvement Project
3RD AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF INDIO
A CALIFORNIA MUNICIPAL CORPORATION
AND
ALBERT A. WEBB ASSOCIATES
DATED: APRIL 2, 2025
Form Approved 2/17/2023
3RD AMENDMENT TO AGREEMENT
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 196 of 267 TS1901 – Jackson Street and Avenue 50 Intersection Improvement Project
This Amendment to the Professional Services Agreement for professional engineering services is made and entered into as of this 19th day of March , 2025, by and between the City of Indio (“City”), a California municipal corporation and Albert A. Webb Associates , a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into an agreement entitled “ Agreement for Professional Services” dated June 19, 2019, as amended by Amendment 1 on September 16, 2020, and Amendment 2 on December 15, 2021, (“Agreement”) for the purpose of retaining services of Consultant to provide preliminary engineering and environmental documents for construction of the Jackson Street and Avenue 50 intersection improvements project.
B. Pursuant to Section 17 of the Agreement, the Parties desire to amend the Agreement to revise the Scope of Work and increase the not-to-exceed compensation amount.
C. Section 4(a) of the Agreement provides that the Compensation shall not exceed Eight Hundred Ninety-Five Thousand, Eight Hundred Eighty-Eight Dollars ($895,888.00).
D. T his Amendment amends Section 4(a) to provide that the Compensation shall not exceed One Million, Four Hundred Nine Thousand, Five Dollars ($1,409,005.00).
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [SCOPE OF WORK]. Section 1 of the Agreement is hereby amended as follows:
Subject to the provisions of Section 1 “Consultant’s Scope of Work,” the Agreement shall be amended to expand the Scope of Work for Phase II and Phase III to include the additional services as described in Exhibit A, attached to this Amendment 3, and incorporated by this reference as though set forth in full.
1.2 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to One Million, Four Hundred Nine Thousand, Five Dollars ($1,409,005.00), as more particularly described in Exhibit A.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 197 of 267 TS1901 – Jackson Street and Avenue 50 Intersection Improvement Project
2. MANDATORY INVOICE INFORMATION/NOTICES.
Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.
On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.
3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4. INTEGRATION. This Amendment consists of pages 1 through 23, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.
5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.
7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 198 of 267 TS1901 – Jackson Street and Avenue 50 Intersection Improvement Project I
N WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.
CITY OF INDIO
___________________________
BRYAN MONTGOMERY
City Manager
ATTEST:
CITY CLERK
By: ___________________________
SABDI SANCHEZ
Director of City Clerk Services
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
STEVEN P. GRAHAM CO
NSULTANT
ALBERT A. WEBB ASSOCIATES
DILESH SHETH, P.E./T.E.
Vice President
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 199 of 267 TS1901 – Jackson Street and Avenue 50 Intersection Improvement Project
EXHBIT A
CONSULTANT SCOPE OF WORK AND FEE PROPOSAL
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 200 of 267
H:\2022\22-0013\Proposals, Contracts, & Change Orde rs\Contract Amendments\Contract Amendment 1\22-0013_Contract Amendment 1.docx
February 27, 2025
Juan Raya, PE
City Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201-3303
RE: Contract Amendment #3 Request for Additional E ngineering, Utility Coordination, and Right-of-Way Services for the Jac kson Street Improvement Project (TS1901/D0-0012)
Dear Juan:
Albert A. Webb Associates (WEBB) requests a budget amendment for additional engineering, utility coordination, and right-of-way services for the Jackson Street Improvement Project (TS1901/D0-0012).
Exhibit A describes the scope of Services, and Exhi bit B describes the Compensation for Additional Work. We look forward to continuing to work with the City of Indio on this project.
Sincerely,
Albert A. Webb Associates
Dilesh Sheth, PE/ TE
Senior Vice President
Attachments – Exhibit A – Scope of Services
Exhibit B – Compensation for Scope of Services
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 201 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
H:\2022\22-0013\Proposals, Contracts, & Change Orde rs\Contract Amendments\Contract Amendment 1\22-0013 _Contract Amendment 1.docx
EXHIBIT A - SCOPE OF SERVICES
Contract Amendment #3 for the Jackson Street Improv ement Project is essential due to increased project complexity, necessitating additional meetings and coordination. More reviews and revisions of street improvement plans are required to accommo date developer requirements and property- owner negotiations. The number of storm drain lines has increased from 7 to 14 due to utility conflicts, requiring further analysis and planning. Design changes, such as the CVWD irrigation replacement plans, demand extra work to meet new st andards. Additional right-of-way acquisition, updated appraisals, and increased coordination with stakeholders are also necessary.
In late 2023, the City of Indio and the County of Riverside decided to expedite the Jackson Street Improvement Project (TS1901/D0-0012) by constructing it in two phases:
Phase 1: Rehabilitate existing pavement, install new pavement within the existing street right-of- way, and provide two northbound and two southbound lanes with left turn lanes on Jackson Street from Avenue 52 to Avenue 49. Install proposed storm drain crossing at Avenue 50, CVWD irrigation lines, IID, traffic signal conduits crossings, and interim striping. The County of Riverside issued a task order to create plans, specifications, and an estimate for Phase 1.
Phase 2: Acquire remaining right-of-way and necessa ry easements, complete utility coordination and relocation, and widen and improve Jackson Stree t, Avenue 50, and Avenue 52. This includes installing storm drains, curb & gutter, sidewalks, ADA ramps, traffic signals, utility conduits, utility relocations, and signing & striping. The scope of work includes creating separate street & storm drains, traffic signals, and signing & striping plan sets for Phase 2 construction, as well as preparing cost estimates, bid books, and providing bidding support services.
Task 1 – Project Management
The Scope of Work for Phase II initially included twelve (12) PDT meetings. As of November 2023, we have attended eighteen (18) meetings and anticipate attending an additional eight (8) meetings. Therefore, WEBB requests that the scope o f work be amended to include a total of fourteen (14) additional meetings to complete the PS&E for Phase I and Phase II of the project.
Task 2 – Final Plans, Specifications, and Cost Estimate
2.1 Street Improvement Plans
• The Scope of Work for the PS&E phase included two s ets of reviews (90% and 100%). As of today, we have prepared and submitted plans for three reviews and expect to submit two more reviews after negotiations with the property owners for the right-of-way. • Tentative Tract Map 38072 (the Tract) is located east of Jackson Street and south of Avenue
49. The Tract proposes street improvements and a tr affic signal at the intersection of Jackson Street and Avenue 49. We coordinated with the devel oper for street and traffic signal improvements and revised street improvements to accommodate their traffic signal.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 202 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
• Tract 38072 has recently constructed curb returns on Jackson Street. We performed field surveys and revised the street improvement plans.
