Agenda, first session — Indio City Council, July 16, 2025 (part 5 of 12)

Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 628 of 1774

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 629 of 1774

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 630 of 1774 Schedule A

INDIO POLICE DEPARTMENT
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The Indio Police Department seeks funding to enhance its impaired driving enforcement efforts through a multi-faceted approach aimed at reducing DUI/DUID incidents. This project will support overtime costs for four DUI/DUID checkpoints and five saturation patrols, ensuring targeted enforcement during high-risk periods.

Additionally, funding will provide specialized training for two officers in Drug Recognition Expert (DRE), Advanced Roadside Impaired Driving Enforcement (ARIDE), and Standardized Field Sobriety Testing (SFST), with backfill to maintain operational staffing. Funding is also requested to certify two officers as SFST/ARIDE instructors, allowing the department to conduct in-house training and enhance long-term impaired driving enforcement capabilities. The project will also enable four personnel to attend an impaired driving training conference hosted by the International Association of Chiefs of Police, ensuring the department remains at the forefront of best practices. To further strengthen enforcement capabilities, the department will procure two SoToxa Roadside Test Instruments and other necessary supplies to improve roadside impairment detection.

This initiative will directly contribute to reducing impaired driving-related collisions, injuries, and fatalities within the community.

Problem Statement & Proposed Solution
The Indio Police Department serves a growing community of nearly 100,000 residents, with a substantial transient population due to seasonal visitors and major music festivals. Impaired driving remains a critical public safety concern, with DUI/DUID-related incidents continuing to rise. From 2023 to 2024, DUI/DUID arrests surged by 68%, increasing from 157 to 264. Despite bolstered enforcement efforts, the persistence of impaired driving highlights the ongoing threat to roadway safety and the need for continued, proactive enforcement measures.

Additionally, large-scale events such as the Coachella Valley Music and Arts Festival and Stagecoach contribute to a surge in impaired driving incidents, placing additional strain on law enforcement resources.

The department currently relies on external agencies, including the Riverside County Sheriff’s Office and the California Highway Patrol, to assist in major impaired driving investigations due to a lack of in-house specialized training and equipment.

Solution
To combat the increasing risks posed by impaired driving, the Indio Police Department proposes a comprehensive enforcement strategy that includes targeted enforcement operations, officer training, and the acquisition of critical enforcement tools.

1. Enhanced Enforcement Operations
• Conduct four DUI/DUID checkpoints at high-risk locations to deter and detect impaired drivers. • Deploy five saturation (SAT) patrols to proactively target impaired drivers during peak times, including weekends, holidays, and major local events.

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 631 of 1774 Schedule A

2. Specialized Officer Training
• Train two officers in Drug Recognition Expert (DRE), Advanced Roadside Impaired Driving Enforcement (ARIDE), and Standardized Field Sobriety Testing (SFST) to improve investigative capabilities.
• Provide backfill overtime funding for officers attending training to minimize disruption during the extended training.
• Certify two officers as SFST/ARIDE instructors, enabling the department to conduct in-house training and expand long-term impaired driving enforcement proficiency • Provide backfill overtime funding to maintain operational coverage during training. • Send four department personnel to an impaired driving training conference to stay updated on the latest enforcement strategies and best practices.

3. Procurement of Enforcement Supplies
• Acquire two SoToxa Roadside Test Instruments to improve drug-impaired driving detection and support prosecution efforts.
• Purchase additional enforcement-related supplies to support impaired driving operations.

By increasing enforcement efforts, expanding officer training, and integrating advanced roadside testing technology, the Indio Police Department aims to reduce impaired driving incidents, collisions, and fatalities, ultimately improving roadway safety for residents and visitors.

Performance Measures/Scope of Work

1. Overtime to support 4 DUI/DUID Checkpoints (Q1 = 1, Q2=1, Q3=1, Q4 = 1):

The Indio Police Department will conduct 4 DUI/DUID checkpoints, with 1 checkpoint scheduled quarterly.

These checkpoints will target areas with high DUI/DUID incidents. The goal of these checkpoints is to reduce DUI/DUID-related fatalities and injuries by 15%. Success will be measured by the number of DUI/DUID arrests and citations made during these events and a decrease in impaired driving-related traffic collisions. Overtime funding will cover staffing costs for officers working these checkpoints.

2. Overtime to support 5 Saturation Patrols (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 2):

The department will implement 5 DUI Saturation Patrols, with 1 patrol conducted in each of Q1, Q2, and Q3, and 2 patrols scheduled for Q4. These patrols will focus on high-risk areas known for impaired driving and will be designed to increase DUI/DUID detection rates. The goal is to reduce impaired driving crashes by 10%. Success will be tracked by the number of arrests made during the patrols and the reduction in DUI/DUID collisions in these areas. Overtime costs will support the additional personnel required for these patrols.

3. Overtime and Travel for Officer Training (Q1-Q4 = Ongoing):

To ensure that officers are fully trained to identify and investigate impaired driving, 2 officers will attend DRE (Drug Recognition Expert), ARIDE (Advanced Roadside Impaired Driving Enforcement), and SFST (Standardized Field Sobriety Testing) training throughout the year. Training backfill overtime is being requested to ensure regular department operations are uninterrupted while officers are being trained.

Specifically, during extended training, the officers' schedule will be modified to reduce overtime and the backfill will be utilized to accommodate such changes. These trainings will improve officers' skills in detecting and handling impaired driving incidents, which will contribute to more effective enforcement.

The number of impaired driving investigations and successful prosecutions will be monitored as a measure of the training’s impact. Two officers will also complete SFST Instructor Training, allowing the department to conduct in-house training and expand enforcement capabilities. Backfill overtime will be provided to maintain adequate staffing levels, ensuring no disruption to regular operations. Specifically, during extended training, the officers' schedule will be modified to reduce overtime, and the backfill will be utilized to accommodate such changes. Training will be prioritized for the start of the funding year to ensure officers are adequately trained as soon as possible and will be able to use their knowledge for the remainder of the year.

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 632 of 1774 Schedule A

4. Attendance at an Impaired Driving Training Conference The department will send 4 staff members to attend the IACP impaired driving and traffic safety training conference in August 2025. The conference will help officers stay current on impaired driving trends, best practices, and emerging technologies. The knowledge gained will be shared with other officers, enhancing the department’s capacity to address impaired driving. Success will be measured by the integration of learned strategies into patrols and checkpoints, leading to increased detections and arrests of impaired drivers.

5. Procurement of 2 SoToxa Roadside Test Instruments (Q1 = 2):

The department will purchase 2 SoToxa Roadside Test Instruments, with the instruments to be procured in Q1. These portable devices will allow officers to conduct immediate drug and alcohol testing at DUI checkpoints and saturation patrols, improving the speed and accuracy of impaired driving detection. The effectiveness of these devices will be measured by the number of tests performed and the number of impaired drivers identified using the SoToxa instruments. This tool will significantly enhance the department's ability to enforce impaired driving laws effectively.

6. Other Enforcement-Related Supplies (Q1-Q4 = Ongoing):

Funding will support the purchase of various supplies necessary for impaired driving enforcement operations, including traffic cones, portable "DUI Checkpoint Ahead" signs, reflective safety vests, LED safety flares and lights, pop-up tents, checkpoint clipboards and documentation materials, portable breath testing equipment accessories, and heavy-duty storage containers. These items are essential to safely and efficiently conduct DUI checkpoints and patrols, ensuring clear public notification, officer visibility, and smooth operations. These resources will enhance officer and public safety while improving the overall effectiveness of impaired driving enforcement activities. The equipment will be purchased in Q1 and should be received in Q1.