• Revised street improvement plans to create the Phase II Plan set.
2.2 Storm Drain Improvement Plans
• The preliminary hydrology prepared during PA/ED Pha se of the project (Preliminary Engineering and Environmental Documentation) required seven storm drain lines. The scope of work included analysis, plans, and profiles for the se seven storm drain lines. Due to underground utility conflicts, 14 storm drain lines were needed for the project. • We prepared additional analyses, plans, and profiles for the seven additional storm drains.
2.3 Traffic Signal Plans
• Revise traffic signal improvement plans to create the Phase II Plan set.
2.5 Signing & Striping Plans
• Revised striping plans to create the Phase II plan set.
2.6 CVWD Irrigation Replacement Plans
The scope of work included protection of the existing stand pile. During the second submittal review, the CVWD reviewer asked for this standpipe to be replaced with a meter vault. The proposed scope of work includes designing the vault and all connections with CVWD standards.
CVWD owns and maintains an agricultural line in Avenue 52, which was not discovered during the utility investigation. Later on, the CVWD advised that there is a 10” that needs to be upgraded to a C900 PVC line. We will prepare the agricultural line replacement plans.
After three plan checks, CVWD requested that the al ignment of all three irrigation lines be revised and kept in the exact alignment. In additio n, CVWD requested hydraulics for the irrigation lines at Avenue 51.
Optional 2.10 Traffic Signal Warrant and Conceptual Layout – The scope includes preparing a traffic signal warrant analysis and signal layout for the Jackson Street/Avenue 49 intersection.
The City has conditioned the private development east of Jackson Street to design and install a signal, so this task is unnecessary. We are proposing to remove the scope and budget in the amount of $7,210.
Optional 2.11 L&G Store Parking Lot Improvements – The scope includes preparing preliminary parking lot improvement plans for the L&G store. The preliminary plans included the proposed driveway, parking spaces, accessible parking spaces , and vehicle and pedestrian circulation
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 203 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
paths. The lump sum budget for this work was $29,05 8. During the development of street improvement plans, the L&G store proposed site impr ovements and is currently working with the City for review and approval. Webb was asked to review their drawings to see the impact have reviewed their drawings to see the impact on the street improvement project. In addition, the City has asked WEBB to review and add ultimate driveways based on the site plan. We propose adjusting the budget to $5,000 instead of the originally approved amount of $22,857.
Task 3 – Utility Coordination and Pothole
The scope of work includes coordinating with IID, CVWD, Frontier, Gas Company, and Spectrum.
During the project development, it was determined that regular bi-weekly meetings to ensure that they were progressing with the undergrounding, relocation, and design. As of today, we have had 20 meetings with IID and other utility companies, and we estimate an additional 20 meetings until they complete the design.
PHASE III – Right of Way Acquisition
Task 7.1 Legal and Plats
• Prepare Ninteen (19) legal and plat for temporary construction easements (TCEs). • Revise two (2) legal and plat for right-of-way dedications and prepare one (1) legal and plat for additional right-of-way.
• Prepare seventeen (19) permission to enter for construction (PEC) exhibits.
Task 8.1 Obtain PTR & Examination
Obtain Twenty-Four (24) additional title reports.
Task 9.1 Appraisal Services
Monument anticipates the preparation of fee apprais als for up to 13 appraisal reports in compliance with USPAP and Uniform Act requirements.
Project Management
Monument’s project manager and key staff will be re sponsible for the technical and administrative functions required to provide ROW se rvices for the project. The management team will plan, organize, supervise, coordinate, and administer the various elements of the ROW Scope of Work:
• Participate in meetings with the City to review the project requirements, identify property and right-of-way issues, and establish the schedule for activities and deliverables. • Review and analyze the preliminary design requireme nts and identify potentially affected properties.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 204 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
• Monument will meet with relevant parties regarding the proposed Project to identify acquisition issues and/or to discuss project status , procedural issues, budget, and schedules.
• Prepare and implement an effective Acquisition Mana gement Plan to ensure the Project is delivered in the most efficient and effective manner and in compliance with all applicable laws, regulations and procedures.
• Meet with the City on a regular basis to communicate project updates, coordinate right-of-way issues, and make recommendations to the City on pol icy development, risk mitigation, and general project consultation.
• Prepare and deliver written progress status reports for acquisition cases. • Schedule regular internal meetings with all Monumen t staff to ensure that project deliverables and services stay on schedule and within budget. • Prepare and maintain a Quality Assurance/Quality Co ntrol (QA/QC) plan throughout the duration of the Project. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, offer documents , agreements and other documents submitted under this Scope of Work are complete, ac curate, checked, and proofread to meet professional standard practices.
• Update each parcel file checklist (our QA/QC Manager, will conduct weekly reviews of the project reporting to ensure compliance with the City and regulatory compliance).
Fee Appraisal
• The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies.
• Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the app raiser, enclosing an Acquisition Brochure describing the City’s acquisition process, and contract information to answer questions and concerns.
• The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Profession al Appraisal Practice (USPAP). • Afford the property owner or the owner’s designated representative the opportunity to accompany the appraiser on the inspection of the property. • Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the Scope of Work should ad dress:
o The extent of the inspection and description of the neighborhood and proposed project area,
o The extent of the subject property inspection, including interior and exterior areas, o The level of detail of the description of the physical characteristics of the property being
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 205 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
appraised (and, in the case of a partial acquisition, the remaining property). • In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use.
• Present and analyze relevant market information.
• In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the pro ject for which the property is to be acquired, or by the likelihood that the property would be acquired for the project. • Report the appraiser’s analysis, opinions, and conclusions in the appraisal report.
Cost Savings Alert. . .Where applicable, direct staff to complete Waiver Valuations in lieu of Appraisal (<$15,000 in value). Because appraisal waivers are not considered an appraisal, they do not follow USPAP guidelines nor require appraisal review. As an alternative, the City may elect to establish fair market value for certain parcels having a value of less than $15,000, such as the TCE only parcels, by utilizing a “Waiver Valuation in Lieu of Appraisal”. This style of report is permitted under state and federal regulations and the Caltrans Right-of-Way Manual to help promote cost and time saving options to public agencies. So, in addition to reducing cost, this approach benefits the City by saving valuable time on the schedule since these reports can be completed in as little as 2-3 weeks. Alternative pricing is provided in the project budget below.
9.1.1 Additional Effort for Appraisal Services for Previously Authorized Reports
IID has requested additional easements for the proposed structures along Avenue 50. Our sub- consultant had already begun work on the appraisal reports, which were put on hold because of the need for IID easements.