Each of these activities will be closely monitored throughout the year, with quantitative measurements like arrests, citations, and DUI-related collision statistics helping assess the success of the project. The overarching goal is to reduce impaired driving in the community, and the activities outlined above will directly contribute to this aim.

Project Performance Evaluation
The effectiveness and impact of the project will be evaluated through a combination of quantitative and qualitative data, with regular tracking of DUI/DUID arrests, traffic collisions, and impaired driving-related incidents. We will compare quarterly data to assess the reduction in DUI/DUID incidents and fatalities, aiming for a 10-15% decrease in impaired driving offenses. Data will be collected from law enforcement reports, checkpoint results, and patrol outcomes, which will be analyzed to determine the success of enforcement activities. Additionally, community feedback from events and outreach efforts will be gathered through surveys and direct engagement to evaluate the public's awareness and perceptions of impaired driving prevention.

A detailed communication plan will be implemented to share project results with both internal and external stakeholders. Internally, progress will be communicated through monthly updates to staff and quarterly reports to the department leadership. Externally, the results will be shared via press releases and social media updates. This approach ensures transparency and demonstrates the tangible benefits of the project in reducing impaired driving and increasing public awareness in the community.

Program Sustainability
Once we have acquired the necessary equipment and established a strong presence to increase our production capacity, we will consistently drive our goals of creating a safer community. As part of our ongoing commitment to bring crucial attention to impaired driving, we will integrate these efforts into our daily operations as a municipal law enforcement agency. We will continue to promote awareness and push the message of impaired-driving prevention, while allocating resources within our available budgetary means. Furthermore, the establishment and enhancement of DUI/DUID training programs will provide longlasting benefits by ensuring that we have the capacity to internally utilize this knowledge. These training efforts will enhance our team's ability to address impaired driving more effectively. The department will continue to ensure that the public remains consistently reminded of the consequences of impaired driving, regardless of future funding availability, through the ongoing work of these divisions within our department.

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 633 of 1774 Schedule A
Administrative Support
The Indio Police Department has a proven history of successfully managing large-scale grants that directly benefit both our local community and the surrounding region. We have effectively collaborated with key agencies such as the Bureau of Justice Assistance, the Department of Justice – COPS program, and the California Office of Traffic Safety in recent years, enabling us to enhance our operations and better serve the residents of Indio. With this experience, we are confident in our ability to meet the objectives outlined in this proposal, driving increased awareness and positive change within the community. The grant will be managed by our dedicated Grant Unit, ensuring that all funding is spent in compliance with grant guidelines and in alignment with the department’s mission.

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 634 of 1774 Schedule B

Detailed Budget Estimate

Award Number Organization/Agency Total Amount
23328 INDIO POLICE DEPARTMENT $186,342.00

Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
IACP Conference - Registration Fee $2,000.00
DUI Checkpoint Supplies $4,750.00
SoToxa Mobile Test System $14,000.00
Category Sub-Total $20,750.00
Personnel
Backfill $55,360.00
DUI Checkpoint $58,272.00
DUI Saturation Patrol $29,910.00
Category Sub-Total $143,542.00
Travel
IACP Conference - Attend Travel $5,860.00
SFST Instructor Training - Attend Travel $3,238.00
DRE Field Certification - Attend Travel $2,684.00
DRE Training - Attend Travel $6,562.00
ARIDE Training - Attend Travel $2,130.00
SFST Training - Attend Travel $1,576.00
Category Sub-Total $22,050.00

Grant Total $186,342.00

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 635 of 1774 Schedule B-1
Budget Narrative

INDIO POLICE DEPARTMENT
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs
SoToxa Mobile Test System
$14,000.00
SoToxa
$4,900 each/2 = $9,800
Accessories = $4,200
The SoToxa Roadside Test Instrument is an advanced portable oral fluid testing system designed to detect drugs in a driver's system quickly and efficiently. This device enhances roadside impaired driving enforcement by providing law enforcement officers with an on-the-spot testing tool to identify drug-impaired drivers.

IACP Conference - Registration Fee
$2,000.00
This is to be used for a yet-to-be-identified impaired driving-specific conference.

Registration Fees: $500 per person × 4 personnel = $2,000.00

DUI Checkpoint Supplies
$4,750.00
To ensure the efficiency, safety, and effectiveness of DUI/DL checkpoints, the Indio Police Department requires various checkpoint-specific supplies that support operational success. These items are essential for maintaining visibility, officer safety, and streamlined processing of impaired drivers. Proper equipment will ensure that DUI checkpoints are conducted in accordance with best practices, minimizing risks to officers and the public while maximizing enforcement efforts.
• Traffic cones
• Portable "DUI Checkpoint Ahead" signs
• Reflective safety vests
• LED safety flares and lights
• Pop-up tent
• Checkpoint clipboards and other minor office supplies • Portable breath testing equipment accessories
• Heavy-duty storage containers

Personnel
DUI Saturation Patrol
$29,910.00
4 Officers per patrol / Officer = OT $173 per hour
1 Sergeant per patrol / Sergeant = OT $173 per hour
1 Dispatcher per patrol / Dispatcher = OT $132 per hour 6 hours per patrol
Total staff hours = 180 (5 patrols x 36 hours per patrol) Overtime rate listed includes benefits and is an estimated maximum used for budgeting purposes.

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 636 of 1774 Schedule B-1
Budget Narrative

DUI Checkpoint
$58,272.00
8 Officers per checkpoint = OT $173 per hour
1 Sergeant per checkpoint = OT $173 per hour
2 Dispatchers per checkpoint = OT $132 per hour
8 hours per checkpoint
Total staff hours = 352 (4 checkpoints x 88 hours per checkpoint) Overtime rate listed includes benefits and is an estimated maximum used for budgeting purposes.

Backfill
$55,360.00
SFST Instructor Overtime Backfill
2 Officers = OT $173 per hour
40 hours per Officer
Total staff hours = 80 (2 Officers x 40 hours each) = $13,840 DRE Training and Certification Overtime Backfill
2 Officers = OT $173 per hour
120 hours per Officer
Total staff hours = 240 (2 Officers x 120 hours each) = $41,520 Overtime rate listed includes benefits and is an estimated maximum used for budgeting purposes.

Travel
SFST Training - Attend Travel
$1,576.00
This funding will cover travel and per diem costs for two officers to attend a three-day SFST training course. SFST is a critical component of impaired driving enforcement, equipping officers with the foundational skills to detect and assess impairment. Travel details are yet to be confirmed, and the location will be determined based on availability.

Hotel: $573 per officer × 2 officers = $1,146.00
Per Diem: $215 per officer × 2 officers = $430.00
Total: $1,576.00

ARIDE Training - Attend Travel
$2,130.00
This funding will support travel and per diem for two officers to attend a four-day ARIDE training. ARIDE enhances officers' ability to recognize impairment from substances other than alcohol, improving overall DUI enforcement.

Travel details are yet to be confirmed, and the location will be determined based on availability.

Hotel: $764 per officer × 2 officers = $1,528.00
Per Diem: $301 per officer × 2 officers = $602.00

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 637 of 1774 Schedule B-1
Budget Narrative

DRE Training - Attend Travel
$6,562.00
This funding will support travel and per diem for two officers to attend a 12-day DRE certification course. DRE training is a specialized program that enables officers to conduct comprehensive drug impairment evaluations.