Additional effort is required for additional property acquisitions, which include obtaining title reports, appraisal services, right-of-way acquisition, escrow coordination, and closing. The appraiser has started preparing reports and completed the bulk of value determination work for all properties. The work was put on hold because of additional IID easements. Due to the stale date of value, the appraiser needs to pull new comp s and update the valuation with current market data.
• Prepare additional eight (8) appraisals.
• Provide escrow services for eight (8) properties.
Task 10.1 Property Rights Acquisition and Negotiat ion
Monument will provide acquisition services required for the City to purchase ROW required to construct the Project. The tasks will be performed in accordance with applicable State and local regulations and City’s ROW Policies and Procedures. Monument will be provided with a copy of City’s ROW Policies and Procedures Manual upon award and execution of a contract.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 206 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
Monument will provide the following services under the direction of the Client and City staff:
• Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with the City’s Policies and Procedures and applicable Federal, State and local regulations.
• Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross-discipline communications.
• Review ROW plans, appraisal reports, appraisal maps and legal descriptions and all other pertinent documents.
• Review preliminary title reports of the affected pr operties and examine underlying reference documents and title exception.
• Prepare acquisition offer packages consisting the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreem ent, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance,recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information. • Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement and inform him or her of the City’s ROW acquisition process.
• Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process.
• Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications. • Promptly transmit executed documents (acquisition a greements, executed deeds, rental agreements, statements of information, offset state ments, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included.
• Prepared and submit a Letter of Recommendation to t he City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and a n explanation of the benefits and rationale behind the recommendation.
• Recommend condemnation action when negotiations hav e reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 207 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.
• Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City. • Prepare all applicable forms, secure the property owner’s approval and signature, and submit the forms to the City for review and acceptance.
• Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the acquisition file in an electronic format for future audit purposes.
Task 11.1 Escrow Coordination
After an offer is accepted and the purchase agreement is approved by the City, Monument’s Escrow Coordinator will transmit the original documents to the escrow company and request that the title company send an updated Preliminary Title Report.
• The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions.
• The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisfying all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances.
• Upon escrow’s request for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy. • The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers.
• Escrow closure generally will be accomplished in 30 to 60 days.
ASSUMPTIONS:
• Monument's Project Manager will participate in mont hly PDT meetings for 12 consecutive months.
• The Project does not involve or anticipate the use of federal funds for any phase of the project nor does the Project include the implementa tion of the Caltrans Local Assistance Procedures Manual.
• The Project Engineer or right of way engineering consultant will supply all legal descriptions, plat maps, right-of-way requirements maps and envir onmental assessments (add more if necessary).
• The Project involves partial acquisitions from up to 14 owners and 18 APNs. • Any modification to the legal descriptions and property requirements after the appraisal process has
• been initiated will result in a change to the above scope of work and fee. • Assumes 60 days of good faith negotiations following the presentation of the City's purchase
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 208 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
offer to the property owner.
• The City will initiate condemnation action after 60 days of negotiations for any parcel where a settlement has not been reached.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 209 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF- WAY SERVICES FOR THE JACKSON STREET IMPROVEMENT PRO JECT (TS1901/D0-0012)
EXHIBIT B - COMPENSATION FOR SCOPE OF SERVICES
Services described in our Scope of Services (Exhibit “A”) shall be provided on a time and material basis, not exceeding $513,117.
Original Contract (PA&ED) $287,657.00
Contract Amendment #1 $ 46,232.00
(Additional CEQA)
Contract Amendment #2 $561,999.00
(PS&E and ROW)
Contract Amendment #3 $513,117.00
(Additional PS&E and ROW)
Project Total $1,409,005
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 210 of 267 CONTRACT AMENDMENT #3 REQUEST FOR ADDITIONAL ENGINE ERING, UTILITY COORDINATION, AND RIGHT-OF-WAY SERVI CES FOR THE JACKSON STREET IMPROVEMENT PROJECT (TS1 901/D0-0012)
H:\2022\22-0013\Proposals, Contracts, & Change Orde rs\Contract Amendments\Contract Amendment 1\22-0013 _Contract Amendment 1.docx
Item Description
Dilesh Sheth
Myung Choo
Deborah Saulina
Michael Johnson
Jason Ardery
Carlos Silva
Jordan Moretti
Joe Castaneda
Son Le
Ricardo Perez
Party Chief/2-Person
Survey Crew
Total Hours
Subtotal - Labor
Sub-consultant
budget with
markup
Total/task 1
Billout Rate 312 $ 298 $ 163 $ 312 $ 312 $ 267 $ 196 $ 258 $ 229 $ 280 $ 326 $ Task 1 - Project Management 32 28 60 14,548 $ - $ 14,548 $
1.1 Project Management and PDT Meetings 32 28 60 14,548 $ -$ 14,548 $ Task 2 - Final Plans, Specifications & Cost Estimate 44 82 12 214 8 80 72 20 8 540 123,725 $ - $ 123,725 $
2.1 Street Improvement Plans 16 60 120 8 8 212 64,488 $ -$ 64,488 $
2.2 Storm Drain Improvement Plans 8 24 80 112 30,624 $ -$ 30,624 $
2.3 Traffic Signal Plans 4 24 28 6,744 $ -$ 6,744 $
2.5 Signing & Striping Plans 4 6 48 58 14,028 $ -$ 14,028 $
2.6 CVWD Plans 12 16 12 70 20 130 37,908 $ -$ 37,908 $
2.10 Traffic Signal Warrant & Conceptual Layout (7,210) $ -$ (7,210) $
2.11 L&G Store Parking Lot Improvements (22,857) $ -$ (22,857) $ Task 3 - Utility Coordination and Porhole 60 12 60 132 32,076 $ - $ 32,076 $
3.1 Additional Utility Coordination 60 12 60 132 32,076 $ -$ 32,076 $ Task 7 - Preparation of Legal Description and Plats 12 24 16 78 12 270 412 113,674 $ - $ 113,674 $
7.1 Legal and Plats (21) and PEC (17) 12 24 16 78 12 270 412 113,674 $ -$ 113,674 $ Task 8 - Obtain Preliminary Title Report & Examination 6 6 978 $ 24,000 $ 24,978 $
8.1 Obtain PTR & Examination (24) 6 6 978 $ 24,000 $ 24,978 $ Task 9 - Appraisal Services 8 8 2,496 $ 77,000 $ 79,496 $
9.1 Appraisal Services 8 8 2,496 $ -$ 2,496 $ Project Management -$ 30,800 $ 30,800 $
9.1A Fee Appraisal -$ 46,200 $ 46,200 $
9.1.1 Appraisal Services for Previously Authorized - $ - $ - $ Task 10 - Property Rights Acquisition and Negotiation 12 24 8 44 12,200 $ 100,100 $ 112,300 $
10.1 Property Rights Acquisition and Negotiation (City
of Indio Only (14)) 12 24 8 44 12,200 $ 100,100 $ 112,300 $ Task 11 - Escrow Coordination and Closing - $ 12,320 $ 12,320 $
11.1 Escrow Coordination and Closing (City of Indio - $ 12,320 $ 12,320 $ 168 142 130 78 226 270 8 80 72 20 8 1202 299,697 $ 213,420 $ 513,117 $ Optional - Alternative Cost with Waiver Valuations - $ 28,600 $ 28,600 $
9.1B Waiver Valuations in lieu of Appraisal -$ 28,600 $ 28,600 $ 168 142 130 78 226 270 8 80 72 20 8 1202 297,201 $ 195,820 $ 495,517 $ Total PHASE III - Right of Way Acquisition
Total
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 211 of 267 REAL ESTATE | RIGHT-OF-WAY | DBE | SBE
200 Spectrum Center, Suite 300, Irvine, CA 92618 mounumentrow.com | info.monumentrow.com | 800.577.0109 February 9, 2025 Dilesh Sheth, PE | TE Albert A. WEBB Associates Senior Vice President 3788 McCray St. Riverside, CA | 92506 RE: Proposal to Provide Right-of-Way Support Services for Jackson Street Improvements Project (Avenue 52 to Avenue 50) Dear Mr. Sheth, Monument is pleased to present WEBB Associates (Client) with this proposal to provide right-of-way support services in connection with the Jackson Street Improvements Project between Avenue 52 and Avenue 50. Our firm looks forward to serving WEBB and the City of Indio and is committed to providing the professional services required by the Client. Monument specializes in providing professional real estate and right-of-way services to our public agency clients. Our team of real estate professionals specialize in project management and right-of-way services for large and small public infrastructure projects, including numerous transportation, utility, pipeline, and flood control projects. Our staff has intimate knowledge of public sector requirements and possesses the sensitivity to work effectively with a broad range of stakeholders and operates in conformance with all state and federal laws including the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 49 CFR Part 24, and within the applicable guidelines of the Caltrans Right of Way Manual and the Caltrans Local Assistance Procedures Manual. Monument will handle this project out of our Irvine office and will be led by Mrs. Daniela Borbe, a Senior Project Manager with the firm. We appreciate the opportunity to submit our proposal for your consideration. Please call me if you have any questions or would like additional information. I am an authorized representative of Monument and have the authority to sign all necessary agreements. I can be reached at (562) 260-0507 on my cell phone or by email at [email protected]. Sincerely, Amber Costello President
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 212 of 267
2 A. PROJECT UNDERSTANDING It is our understanding that WEBB and the City of Indio requires Monument to provide right-of-way support services to help the City with the Jackson Street Improvements Project (Avenue 52 to Avenue 50). Some of the activities required by the Client in connection with this project are as follows: provide project management support, secure up to forty-one (41) preliminary title reports, prepare waiver valuations, draft acquisition documents, meet with impacted property owners (up to 14 owners and 18 APNs) and present offers, confer with owners about the City’s project and conduct negotiations, address any questions/concerns regarding subject offer and ultimately, secure signed acquisition documents of the necessary rights in connection with the project as required by the State law. It is assumed the project is locally funded, and that the right-of-way acquisition program will involve neither Caltrans nor FHWA oversight and/or approval. B. SCOPE OF WORK 1. PROJECT MANAGEMENT Monument’s Project Manager and key staff will be responsible for the technical and administrative functions required to provide ROW services on the Project. The management team will plan, organize, supervise, coordinate, and administer the various elements of the ROW scope of work: • Participate in a project kickoff meeting with the Client and City to review the project requirements, identify property and right-of-way issues, and establish the schedule for activities and deliverables. • Review and analyze the preliminary design requirements and identify potentially affected properties. • Monument will meet with relevant parties regarding proposed Project to identify acquisition issues, and/or to discuss project status, procedural issues, budget, and schedules. • Prepare and implement an effective Acquisition Management Plan to ensure the Project is delivered in the most efficient and effective manner and in compliance with all applicable laws, regulations and procedures. • Meet with the Client and City on a regular basis to communicate project updates, coordinate right-of-way issues and make recommendations to the City on policy development, risk mitigation and general project consultation. • Prepare and deliver written progress status reports for acquisition cases. • Schedule regular internal meetings with all Monument staff to ensure that project deliverables and services stay on schedule and within budget.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 213 of 267
3 • Prepare and maintain a Quality Assurance/Quality Control (QA/QC) plan throughout the duration of the Project. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, offer documents, agreements and other documents submitted under this Scope of Work are complete, accurate, checked, and proofread to meet professional standard practices. • Update each parcel file checklist (our QA/QC Manager, will conduct weekly reviews of the project reporting to ensure compliance with the City and regulatory compliance). 2. APPRAISAL SERVICES Monument anticipates the preparation of fee appraisals for up to 13 appraisal reports in compliance with USPAP and Uniform Act requirements. Fee Appraisal • The appraisal will be prepared by individuals licensed with the State of California, Office of Real Estate Appraisers, as a Certified General Real Estate Appraiser. Our appraisers both retain the requisite qualifications and experience necessary to competently complete appraisals in a competent and professional manner, in accordance to applicable laws and policies. • Prepare the Notice of Decision to Appraiser letter for each property, advising the property owner of the proposed project, introducing the appraiser, enclosing an Acquisition Brochure describing the City’s acquisition process, and contract information to answer questions and concerns. • The appraisal report will comply with laws that are applicable to the specific appraisal assignment and the Uniform Standards of Professional Appraisal Practice (USPAP). • Afford the property owner or the owner’s designated representative the opportunity to accompany the appraiser on the inspection of the property. • Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the Scope of Work should address: o The extent of the inspection and description of the neighborhood and proposed project area, o The extent of the subject property inspection, including interior and exterior areas, o The level of detail of the description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property). • In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 214 of 267
4 • Present and analyze relevant market information. • In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project. • Report the appraiser’s analysis, opinions, and conclusions in the appraisal report. Cost Savings Alert. . .Where applicable, direct staff to complete Waiver Valuations in lieu of Appraisal (<$15,000 in value). Because appraisal waivers are not considered an appraisal, they do not follow USPAP guidelines nor require appraisal review. As an alternative, the City may elect to establish fair market value for certain parcels having a value of less than $15,000, such as the TCE only parcels, by utilizing a “Waiver Valuation in Lieu of Appraisal”. This style of report is permitted under state and federal regulations and the Caltrans Right-of-Way Manual to help promote cost and time saving options to public agencies. So, in addition to reducing cost, this approach benefits the City by saving valuable time on the schedule since these reports can be completed in as little as 2-3 weeks. Alternative pricing is provided in the project budget below. 3. ACQUISITION AND NEGOTIATION PROCESS Monument will provide acquisition services required for the City to purchase ROW required to construct the Project. The tasks will be performed in accordance with applicable State and local regulations and City’s ROW Policies and Procedures. Monument will be provided with a copy of City’s ROW Policies and Procedures Manual upon award and execution of a contract. Monument will provide the following services under the direction of the Client and City staff: • Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with the City’s Policies and Procedures and applicable Federal, State and local regulations. • Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross-discipline communications. • Review ROW plans, appraisal reports, appraisal maps and legal descriptions and all other pertinent documents. • Review preliminary title reports of the affected properties and examine underlying reference documents and title exception. • Prepare acquisition offer packages consisting the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance,