Travel details are yet to be confirmed, and the location will be determined based on availability.

Hotel: $2,292 per officer × 2 officers = $4,584.00
Per Diem: $989 per officer × 2 officers = $1,978.00

DRE Field Certification - Attend Travel
$2,684.00
To complete DRE certification, officers must attend a five-day field certification phase. This funding will cover travel and per diem expenses necessary for officers to gain practical experience in identifying drug impairment. Travel details are yet to be confirmed, and the location will be determined based on availability.

Hotel: $955 per officer × 2 officers = $1,910.00
Per Diem: $387 per officer × 2 officers = $774.00

SFST Instructor Training - Attend Travel
$3,238.00
This funding will provide travel and per diem for one officer to attend a six-day SFST/ARIDE Instructor course. This training will enable the officer to become a certified instructor, allowing the department to sustain and expand in-house training for DUI enforcement. Travel details are yet to be confirmed, and the location will be determined based on availability.

Hotel: $1,146 per officer × 1 officer = $1,146.00
Per Diem: $473 per officer × 1 officer = $473.00

IACP Conference - Attend Travel
$5,860.00
This funding will cover travel, per diem, and registration costs for four personnel to attend an impaired driving training conference for an estimated 4 nights of travel. The conference will provide valuable insights into the latest enforcement strategies and best practices for impaired driving prevention, ensuring that the department stays current in its approach. Travel details are yet to be confirmed, and the location will be determined based on availability.

IACP Impaired Driving and Traffic Safety Conference - Chicago, IL Hotel: $764 per person × 4 personnel = $3,056.00
Per Diem: $301 per person × 4 personnel = $1,204.00
Flight: $400 per person x 4 personnel = $1,600
Total: $5,860.00

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 638 of 1774 1 RESOLUTION NO. 10508

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, APPROVING THE ACCEPTANCE OF $186,342 IN

CANNABIS TAX FUND GRANT PROGRAM FUNDS AND AUTHORIZING

THE EXECUTION OF THE GRANT AGREEMENT BETWEEN THE

CALIFORNIA HIGHWAY PATROL
WHEREAS, the California Board of State and the Department of California Highway Patrol has heretofore invited public agencies to submit applications for the FY 2025-2026 Grant Cycle for the Cannabis Tax Fund Grant Program for Small/Mid-sized Agency Enforcement Efforts; and WHEREAS, the Department of California Highway Patrol has notified and provided notice to the City of Indio, California and intent to award a grant in the amount of One Hundred Eighty-Six Thousand Three Hundred FortyTwo Dollars ($186,342); and WHEREAS, the City Council of the City of Indio is adopting Resolution No. 10508 designating and authorizing the City Manager, or his designee, to execute said grant documents and agreements; and
WHEREAS, the Department of California Highway Patrol requires that the Indio City Council adopts a resolution in order to be eligible to accept and execute the grant agreement in the amount of One Hundred Eighty-Six Thousand Three Hundred Forty-Two Dollars ($186,342); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The submission of the application and acceptance of funds on behalf of the City of Indio, a public entity established under the laws of the State of California, is hereby ratified and approved.

Section 2. The City Council of the City of Indio hereby agrees to, and by this Resolution, does accept the One Hundred Eighty-Six Thousand Three Hundred Forty-Two Dollars ($186,342); in Grant funds awarded to the City without further action of the City Council being required therefore.

Section 3. The City of Indio hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Department of California Highway Patrol upon said Grant, and the Indio City Manager, or his designee, is hereby authorized and directed to execute any agreements,

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 639 of 1774 2 assurances, or other documents that are required or necessary in connection with the acceptance or implementation of this grant.

PASSED, APPROVED AND ADOPTED this 16th day of July, 2025. ________________________________

GLENN MILLER, MAYOR
ATTEST:
______________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

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Resolution No. 10508, accepting a Fiscal Year 2026 California Highway Pa... Page 640 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Conflict: No
Subject: Accept a Fiscal Year 2026 California Highway Patrol (CHP) grant under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $127,676 and Adopt Resolution No. 10509 designating and authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio.

RECOMMENDATION:

Staff recommends that the City Council accept a Fiscal Year 2026 Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP) in the amount of $127,676; adopt Resolution No. 10509 designating and authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio, and direct the Finance Department to adjust appropriations and estimated revenue as reflected in the financial details section of this staff report.

SUMMARY:

The Indio Police Department was awarded $127,676 for Fiscal Year 2026 by the California Highway Patrol to support impaired driving enforcement efforts. The grant award funds overtime for community education activities, a comprehensive print, billboard, and commercial campaign on the dangers of impaired driving, and promotional supplies.

BACKGROUND INFORMATION:

California voters passed the Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64) in 2016, which allowed for the recreational use and personal cultivation of cannabis. Among the regulatory components of Proposition 64 is a specific earmark for the California Highway Patrol (CHP) to award competitive grants to local governments, aimed at increasing education efforts to address impaired driving, with the ultimate goal of reducing impaired driving accidents.

The Indio Police Department was awarded $127,676 to support enforcement activity and advanced training. This funding will support the Department's Traffic Unit efforts in educating residents on the dangers of impaired driving. This grant is in addition to a $186,342 grant award within the same program, which will focus on enforcement activities.

FINANCIAL SUMMARY:

Current FY Financial $127,676.00 In current year budget: No AGENDA ITEM #10.15
Resolution No. 10509, accepting a Fiscal Year 2026 California Highway Pa... Page 641 of 1774 Impact:

Current FY General
Fund Impact:
$0.00 Budget adjustment: Yes
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Cannabis Tax Fund Grant
Program (CTFGP)
Fund-Org-Object
Reference:
226-various
Additional Financial Details:

The City of Indio's Fiscal Year 2026 California Highway Patrol grant allocation under the Cannabis Tax Fund Grant Program is $127,676.00. The grant performance period is twelve months, and funds will be awarded on a reimbursable basis. There is no match contribution.

Staff requests that the City Council approve and direct the Finance Department to increase appropriations and estimated revenue as follows:

Increase appropriations:
226-511016 Overtime $25,676.00
226-524002 Advertising & Promotional Services $94,000.00 226-531042 Promotional Supplies $8,000.00
Total $127,676.00
Increase estimated revenue
226-402325 State Grant $127,676.00
ATTACHMENTS:

Attachment 1: FY25-26 CTFGP Grant Agreement - Indio PD EDU Attachment 2: Resolution 10509 - CHP Acceptance Education APPROVAL(S):

Andrew Leyva Approved - 08 Jul 2025
Steven Graham Pacifico, City Attorney Approved - 08 Jul 2025 Ruby D. Walla, Director of Finance Approved - 08 Jul 2025 Bryan H. Montgomery, City Manager Approved - 09 Jul 2025

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Resolution No. 10509, accepting a Fiscal Year 2026 California Highway Pa... Page 642 of 1774 State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23299 ________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Education - Indio Police Department

2. NAME OF ORGANIZATION/AGENCY

INDIO POLICE DEPARTMENT

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Indio Police Department

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Education grants shall be in direct support of grant-funded Project activities. Education Projects shall focus on local community-based activities that shift public perspectives and expand the number of activities utilized to help mitigate alcohol and drug-impaired driving. Projects should showcase unique approaches that educate local communities on impaired driving laws, while highlighting the dangers of driving under the influence of alcohol and/or drugs (DUI/DUID).