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 215 of 267
5 recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information. • Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement and inform him or her of the City’s ROW acquisition process. • Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process. • Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications. • Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing. A report summarizing the pertinent information relative to the transaction will be included. • Prepared and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation. • Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer. • Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City. • Prepare all applicable forms, secure property owner’s approval and signature and submit the forms to the City for review and acceptance. • Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the acquisition file in an electronic format for future audit purposes. 4. ESCROW COORDINATION After an offer is accepted and the purchase agreement is approved by the City, Monument’s Escrow Coordinator will transmit the original documents to the escrow company and request that the title company send an updated Preliminary Title Report.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 216 of 267
6 • The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions. • The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisfying all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances. • Upon escrow’s request for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy. • The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers. • Escrow closure generally will be accomplished in 30 to 60 days. ASSUMPTIONS: • Monument's Project Manager will participate in monthly PDT meetings for 12 consecutive months. • The Project does not involve or anticipate the use of federal funds for any phase of the project nor does the Project include the implementation of the Caltrans Local Assistance Procedures Manual. • The Project Engineer or right of way engineering consultant will supply all legal descriptions, plat maps, right-of-way requirements maps and environmental assessments (add more if necessary). • The Project involves partial acquisitions from up to 14 owners and 18 APNs. • Any modification to the legal descriptions and property requirements after the appraisal process has been initiated will result in a change to the above scope of work and fee. • Assumes 60 days of good faith negotiations following the presentation of the City's purchase offer to the property owner. • The City will initiate condemnation action after 60 days of negotiations for any parcel where a settlement has not been reached. C. PROJECT BUDGET Monument proposes to perform the professional appraisal and right-of-way services described herein on an hourly basis (time and materials) for a fee not-to-exceed $205,650 which will be billed on a monthly basis in accordance with our Standard Hourly Rate Schedule below.
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 217 of 267
7 Alternative Cost Task Quantity Fee Quantity Fee 1. Project Management (Manage the ROW team and subconsultants, participate in monthly status meetings, provide schedule and status reports, and coordinate with design team and city staff) N/A $28,000 N/A $28,000 2. Appraisal services (Fee Appraisals - preparation of 13 fee appraisal reports in compliance with Uniform Standards of Professional Appraisal Practice and the Uniform Act) 13 $42,000 (Waiver Valuations in lieu of Appraisal) 13 $26,000 3. Acquisition and Negotiations (Property Negotiations - present written offers, conduction good faith negotiations, prepare acquisition documents and provide condemnation support, if necessary, for 18 parcels representing 14 ownerships.) 14 $91,000 14 $91,000
4. Escrow Coordination (assist in the escrow due diligence efforts to secure partial reconveyances, quitclaim deeds, if applicable, escrow instructions and payment instructions.) 14 $11,200 14 $11,200 Preliminary Title Reports 41 $33,450 41 $33,450 TOTAL FEE $205,650 $189,650
Amendment No. 3 to the existing Professional Services Agreement with Alb... Page 218 of 267 City of Indio
City Council
April 2, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 for price adjustment costs for the Removal and Replacement of the Fuel Pump (City Project No. FL2400)
RECOMMENDATION:
Ratify Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 for price adjustment costs for the for the Removal and Replacement of the Fuel Pump (City Project No. FL2400) and authorize a budget transfer of $4,749.18 from the vehicle replacement funds to City Project No.
FL2400.
SUMMARY:
On November 6, 2024, the City Council approved a contract with Western Pump, Inc. in the amount of $94,974.23 for the removal and replacement of a fuel pump at the Corporate Yard. During the removal and replacement of the fuel pump, an unforeseen price increase from the manufacturer led to an increase in the cost of materials and equipment, resulting in the issuance of contract change order no. 1 totaling $4,749.18. The City Council is requested to ratify the change order used to cover the increased costs of the materials and equipment.
BACKGROUND INFORMATION:
The fuel pumps at the Corporate Yard have been in service for over fourteen years. Over time, the pumps have experienced significant wear and tear, resulting in frequent malfunctions and raising maintenance costs.
Change Order No. 1 is requested to account for a price adjustment from the manufacturer in the amount of $4,749.18, which has resulted in an increase in the cost of materials/equipment necessary for the Project.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$4,749.18 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial $0 Strategic Objective:
AGENDA ITEM #9.9
Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 fo... Page 219 of 267 Impact:
Source of funds: Vehicle Replacement Funds Fund-Org-Object Reference:
605-531060
Additional Financial Details:
The removal and replacement of the fuel pump has incurred additional expenses totaling $4,749.18 due to unforeseen material cost from the manufacturer, necessitating a contract change order.
These costs were not included in the FY24/25 budget allocations. To address this financial shortfall, it is proposed that a budget transfer be made from the unallocated vehicle replacement funds to City Project No. FL2400. This transfer will ensure the financial requirements of the change order are met, allowing the project to continue without disruption while preserving the integrity of planned fiscal resources.
ATTACHMENTS:
Attachment 1 - Change Order No. 1 - Western Pump Inc.
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 26 Mar 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 26 Mar 2025 Ruby D. Walla, Director of Finance Approved - 27 Mar 2025 Jonathan Nicks, Assistant City Manager Approved - 27 Mar 2025
Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 fo... Page 220 of 267 ATTACHMENT 1
CHANGE ORDER NO. 1
WESTERN PUMP INC.
Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 fo... Page 221 of 267 ► INDUO
take center stage
CITY OF INDIO
City Project No.: FL2500
Date: 11/6/24
Contract Change Order No.: 001
PUBLIC WORKS DEPARTMENT
PROJECT: IND-PW-FL2400 Removal and Replacement of The Fuel Pump CONTRACTOR: Western Pump Inc.
CHANGE PROPOSED: This change order is requested to account for a price adjustment from the manufacturer, which has resulted in an increase in the cost of materials/equipment necessary for the Project. The total amount for Contract Change Order #1 is a net increase in the amount of $4,749.18.
Funds for said costs are within the approved project budget.
THE FOLLOWING ARE PRICE INCREASE BY THE MANUFACTURER:
Item No. 1: GAS BOY INCREASE OF $2,037.08
Item No. 2: CURRENT LOOP BOARD INCREASE OF $1,125.02
Item No. 3: BRAVO ATLAS X INCREASE OF $1204.96
Item No. 4: TAXES FOR ABOVE ITEMS $382.12
END OF CONTRACT CHANGE ORDER #1 - SIGNATURE PAGE FOLLOWS CHANGE ORDER #1
Agreed CCO #1 Price $4,749.18
Original Contract Amount $94,974.23
Previously Approved CCO's $0.00
Total Revised Contract Amount: $99,723.41
'-'
@ 100 Civic Center Mall, Indio, CA 92201
I . . . · f @ � @ (ii
@760-391-4000 � Indio.org @cityofinciio
Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 fo... Page 222 of 267
Change Order No. 1 with Western Pump, Inc. in the amount of $4,749.18 fo... Page 223 of 267 City of Indio
City Council
April 2, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 for additional work for the Indio Sports Park Project (City Project No. PK2203); and authorize the City Manager to execute the Change Order
RECOMMENDATION:
Approve Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 for additional work for the Indio Sports Park Project (City Project No. PK2203); and authorize the City Manager to execute the Change Order.
SUMMARY:
The City Council is being asked to approve Contract Change Order No. 2 for the Indio Sports Park Improvement Project, which would increase the contract with Three Peaks Corp. by $190,279.69.
This change includes additional utility work such as updated electrical and sewer connections, new conduits, sidewalk additions, and appliances for the concession area. The cost was partially offset by savings from switching the restroom/concession building design from a prefabricated unit to a conventional structure built on-site.
BACKGROUND INFORMATION:
On March 20, 2024, the City Council awarded a contract to Three Peaks Corp., in the amount of $11,832,256.16, for the construction of the Indio Sports Park Improvement Project.
On December 16, 2024, Change Order No. 1 was approved, representing a net increase of $50,837.21 to the contract. Items of work added were the import of soil to the jobsite, revisions to the backflow, and converting a decomposed granite walkway to concrete. The City received a credit for not doing the hydroseed and a credit for a backflow that is no longer needed. A copy of Change Order No. 1 is included as Attachment 1.
Change Order No. 2 represents a net increase of $190,279.69 for added utility work including modifications required due to plan updates from Imperial Irrigation District, conduits for Frontier vaults, rehabilitation of an additional sewer manhole, additional electrical and communication conduits, added sewer work, concession appliances, added sidewalk and dirt. The City also received a cost savings by switching the restroom/concession building from a prefabricated modular building to a conventional built on-site building. A full breakdown of costs is included in Attachment
2. Total project cost of $12,073,373.06.
AGENDA ITEM #9.10
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 224 of 267 The City was successful in receiving Proposition 68 Statewide Park Development and Community Revitalization Program Funds in the amount of $8.5 million from the State Office of Grants and Local Services (OGALS) to build a new sports park for the City. The project includes soccer and baseball fields, landscaping, grading, concrete work, storm drains, water and sewer improvements.
Construction on-site began on August 12, 2024, after the procurement of long lead items and is anticipated to be complete in November of this year.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$190,279.69 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Grant, Capital Improvement
Funds
Fund-Org-Object
Reference:
300-523006
Additional Financial Details:
The total amount for Contract Change Order No. 2 is a net increase in the amount of $190,279.69.
Funds for said costs are within the approved project budget.
ATTACHMENTS:
Attachment 1 - Contract Change Order No. 1
Attachment 2 - Contract Change Order No. 2
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 26 Mar 2025 Steven Graham Pacifico, City Attorney Approved - 27 Mar 2025 Ruby D. Walla, Director of Finance Approved - 27 Mar 2025 Jonathan Nicks, Assistant City Manager Approved - 27 Mar 2025
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 225 of 267 ATTACHMENT 1
Contract Change Order
No. 1
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 226 of 267
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 227 of 267
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 228 of 267
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 229 of 267
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f...Page 230 of 267 ATTACHMENT 2
Contract Change Order
No. 2
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 231 of 267
100 Civic Center Mall, Indio, CA 92201
@cityofindio 760-391-4000 Indio.org
CITY OF INDIO
PUBLIC WORKS DEPARTMENT
PROJECT: PK2203 Indio Sports Park
CONTRACTOR: Three Peaks Corp.
CHANGE PROPOSED: The following extra work items include modifications required due to plan updates, additional utility infrastructure, and other necessary construction adjustments. The extra work item costs include the time and materials necessary to complete the work and are a complete in-place total for each item. The total amount for Contract Change Order #2 is a net increase in the amount of $190,279.69. Funds for said costs are within the approved project budget.
THE FOLLOWING ARE EXTRA WORK ITEMS:
Item No. 2.1: IID Changes to New Plan and Updated Quantities
Description:
Necessary changes in coordination with IID, requiring updated quantities for electrical infrastructure. See attached sheet for breakdown.
Change in Contract Cost:
Add: $114,123.00
Item No. 2.2: 4” Conduit from Frontier Vault to Service Location
Description:
Installation of additional conduit to connect the Frontier vault to the designated service location.
Change in Contract Cost:
Add: $5,953.66
Item No. 2.3: Additional Sewer Manhole Rehabilitation – Market Frontage West
Description:
Rehabilitation of an additional sewer manhole as part of utility adjustments along the Market frontage on the west side.
Change in Contract Cost:
Add: $6,200.00
City Project No.: PK2203
Date: 2/25/25
Contract Change Order No.: 2
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 232 of 267
PK2203 2
Item No. 2 .4: Additional Conduits for Electric & Internet to Future Concession Stand/Restroom Site
Description:
Installation of conduits to accommodate both electric and internet services to the future concession stand/restroom location on the east side of the project.
Change in Contract Cost:
Add: $6,903.82
Item No. 2.5: Flowline Modification for Existing Sewer Manhole
Description:
Modification of the flowline inside an existing sewer manhole as directed by VSD. Work completed on a time and materials (T&M) basis.
Change in Contract Cost:
Add: $2,020.13
Item No. 2.6: Removal & Disposal of Unclaimed Vaults and Plugging of Conduits
Description:
Removal and disposal of abandoned/unclaimed vaults and proper sealing of conduits. Work completed on a T&M basis.