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $127,676.00

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Bryan Montgomery
Title: City Manager
Phone: (760) 391-4000
Address: 100 Civic Center
Indio, CA 92201
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Ruby Walla
Title: Director of Finance
Phone: (760) 391-4000
Address: 100 Civic Center
Indio, CA 92201

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TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

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TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

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TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

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TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

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TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

P. RESOLUTION

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

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7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

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Project Description
The Indio Police Department is combating a persistent rise in impaired driving arrests and collisions, leading to devastating consequences, including severe property damage, injuries, and fatalities. While enforcement efforts remain a priority, the missing component in addressing this emerging issue is a sustained, data-driven education campaign to shift behaviors and attitudes toward impaired driving. Current outreach efforts are fragmented and limited by resource constraints, preventing the department from delivering a comprehensive, high-visibility public awareness initiative. Grant funding will allow the implementation of a robust, multiplatform education campaign utilizing billboards, targeted social media outreach, professional commercial production, and large-scale community engagement. As the host city for the internationally recognized Coachella Valley Music and Arts Festival and Stagecoach Festival, Indio has a unique opportunity to amplify its messaging to over 400,000 attendees, influencing both local and visiting populations. By filling the gap in proactive education, this initiative aims to reduce impaired driving incidents by 10% within the grant period, ultimately preventing crashes, saving lives, and creating lasting behavioral change.

Problem Statement & Proposed Solution
Impaired driving is a persistent occurrence in Indio, leading to devastating consequences, including serious injuries and fatalities. While impaired driving has risen nationally—partly due to post-pandemic behavioral shifts and reduced reliance on rideshare services—Indio has experienced a particularly severe surge. From 2023 to 2024, DUI/DUID arrests surged from 157 to 264, marking a 68% increase. During this timeframe, we have bolstered enforcement activity to ensure safer roads, yet the continued rise in impaired driving incidents underscores the need for sustained and enhanced enforcement efforts.

Indio faces unique challenges due to its status as the host city for two of the largest music festivals in the country—the Coachella Valley Music and Arts Festival and Stagecoach Festival—which draw more than 400,000 visitors across three weekends. These events bring a significant increase in alcohol and drug consumption, further elevating the risk of impaired driving incidents. The impact of these festivals extends beyond Indio, as many attendees travel to and from the city under the influence, affecting regional roadway safety. Despite the Indio Police Department’s dedicated enforcement efforts, the absence of a sustained, data-driven public education campaign has left a critical gap in efforts to prevent impaired driving before it occurs. Without an ongoing, highly visible education strategy, the community remains vulnerable to continued increases in impaired driving incidents, preventable crashes, and tragic loss of life.

Proposed Solution
To address this urgent public safety issue, the Indio Police Department is proposing a comprehensive, multifaceted public education campaign designed to increase awareness, shift attitudes, and reduce impaired driving incidents through targeted messaging and engagement. This initiative will leverage data-driven marketing/advertising strategies to reach both residents and visitors, ensuring broad and lasting impact.

Grant funding will support the implementation of the following key initiatives:
• Participation in six community outreach events, where officers and other personnel will engage directly with residents to educate them on the risks, legal consequences, and real-life impacts of impaired driving. These events will provide opportunities for hands-on learning experiences, interactive demonstrations, and the distribution of educational materials.

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• Adapting our annual National Night Out event into a flagship impaired driving awareness campaign event, reinforcing the dangers of alcohol- and drug-impaired driving through impactful presentations, testimonials from victims and first responders, and interactive experiences such as impairment simulation activities. Our event is historically nationally ranked and within top 5 with California for bringing community organizations, residents, and public safety agencies together for a fun evening consisting of conversations and opportunities to discuss public safety within Indio. Our event is attended by over 750 residents year after year and growing. • Exploring the acquisition of an inoperative vehicle from an impaired driving incident as a powerful, visual reminder of the devastating consequences of driving under the influence. This vehicle, paired with educational signage and displays, will be used at community events, schools, and high-traffic public areas to drive home the real-world impact of impaired driving. This will be completed in partnership with our local tow company association to ensure community stakeholders are involved in the project.
• Purchasing high-quality presentation supplies and engagement materials, such as educational banners, visual displays, and digital content, to enhance outreach efforts and ensure that messaging is both effective and memorable. The bulk of the supplies and materials will be used during the community outreach events and National Night Out.
• Producing a professional, bilingual commercial (English and Spanish) to be distributed through local news media, social media platforms, and community networks. This commercial will be designed to resonate with diverse audiences and reinforce the consequences of impaired driving through compelling storytelling featuring our personnel.

This initiative is designed to be sustained, high-visibility, and strategically targeted to maximize impact. By implementing this multi-platform education campaign, the Indio Police Department aims to reduce impaired driving-related crashes and fatalities by 10% within the grant period, ultimately fostering long-term behavioral change and saving lives in Indio and the surrounding communities.

Performance Measures/Scope of Work
Our project aims to reduce impaired driving incidents in Indio through a sustained, multi-platform public education campaign that increases awareness of the dangers and consequences of driving under the influence of alcohol, cannabis, and other drugs. This initiative is designed to target both current and future drivers, with a specific emphasis on engaging new and young drivers.

To achieve this, the Indio Police Department will implement the following measurable objectives:

The department will conduct six impaired driving-focused community outreach events throughout the funding year to educate residents on the risks, legal consequences, and real-life impacts of impaired driving, including cannabis and cannabis products. These events will take place bi-monthly (every two months) and aim to reach at least 50 attendees per event. Pre- and post-event surveys will be used to measure changes in awareness and attitudes, and DUI/DUID-related citations and collisions in targeted areas will be tracked to assess impact. Budget items supporting this objective include printed educational materials, event display supplies, and outreach equipment. Events will include participation in City of Indio-sponsored events, high school outreach, and local community gatherings to ensure diversity in event selection and to maximize audience reach.

National Night Out will be centered around impaired driving education to maximize visibility and impact. This event, held annually in August, will attract at least 700 attendees. Survey responses will be collected from at least 50 attendees to measure knowledge retention and behavior changes. Budget funds for signage, promotional materials, and public engagement supplies will be used to support this activity. Messaging will specifically highlight the dangers of impaired driving involving alcohol, cannabis, and other drugs, targeting both adult and youth attendees.

To create a powerful visual presence, the department will secure and display a wrecked vehicle from an impaired driving crash by the end of the first quarter. The wrecked vehicle will be used as a traveling display at all six community events and at Indio high schools at least once during the project year. Budget items supporting this include vehicle transport equipment and maintenance supplies. The display will serve as a high-impact reminder of the fatal consequences of impaired driving, with messaging visible to students, young drivers, and general community members.

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Two commercials (one in English and one in Spanish) will be produced to reach both the general and Spanish-speaking populations of Indio. Production will be completed by the end of the second quarter, with distribution through local news outlets, public access television, city bulletins, and social media platforms in the third and fourth quarters. The goal is to reach at least 10,000 viewers, with messaging specifically addressing the risks of impaired driving involving alcohol, cannabis, and other substances. A 10 percent increase in reported awareness of impaired driving risks will be measured through survey responses and media analytics. Budget items will cover video production, editing, and media placement costs.

A year-long social media awareness campaign will be implemented, featuring interactive and educational content with an emphasis on impaired driving, cannabis impairment, and consequences. The department will publish at least five impaired driving-focused posts per month (totaling 60 posts annually) across all platforms, including Facebook, Instagram, and Twitter/X. Messaging will be designed to appeal to younger drivers and general motorists. Budget will cover media content creation and advertising boosts to ensure extended reach.

Electronic message boards will be deployed monthly (one deployment per month) in high-risk DUI corridors to remind drivers of the dangers and legal consequences of impaired driving. Locations will be selected based on DUI arrest and collision data. DUI/DUID arrest data will be compared before and after message board deployments to assess impact. Although the message boards were previously purchased through the FY2023 CTFGP Education Grant, the monthly operational deployment will continue using this project’s activity structure and timelines.

Billboard space will be secured along the I-10 Freeway and other inland corridors for an eight-month impaired driving prevention campaign. Deployment will begin in the second quarter and continue through the end of the project period. Messaging will target all drivers, with special emphasis on festival visitors, young adults, and commuters, and will highlight the dangers of impaired driving from alcohol, cannabis, and other drugs. Budget funds will cover billboard design, production, and rental costs. Surveys and engagement metrics will be used to measure public awareness and message saturation.

The project’s overall impact will be measured by achieving a 10 percent reduction in DUI/DUID-related collisions during the grant period, a 10 percent reduction in DUI/DUID arrests per quarter, and an increase in public awareness as measured through outreach engagement, survey data, and social media analytics.

Through this comprehensive education-focused approach, the Indio Police Department aims to reduce impaired driving-related incidents while fostering a long-term cultural shift toward responsible driving behavior.

Project Performance Evaluation
The Indio Police Department will evaluate the effectiveness of the project using both quantitative and qualitative measures, ensuring a comprehensive assessment of the grant’s impact on reducing impaired driving incidents in the community.

Quantitative data will be collected through DUI/DUID arrest reports, impaired driving-related traffic collision statistics, community event attendance records, social media engagement metrics, and audience reach for media campaigns. The department will track DUI/DUID arrests and impaired driving-related collisions on a monthly basis, comparing figures from the previous year to measure reductions. The goal is to achieve a 10 percent quarterly reduction in DUI/DUID arrests and a 10 percent annual reduction in impaired driving-related collisions. Additionally, outreach event participation will be documented, with a target of reaching at least 50 attendees per event and 700 attendees for National Night Out. Social media performance will be analyzed through post engagement, video views, and audience reach, aiming for increased participation in prior-year safety campaigns. The bilingual commercial’s success will be measured by media impressions, targeting at least 10,000 viewers.

Qualitative evaluation will include pre-and post-event surveys to gauge shifts in public perception and awareness of impaired driving risks. Surveys will be conducted at community outreach events, with at least 10 attendees providing feedback. The presence of the wrecked vehicle display will be evaluated based on public response, comments, and social media engagement. Additionally, stakeholder feedback from community organizations, schools, and city officials will be gathered to assess the perceived impact of the education campaign. While our goal is to have 50 attendees at each community outreach event, our target for the surveys is 10 pre-event and 10 post-event to ensure the engagement is authentic and not robotic.

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To communicate the project’s results, the department will conduct an extensive public relations campaign.

This will include a final project report presented to city residents, law enforcement partners, and community stakeholders. Results will be shared externally through press releases, social media updates, local news media coverage, and bilingual outreach via Spanish-language media. Internally, project findings will be distributed through department briefings and reports. The Public Information Officer will facilitate the dissemination of key takeaways, ensuring transparency and demonstrating the success of the impaired driving education initiative.

By implementing a data-driven evaluation strategy and maintaining a strong communication plan, the Indio Police Department will effectively measure the project’s impact and ensure continued community engagement in impaired driving prevention efforts.

Program Sustainability
The proposed grant funding will establish the foundation for a long-term impaired driving education initiative within the Indio Police Department. By investing in outreach tools and educational materials, the department will enhance its ability to deliver impactful messaging to the community. Moving forward, impaired driving awareness will be incorporated into the department’s ongoing outreach efforts through our Social Media Team. These divisions will continue promoting the message as part of their regular community engagement strategies. Additionally, the department will explore partnerships and alternative funding sources to sustain outreach efforts beyond the grant period. As the program develops, the department will assess ways to integrate impaired driving prevention into its broader public safety initiatives, ensuring the message remains a priority regardless of future funding availability.

Administrative Support
The Indio Police Department has a proven history of successfully managing large-scale grants that directly benefit both our local community and the surrounding region. We have effectively collaborated with key agencies such as the Bureau of Justice Assistance, the Department of Justice – COPS program, and the California Office of Traffic Safety in recent years, enabling us to enhance our operations and better serve the residents of Indio.

With this experience, we are confident in our ability to meet the objectives outlined in this proposal, driving increased awareness and positive change within the community. The grant will be managed by our dedicated Grant Unit, ensuring that all funding is spent in compliance with grant guidelines and in alignment with the department’s mission.

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Detailed Budget Estimate

Award Number Organization/Agency Total Amount
23299 INDIO POLICE DEPARTMENT $127,676.00

Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
Presentation Materials and Supplies $8,000.00
Category Sub-Total $8,000.00
Personnel
Education/Outreach $25,676.00
Category Sub-Total $25,676.00
Consultants/Contracts
Billboard $42,000.00
DUI/DUID Commercials $24,000.00
Print Advertisements $14,400.00
Radio Advertisements $13,600.00
Category Sub-Total $94,000.00

Grant Total $127,676.00

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Budget Narrative

INDIO POLICE DEPARTMENT

Other Direct Costs
Presentation Materials and Supplies
$8,000.00
Funding will be used to purchase essential presentation supplies to enhance impaired driving prevention outreach efforts at community events, school presentations, and public safety demonstrations. These materials will support interactive education, visual displays, and hands-on learning experiences to reinforce the dangers and consequences of impaired driving.

Costs will cover standard presentation materials such as banners, posters, brochures, educational handouts, and multimedia presentation tools. We also anticipate purchasing pop-tent, table, and other presentation supplies for the both itself. Additionally, funding will be allocated for impaired-driving-specific supplies, including impairment simulation goggles and interactive activity kits. These tools will allow participants to experience simulated impairment, reinforcing the dangers of impaired driving through firsthand demonstration.

By equipping officers with high-quality educational resources, this investment will enhance the effectiveness of outreach efforts, making presentations more impactful and increasing awareness within the community.

Personnel
Education/Outreach
$25,676.00
Funding will be used to cover overtime costs for officers and staff participating in six impaired driving education and outreach events throughout the grant period. These events will provide direct engagement with the community, allowing officers to educate attendees on the dangers and consequences of impaired driving. Overtime coverage ensures that outreach efforts do not impact regular patrol operations while maximizing public interaction and education efforts.

Community outreach event - 6 events
2 Officers x 4 hours @ $173 per hour= $1,384 per event x 6 events = $8,304 1 Sergeant x 4 hours @ $173 per hour each = $692 per event x 6 events = $4,152 This overtime rate is inclusive of benefits.

Overtime funding will be allocated to support the department’s participation in National Night Out, which will be centered around impaired driving awareness. This event attracts a large community audience, making it a critical opportunity for impactful education. Officers and staff will be present to engage with attendees, provide information, and facilitate interactive demonstrations to reinforce the dangers of impaired driving.

National Night Out - 1 event
10 Officers x 4 hours @ $173 per hour= $6,920
3 Sergeants x 4 hours @ $173 per hour each = $2,076
Dispatchers/other Support Services Personnel: 8 personnel x 4 hours @ $132 per hour = $4,224 This rate is inclusive of benefits.