Change in Contract Cost:
Add: $3,943.57
Item No. 2.7: Sewer Manhole Revisions to Adjust to Grade – Market Frontage East
Description:
Adjustment of a sewer manhole to match the final grade, including installation of a new shaft section.
Change in Contract Cost:
Add: $9,071.75
Item No. 2.8: Additional Communication Conduits for City Future Use
Description:
Installation of extra communication conduits across the project frontage in conjunction with IID conduit placement.
Change in Contract Cost:
Add: $27,880.27
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 233 of 267
PK2203 3
Item No. 2.9: Increase in Flatwork Thickness to 6” Where #4 Rebar is Specified
Description:
Upgrade from standard thickness to 6” flatwork in areas where #4 rebar is required, improving structural integrity.
Change in Contract Cost:
Add: $34,864.39
Item No. 2.10: Additional Cost for Dirt Import by GCX
Description:
Additional costs for importing extra fill material that was not originally discussed.
Change in Contract Cost:
Add: $20,855.10
Item No. 2.11: Restroom/Concession Appliances
Description:
Procurement and installation of appliances for the restroom/concession stand.
Change in Contract Cost:
Add: $31,325.00
THE FOLLOWING ITEMS ARE CREDITS TO THE CITY:
Item No. 2 .12: Credit for Restroom/Concession Building Being Switched from a Prefabricated Unit to a Built On-Site Building.
Description:
Cost savings due to constructing the restroom/concession building on- site rather than prefabricating it off-site.
Change in Contract Cost:
Credit: $72,861.00
END OF CONTRACT CHANGE ORDER #2 – SIGNATURE PAGE FOLLOWS
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 234 of 267
PK2203 4
CHANGE ORDER #2
Agreed CCO #2 Price $190,279.69
Original Contract Amount $11,832,256.16
Previously Approved CCO’s $50,837.21
Total Revised Contract Amount: $12,073,370.26
Prepared by Project
Manager:
Donn Uyeno Date
Reviewed by Construction
Manager:
Michael Lytar
Hermann Design Group Date
Reviewed by Public Works
Director:
Timothy Wassil, P.E. Date
Approved by Contractor:
Erik Simmons
Three Peaks Corp. Date
Approved by City Manager:
Bryan H. Montgomery Date
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5 3/3/2025
3/4/2025
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 235 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 236 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 237 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 238 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 239 of 267 Bid Price: 1 EA @ $6,200
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 240 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 241 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 242 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 243 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 244 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 245 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 246 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 247 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 248 of 267 Three Peaks Allowed Markup 5% = $993.10
Total =$20,855.10
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 249 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 250 of 267 Item 31 of the GCX invoice
Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 251 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 252 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 253 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 254 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 255 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 256 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 257 of 267 Docusign Envelope ID: 14D04B2F-D47C-4499-855F-A0D6CAD3ABC5
Change Order No. 2 with Three Peaks Corp. in the amount of $190,279.69 f... Page 258 of 267 City of Indio
City Council
April 2, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Subject: Authorization to Negotiate and Execute a Purchase and Sale Agreement with Carnick Deanna Living Trust / Agel & Carnick Family Trust for a vacant lot located at the North West corner of Towne Street and Wilson Avenue (APN 611-221-010) for a purchase price of $84,000 with up to $6,000 in escrow fees for a total of $90,000
RECOMMENDATION:
Staff recommends the City Council authorize the City Manager to negotiate and execute a Purchase and Sale Agreement with the property owner for the property located at the North West corner of Towne Street and Wilson Avenue (APN 611-221-010) and to further negotiate and execute any and all documents to effectuate the sale including any and all escrow documents to complete the purchase of the property.
SUMMARY:
This property is comprised of a 7,405-square-foot parcel located at the North West corner of Towne Street and Wilson Avenue (APN 611-221-010) vacant lot (Attachment 1). The Purchase and Sale Agreement will be for a total of $90,000 which includes $84,000 for the purchase price and up to $6,000 in escrow fees. Staff recommends acquiring this property to support the future development of Downtown Indio. The City already owns a property within the same block, making this acquisition strategically beneficial.
BACKGROUND INFORMATION:
As part of the City's strategic plan, the City Council allocated funding for the acquisition of key properties in Downtown Indio. City staff contacted the property owner to express interest in purchasing the site. An appraisal was ordered and negotiations resulted in an agreement to sell the property to the City. Under the terms of the negotiation, the City and the Seller will each pay 50% of the standard escrow fees.
General Plan Conformity: The property falls within Downtown (DT) under the City of Indio General Plan 2040 characterized as supporting lively, thriving downtown area by accommodating multi-story, mixed-use buildings at higher intensifies. Also providing for vertical and horizontal mixed-use development. Goal LU-9.1 of the General Plan states that a development goal within the public realm is to “Establish downtown Indio as regional destination with a mix of uses that draw visitors from the Coachella Valley. Encourage a broad mix of uses that creates an inviting, active, and dynamic cultural services, and retail serving Local- and and including: Downtown regional- institutional uses,
AGENDA ITEM #9.11
Authorization to Negotiate and Execute a Purchase and Sale Agreement wit... Page 259 of 267 educational uses and facilities, small local-serving office uses, residential buildings to increase housing diversity and units, and innovative public spaces and parks.” The purchase of this property would allow for the opportunity for the City to facilitate the future development of the entire half block, continuing the improvement of downtown. The use of the property is consistent with the General Plan and staff recommends that the City Council find that the use of the property is in conformance with the General Plan.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$90,000 In current year budget: Yes
Current FY General
Fund Impact:
$90,000 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: General Fund Fund-Org-Object
Reference:
1011190-551003
Additional Financial Details:
$90,000 to cover the purchase price of $84,000 and up to $6,000 to cover title, escrow, and other costs related expenses
ATTACHMENTS:
Attachment 1 - Property Location Map
APPROVAL(S):
Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 25 Mar 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 26 Mar 2025 Ruby D. Walla, Director of Finance Approved - 26 Mar 2025 Bryan H. Montgomery, City Manager Approved - 26 Mar 2025
Authorization to Negotiate and Execute a Purchase and Sale Agreement wit... Page 260 of 267 Property Location Map
(611-221-010)
= Subject Property
Authorization to Negotiate and Execute a Purchase and Sale Agreement wit... Page 261 of 267 City of Indio
City Council
April 2, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: IB with Agreement Services the Professional 2 No. Amendment to Consulting LLC., to increase compensation for a not-to- exceed amount of $150,000 for the water rate study
RECOMMENDATION:
2 Services Professional the to No. approve Board Council/IWA City the That Amendment Agreement with IB Consulting LLC., to increase the compensation for a not-to- exceed amount of $150,000 for the water rate study.