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Budget Narrative

INDIO POLICE DEPARTMENT

Consultants/Contracts
Billboard
$42,000.00
The above will support our billboard efforts to expand our reach. We anticipate being able to rent two highly visible billboards for the months from October to May 2025. This will allow the passerby holiday traffic, Spring Break travelers, major festival attendees, and the everyday traffic of the Coachella Valley to see our messaging. $4,750 monthly rental X 8 months = $38,000
$2,000 production costs x 2 = $4,000
No vendor has been identified, however, the vendor will be contracted in accordance with the City of Indio Purchasing Policy and applicable grant regulations.

DUI/DUID Commercials
$24,000.00
Funding will support the professional production and broadcasting of two impaired driving prevention commercials—one in English and one in Spanish. These commercials will be designed to resonate with diverse audiences and will highlight the real-life consequences of impaired driving. Funds will cover script development, filming, editing, and distribution across local television, online platforms, and social media to maximize reach and impact.

Production (estimated) $750 x 2 = $1,500
Distribution $4,500 x 5 months = $22,500
No vendor has been identified, however, the vendor will be contracted in accordance with the City of Indio Purchasing Policy and applicable grant regulations.

Print Advertisements
$14,400.00
Funding will be used to produce and place bilingual impaired driving prevention advertisements in local newspapers, magazines, and community publications. These ads will feature critical messaging about the dangers and consequences of impaired driving, delivered in both English and Spanish. The strategic placement of these print ads will target publications with wide circulation, including Spanish-language outlets, ensuring accessibility to the diverse populations within Indio and the surrounding area. The goal is to maximize community engagement by ensuring the message reaches as broad an audience as possible, especially in print outlets that serve both English and Spanish-speaking residents.

Costs will cover ad placement fees and printing expenses. The ads will be scheduled to run during high-risk periods, such as holidays and major local events like the Coachella Valley Music and Arts Festival and Stagecoach Festival, reinforcing impaired driving prevention messages when they are most needed.

English print ads - $1,200 per month x 6 months = $7,200 Spanish print ads - $1,200 per month x 6 months = $7,200 Total: $14,400

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Budget Narrative

INDIO POLICE DEPARTMENT

No vendor has been identified, however, the vendor will be contracted in accordance with the City of Indio Purchasing Policy and applicable grant regulations.

Radio Advertisements
$13,600.00
Funding will be used to produce bilingual impaired driving prevention radio advertisements in both English and Spanish. These ads will deliver vital messaging about the dangers and consequences of impaired driving, ensuring the message reaches a broad and diverse audience. Radio ads will be aired on stations with significant local listenership, including Spanish-language radio, to ensure maximum reach across both English and Spanish-speaking communities within Indio and the surrounding region.

Costs will cover radio production, airtime, and distribution. These radio ads will be scheduled to align with high-risk periods, such as holidays and major local events like the Coachella Valley Music and Arts Festival and Stagecoach Festival, to maximize their impact. By utilizing radio broadcasts, the campaign will reach listeners in real-time, further strengthening the department’s outreach efforts.

English radio ads - $850 per month x 8 months = $6,800
Spanish radio ads - $850 per month x 8 months = $6,800
No vendor has been identified, however, the vendor will be contracted in accordance with the City of Indio Purchasing Policy and applicable grant regulations.

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Resolution No. 10509, accepting a Fiscal Year 2026 California Highway Pa... Page 657 of 1774 1 RESOLUTION NO. 10509

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, APPROVING THE ACCEPTANCE OF $127,676 IN

CANNABIS TAX FUND GRANT PROGRAM FUNDS AND AUTHORIZING

THE EXECUTION OF THE GRANT AGREEMENT BETWEEN THE

CALIFORNIA HIGHWAY PATROL
WHEREAS, the California Board of State and the Department of California Highway Patrol has heretofore invited public agencies to submit applications for the FY 2025-2026 Grant Cycle for the Cannabis Tax Fund Grant Program for Education efforts; and
WHEREAS, the Department of California Highway Patrol has notified and provided notice to the City of Indio, California and intent to award a grant in the amount of One Hundred Twenty-Six Thousand Six Hundred SeventySix Dollars ($127,676); and WHEREAS, the City Council of the City of Indio is adopting Resolution No. 10509 designating and authorizing the City Manager, or his designee, to execute said grant documents and agreements; and
WHEREAS, the Department of California Highway Patrol requires that the Indio City Council adopts a resolution in order to be eligible to accept and execute the grant agreement in the amount of One Hundred Twenty-Six Thousand Six Hundred Seventy-Six Dollars ($127,676); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 2. The City Council of the City of Indio hereby agrees to, and by this Resolution, does accept the One Hundred Twenty-Six Thousand Six Hundred Seventy-Six Dollars ($127,676); in Grant funds awarded to the City without further action of the City Council being required therefore.

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Resolution No. 10509, accepting a Fiscal Year 2026 California Highway Pa... Page 658 of 1774 2 assurances, or other documents that are required or necessary in connection with the acceptance or implementation of this grant.

PASSED, APPROVED AND ADOPTED this 16th day of July, 2025. ________________________________

GLENN MILLER, MAYOR
ATTEST:
______________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

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Resolution No. 10509, accepting a Fiscal Year 2026 California Highway Pa... Page 659 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Contract Change Order No. 9 with Granite Construction Company in the amount of $156,172.02 for the Jackson Street Improvements Project – Phase 1, City Project No. TS1901
RECOMMENDATION:

Staff recommends that the City Council approve Contract Change Order No. 9 with Granite Construction Company in the amount of $156,172.02 for the Jackson Street Improvements Project – Phase 1, City Project No. TS1901; and authorize the City Manager to execute the Change Order.

SUMMARY:

City Council approval is requested for Contract Change Order No. 9, which increases the construction contract with Granite Construction Company by $156,172.02 for Phase 1 of the Jackson Street Improvements Project, City Project No. TS1901. The project scope includes road widening, new sidewalks, and pipeline replacement. Delays in receiving final utility plans and approvals from the Imperial Irrigation District (IID) and Coachella Valley Water District (CVWD) pushed the project start date from May to September 2024 and extended completion to March 2025.

This change order compensates the contractor for added costs caused by rescheduling, remobilization, and coordination with utility agencies. It also resolves all outstanding issues and waives any future claims. The final project cost for Phase I will be $6.42 million.

BACKGROUND INFORMATION:

On May 1, 2024, the City Council approved a construction contract with Granite Construction Company in the amount of $6,222,226 for Phase 1 of the Jackson Street Improvements Project.

The project included widening and rehabilitating Jackson Street to provide two northbound and two southbound lanes, along with new sidewalks, curb ramps, and driveways to improve pedestrian safety. It also included replacement of a CVWD irrigation pipeline. A project location map is provided in Attachment 1.

During construction, Contract Change Orders (CCOs) No. 1–8 were approved under the City Manager’s authority, resulting in a net contract increase of $46,363.41. A summary of those change orders is provided in Attachment 2.

Staff is now requesting approval of Change Order No. 9, which increases the contract by $156,172.02. This amount reflects a negotiated settlement with the contractor to cover costs associated with remobilization for out-of-sequence work and the overhead required to coordinate AGENDA ITEM #10.16
Contract Change Order No. 9 with Granite Construction Company in the amo... Page 660 of 1774 utility relocations. The contractor has agreed to waive all rights to future claims related to these delays. A copy of the change order is included in Attachment 3.

Construction was originally scheduled to begin on May 20, 2024, but was delayed until September 16, 2024, due to late plan submissions from IID and CVWD. CVWD also delayed material submittal reviews for over two months between October 25, 2024, and January 2, 2025. These issues caused frequent rescheduling, repeated equipment mobilizations, and reduced construction efficiency. The original completion date of December 12, 2024, has been extended to March 30, 2025. These delays led to additional costs for extended project management, increased labor and equipment expenses, and prolonged traffic control. Construction productivity was further impacted by rephased work and utility-related disruptions, including delayed relocations by Frontier.

Staff and the construction management team have reviewed the project documentation and agree that the delays and added costs were due to factors beyond the contractor’s control. Therefore, staff recommends approval of Contract Change Order No. 9.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$156,172.02 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: CIP Funds Fund-Org-Object
Reference:
300-523006
Additional Financial Details:

The FY25/26 Capital Improvement Project (CIP) Fund includes a budget of $11,426,690 for Phase 2 of the Jackson Street Improvements Project. Staff proposes to use a portion of these funds to cover the cost of Contract Change Order No. 9.

Original Contract Amount: $6,222,226.00
Previously Approved CCOs: $46,363.41
Agreed CCO No. 9 Price: $156,172.02 (this item)
Total Revised Contract Amount: $6,424,761.43
ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Granite CCO 1 -8 Summary
Attachment 3 - Contract Change Order 9
APPROVAL(S):

Juan Raya, City Engineer Approved - 08 Jul 2025
Timothy Wassil, Public Works Director Approved - 08 Jul 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jul 2025 Ruby D. Walla, Director of Finance Approved - 09 Jul 2025

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 661 of 1774 Bryan H. Montgomery, City Manager Approved - 09 Jul 2025

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 662 of 1774 ATTACHMENT 1
Project Location Map

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 663 of 1774

COUNCIL MEETING DATE
N
W E

E N G I N E E R I N G S E R V I C E S
LEGEND

PROJECT LOCATION

CITY BOUNDARY
JULY 16, 2025

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

NOT TO SCALE JACKSON ST
AVENUE 52

CITY OF INDIO
AVENUE 50
AVENUE 49
AVENUE 51 JACKSON ST

COUNTY OF RIVERSIDE CITY OF INDIO CITY OF COACHELLA
AVENUE 48
COUNTY
OF

RIVERSIDE CITY OF INDIO COUNTY OF RIVERSIDE

CITY OF INDIO

CITY OF COACHELLA

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 664 of 1774 ATTACHMENT 2
Summary of Previously Approved
Contract Change Orders
No. 1 - 8

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 665 of 1774 100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org
Summary of Contract Change Orders No. 1 – 8
Jackson Street Improvements Project – Phase 1
City Project No. TS1901,
Change Order No. 1-8 with Granite Construction Company representing a net increase of $46,363.41, for added costs for the subject project. A summary of each is as follows:

Change Order No. 1: Adds supplemental traffic striping in the vicinity of the L&G Market to enhance the visibility of temporary mitigations made to keep access to the store open during construction. Also adds a second coat of paint for traffic striping, which was not a part of the original contract. Total Cost:
$23,935
Change Order No. 2: Additional work for the removal and replacement of a existing 10" IWA waterline that conflicted with the CVWD irrigation line lateral.

Pipe was not anticipated in the project plans, and when they opened the street it was found 1.4 feet below the surface. Contractor was directed to make the necessary replacement under time and materials to avoid delays. Total Cost:
$33,360.42.

Change Order No. 3: During construction the County of Riverside raised concerns with the deteriorated condition of Avenue 50, adjacent to the project limits of work. It was mutually agreed that Granite Construction would proceed with a mill and overlay of the street within the County of Riverside jurisdiction, and the City will seek reimbursement from the County for this work. Total Cost:
$33,000.

Change Order No. 4: During the construction of the CVWD Irrigation lateral, required a removal and replacement of a concrete cross gutter in the middle of the roadway. This was not part of the original scope of work. Total Cost:
$11,898.07.

Change Order No. 5: During the construction at the intersection of Jackson Street and Avenue 50, it was discovered that the storm drain inlet was not going to provide proper drainage and a design modification was needed to make it work. The additional work included regrading of the subgrade, base materials, and resetting the inlet. Total Cost: $21,582.36
Change Order No. 6: Additional tasks added to date required the contractor to do additional utility potholes to avoid utilities that were not shown on the plans. This work was tracked on a time and materials basis. Total Cost: $11,234.22

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 666 of 1774 Change Order No. 7: This change order reflects changes required by CVWD that occurred after construction had already started. This included vault and pipe materials, and an additional mobilization to repave Avenue 51. Total Cost:
$28,781.36
Change Order No. 8: This represents a final balancing adjustment for the project bid item quantities to reflect actual field-measured quantities and completed work.

This represents increases and decreases to unit bid priced items, as well as any lump sum or time and material work not previously captured in the earlier change orders.

The results is a net decrease in the amount of $117,428.04. Total Cost:
($117,428.04)
The total cost for all change orders is $46,363.41, reflecting a 0.7% increase in the total cost of the project.

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 667 of 1774 ATTACHMENT 3
Contract Change Order
No. 9

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Contract Change Order No. 9 with Granite Construction Company in the amo... Page 668 of 1774 ► D11
take center stage
City Project No.:

Date:

Contract Change Order No.:

CITY OF INDIO
TS1901
6/24/25
9 PUBLIC WORKS DEPARTMENT
PROJECT: TS1901 Jackson Street Improvement Project Phase 1 CONTRACTOR: Granite Construction
CHANGE PROPOSED: This change order addresses additional costs incurred due to significant delays in the project start date and disruptions to the construction sequence, primarily caused by delayed plan approvals and extended utility coordination with CVWD and 11D.

Although the project was originally scheduled to begin on May 20, 2024, construction did not commence until September 16, 2024, due to delays in receiving final plans from both CVWD and 11D. Submittal approvals for CVWD materials were delayed and received over an extended period between October 25, 2024, and January 2, 2025. These delays required frequent rescheduling, repeated equipment mobilizations, and impacted overall construction productivity.

The original completion date of December 12, 2024, has been extended to an estimated completion date of March 30, 2025. As a result, the project incurred additional costs including extended project management and engineering staff time, labor insurance premium escalation, equipment escalation, and traffic control equipment such as message boards.

Additionally, the project experienced production losses in concrete and paving due to the rephasing of work and frequent relocation of crews and equipment. Specific work delays included out-of-sequence grading, concrete, and paving operations caused by delayed Airvac relocations, Frontier relocations, and the absence of timely 11D and CVWD plans and submittal approvals. A detailed cost breakdown is attached for reference.

The Owner and the Contractor hereby agree that this Change Order constitutes full mutual accord and satisfaction for all time, all costs, and all impacts related directly or indirectly to this Change Order. The Contractor hereby agrees that this Change Order represents the full equitable adjustment owed under the Contract, and further agrees on behalf of himself and all subcontractors to waive all right to file any further claims or request for equitable adjustment arising out of or as a result of this Change Order or the cumulative effect of this Change Order on the performanceof the overall Work under the Contract. This document will become a supplement to the contract, and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

The total amount for Contract Change Order #9 is a net increase in the amount of $156,172.02. Funds for said costs are within the approved project budget. @ 100 Civic Center Mall, Indio, CA 92201 I . . . f @ � w a &) 760-391-4000 @ Indio.org
@cityofindio

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City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Fuel purchase in the amount of $600,000 from SC Commercial LLC, for the City’s bulk fuel needs for Fiscal Year 2025/26.