SUMMARY:
On December 6, 2023, the Council approved an agreement with IB Consulting, LLC to provide water rate analysis and a long-range finance plan. The Indio Water Authority (IWA) selected IB Consulting via a competitive Request for Proposal (RFP) process. IB Consulting, LLC successfully completed the water rate study supporting IWA’s proposed rate adjustments scheduled to go in effect July 2025. In anticipation of the final Chromium-6 Maximum Contaminant Level (MCL) effects on IWA’s reserves, IWA requires additional consulting support services for the water rates model updates and chromium 6 cost modeling scenarios. Staff recommends authorization of Amendment No. 2 to the Professional Services Agreement in the amount of $31,830.00 for a total not-to-exceed amount of $150,000.
BACKGROUND INFORMATION:
On September 26, 2023, IWA issued a request for proposals seeking qualified consultants to complete a water rate study. IWA received three (3) proposals. An evaluation committee consisting of staff from City’s Finance Department, IWA, and an independent consultant reviewed all three proposals and evaluated based on the qualifications criteria.
IB Consulting LLC was rated as the most qualified firm to provide the service based on qualifications related to preparation of water rate studies, experience, and work plan approach. Staff also contacted agencies to firm this with other previously that validate worked experience, professionalism, and work product. On December 6, 2023 the IWA Board approved an agreement with IB Consulting, LLC to complete the water rate study.
On July 1, 2024 Authority and Consultant amended the Agreement with Amendment No. 1 to extend the term for an additional year to June 30, 2025. In February 2025, IB Consulting, LLC successfully completed the water rate study supporting IWA’s proposed rate adjustments. In anticipation of the final Chromium-6 Maximum Contaminant Level (MCL) effects on IWA’s reserves, IWA requires AGENDA ITEM #9.12
Amendment No. 2 to the Professional Services Agreement with IB Consultin... Page 262 of 267 additional support services for the Long Range Finance Plan, water rate model updates, and revenue modeling scenarios. Staff recommends authorization of Amendment No. 2 to the Professional Services Agreement in the amount of $31,830.00 for a total not-to-exceed amount of $150,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$31,830 In current year budget: Yes
Current FY General
Fund Impact:
N/A Budget adjustment: No
Next FY Financial
Impact:
N/A Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: Water Operating Budget Fund-Org-Object Reference:
8106714-521064
Additional Financial Details:
Amendment No. 2 will increase the agreement for an additional $31,830.00 for a revised not-to- exceed amount of $150,000. Staff are requesting authorization for the Executive Director to execute the amendment for the expanded scope of work.
Original Agreement Not-to-Exceed Amount: $ 118,170
Amendment No. 1 Agreement Time Extension
Amendment No. 2 Agreement Total Not-to-Exceed Amount $150,000
Funds are available in the Fiscal Year 2023-24 IWA Operating Budget # 8106712-521064 (Production - Professional Services) for services specified in this agreement.
Funds are budgeted in adopted Fiscal Year 2024-25 IWA operating budget, Account Number 8106714-521064 (Customer Service – Professional Services).
ALTERNATIVES:
Not authorize execution of Amendment No. 2 to the Professional Services Agreement.
ATTACHMENTS:
Amendment No. 2 Professional Services Agreement - IB Consulting LLC
APPROVAL(S):
Reymundo Trejo, P.E., IWA General Manager Approved - 24 Mar 2025 Steven Graham Pacifico, City Attorney Approved - 24 Mar 2025 Ruby D. Walla, Director of Finance Approved - 25 Mar 2025 Bryan H. Montgomery, City Manager Approved - 25 Mar 2025
Amendment No. 2 to the Professional Services Agreement with IB Consultin... Page 263 of 267
00091753.1
SECOND AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE INDIO WATER AUTHORITY,
A JOINT POWERS AUTHORITY
AND
IB CONSULTING, LLC
A LIMITED LIABILITY COMPANY
DATED: APRIL 2, 2025
Form Approved 2/17/2023
Amendment No. 2 to the Professional Services Agreement with IB Consultin... Page 264 of 267
00091753.1 Page | 1
SECOND AMENDMENT TO AGREEMENT
This Amendment to the Professional Services Agreement for completion of the Water Rate Study is made and entered into as of this 2nd day of April, 2025, by and between the Indio Water Authority (“Authority”), a joint powers authority and IB Consulting, LLC, a limited liability company (“Consultant”). Authority and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. Authority and Consultant entered into an agreement entitled Professional Services Agreement dated December 6, 2023 (“Agreement”) for the purpose of retaining services of Consultant to provide the completion of a water rate study.
B. On July 1, 2024 Authority and Consultant amended the Agreement with Amendment No. 1 to extend the term for an additional year to June 30, 2025
C. Pursuant to Section 27 of the Agreement, the Parties desire to amend the Agreement to extend term and increase the not-to exceed compensation amount.
D. This Amendment amends Section 1 of the Agreement to provide that the Term of the Agreement is extended for an additional year to June 30, 2026
E. Section 4(a) of the Agreement provides that the Compensation shall not exceed $118,170.00.
F. This Amendment amends Section 4(a) to increase the Compensation by an additional $31,830.00 and provide that the Compensation shall not exceed $150,000.00.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 [TERM OF AGREEMENT]. Section 1 of the Agreement is hereby amended as follows:
Subject to the provisions of Section 21 “Termination of Agreement,” the Term of this Agreement is from the Effective Date to June 30, 2026.
Amendment No. 2 to the Professional Services Agreement with IB Consultin... Page 265 of 267
00091753.1 Page | 2
1.2 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to $150,000.00.
2. MANDATORY INVOICE INFORMATION/NOTICES.
Consultant shall notify the Authority in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the Authority with a revised estimate of the total cost of performing this Agreement.
On invoices submitted to the Authority, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.
3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4. INTEGRATION. This Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.
5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Authority and Consultant.
7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.
8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment.
[SIGNATURE PAGE FOLLOWS]
Amendment No. 2 to the Professional Services Agreement with IB Consultin... Page 266 of 267
00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.
INDIO WATER AUTHORITY
___________________________
Bryan H. Montgomery
Executive Director
ATTEST:
SECRETARY
By: ___________________________
Sabdi Sanchez, CMC
Director of City Clerk Services
APPROVED AS TO FORM:
AUTHORITY GENERAL COUNSEL
By: ____________________________
Steven Graham
CONSULTANT
IB CONSULTING, LLC
By:
Habib Isaac
Principal/Managing Partner
Amendment No. 2 to the Professional Services Agreement with IB Consultin... Page 267 of 267