RECOMMENDATION:

Staff recommends that the City Council approve the fuel purchase in the amount of $600,000 from SC Commercial LLC, for the City’s bulk fuel needs for Fiscal Year 2025/26.

SUMMARY:

The City uses a cost-effective fuel contract through the County of Riverside to supply fuel for its fleet vehicles and equipment. This partnership helps the City save money and maintain a steady fuel supply. Previously approved funding for this purpose has already been fully expended, and additional funds are needed to cover fuel costs through the end of the 2024/25 fiscal year. Looking ahead, with fuel prices continuing to rise, staff recommend allocating $600,000 for the current Fiscal Year 2025/26 to ensure our city vehicles can continue to operate without interruption.

BACKGROUND INFORMATION:

With the construction of the Indio Corporate Yard, the City built an above-ground bulk fueling facility.

This new facility allows the City to purchase fuel in bulk at lower rates while providing a more secure and reliable way to fuel its fleet vehicles and equipment.

The County of Riverside has an active contract with SC Commercial, LLC for the purchase and delivery of fuel. This agreement runs through March 2027 and was established through a competitive bidding process.

City staff reviewed this County contract and determined that it meets the City of Indio’s requirements for both cost-effectiveness and fuel quality. Under the City’s municipal code (Section 33.116), cooperative purchasing is allowed when another public agency has already completed a competitive bidding process. This makes the County’s contract a qualified and efficient option for the City.

By using this contract, the City can continue purchasing fuel in a timely and cost-effective manner.

Additionally, the agreement provides flexibility, including access to a secondary vendor in case of emergencies.

On August 21, 2024, the City Council approved $500,000 for fuel purchases through this contract to support ongoing fleet operations. This funding has supported essential services by ensuring the City’s vehicles and equipment remain fueled and ready to operate.

AGENDA ITEM #10.17
Fuel purchase in the amount of $600,000 from SC Commercial LLC, for the ... Page 673 of 1774 As of May 2025, the full $500,000 has been used. Additional funds in the amount of $71,840.61 were needed to pay the remaining invoices for the rest of the Fiscal Year 2024/25.

Looking ahead, due to rising fuel costs, staff recommends approving $600,000 for fuel purchases for the upcoming Fiscal Year 2025/26 to ensure the City maintains a consistent and reliable fuel supply.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$600,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: Fleet Motor Fuel, Oil Supplies Fund-Org-Object Reference:
605 531030
Additional Financial Details:

For Fiscal Year 2025/26, a total of $750,000 has been budgeted to support citywide fueling needs.

These funds are allocated within the Internal Service Fund for Fleet Services and are fully budgeted and available to meet operational requirements.

ATTACHMENTS:

Attachment 1 - Riverside County's Fuel Delivery Service Contract APPROVAL(S):

Juan Raya, City Engineer Approved - 08 Jul 2025
Timothy Wassil, Public Works Director Approved - 08 Jul 2025 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2025 Ruby D. Walla, Director of Finance Approved - 09 Jul 2025 Bryan H. Montgomery, City Manager Approved - 09 Jul 2025

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RIVERSIDE COUNTY'S

FUEL DELIVERY SERVICE CONTRACT

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City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10507 approving the application for Land and Water Conservation Funding for the Indio Sports Park Phase II Project RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10507, approving the application for Land and Water Conservation Funding for Indio Sports Park Phase II; and authorize the City Manager to negotiate and execute all documents necessary for the project to receive grant funds.

SUMMARY:

This resolution will authorize the submission of an application for the federal Land and Water Conservation Fund (LWCF) assistance for Phase II of the Indio Sports Park project. It affirms the City's commitment to provide matching funds, adhere to federal and state guidelines, and ensure that any developed property will remain dedicated to public outdoor recreation use unless otherwise approved by the U.S. Secretary of the Interior. The resolution also designates the City Manager as the authorized agent to manage all aspects of the grant application and related project documentation.

BACKGROUND INFORMATION:

The City of Indio is pursuing a $6,000,000 grant through the Land and Water Conservation Fund (LWCF), administered by the California Department of Parks and Recreation, to support the development of Phase II of the Indio Sports Park. The LWCF program provides matching funds to support outdoor recreation projects that serve underserved communities and expand public park access. This grant would commit the City to match with $6,000,000 in secured local funds, bringing the total project cost to $12,000,000.

Phase II will develop 8.5 acres of currently vacant land adjacent to the 31-acre Phase I site, which is already under construction and expected to be completed by November 2025. Planned features for the Phase II application will include pickleball, tennis, basketball, and sand volleyball courts; a skatepark; an ADA-accessible splash pad and playgrounds; horseshoe pits; shaded picnic areas; and supportive amenities such as lighting, walkways, and parking. A concept layout is provided as Attachment 1. This expansion was shaped by community outreach and reflects priorities identified by residents during the development of the first phase, especially those in the adjacent Jewel neighborhood—a disadvantaged community with limited access to recreational facilities. A final list of amenities can be developed with continued community outreach and design, once we know how much money we will receive from the grant.

AGENDA ITEM #10.18
Resolution No. 10507, approving the application for Land and Water Conse... Page 708 of 1774 The proposed project directly supports LWCF priorities by expanding access to new parkland, creating multi-use recreational spaces for all age groups, and integrating health-oriented and environmentally sustainable design elements. Upon completion, the entire 39.5-acre Indio Sports Park will be placed under federal protection in perpetuity, as required by LWCF guidelines, ensuring it remains dedicated to public outdoor recreation. Approval of the resolution will also formally acknowledge the City’s commitment to preserving the Phase II project site as permanent open space for recreational use.

The City will secure its local match through future Capital Improvement Fund and Community Development Block Grant (CDBG) funding. If awarded, staff anticipates completion of final design in 2026 and construction by the end of 2028. Staff recommends City Council approval of the resolution authorizing submission of the LWCF grant application and appointment of the City Manager to execute all necessary documents.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$6,000,000 Strategic Objective: Public Infrastructure
Source of funds: CIP and CDBG Fund-Org-Object
Reference:

N/A
Additional Financial Details:

Approval of the resolution carries no immediate fiscal impact. If the City is successful in securing the LWCF grant, a reimbursement agreement reflecting the awarded funds will be brought before the City Council for formal approval. At that time, a comprehensive financial breakdown, including funding sources and project expenditures, will be presented as part of the approval process.

ATTACHMENTS:

Attachment 1 - Concept Layout of Indio Sports Park Phase II Attachment 2_Resolution 10507
APPROVAL(S):

Juan Raya, City Engineer Approved - 08 Jul 2025
Timothy Wassil, Public Works Director Approved - 08 Jul 2025 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2025 Ruby D. Walla, Director of Finance Approved - 10 Jul 2025 Bryan H. Montgomery, City Manager Approved - 10 Jul 2025

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Resolution No. 10507, approving the application for Land and Water Conse... Page 709 of 1774 ATTACHMENT 1

CONCEPT LAYOUT OF

INDIO SPORTS PARK PHASE II

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Resolution No. 10507, approving the application for Land and Water Conse... Page 710 of 1774 PTD S.D. CASH REGISTER COFFEE MAKER

CHEESE WARMER

HOT DOGS MICROWAVE
NACHO
STATION FRZ. REF. HDHD E E
PTD S.D. CASH REGISTER COFFEE MAKER

CHEESE WARMER

HOT DOGS MICROWAVE
NACHO
STATION FRZ. REF. HDHD 3 222 2 2 2 5 3 3 3 3 3 3 3 3 3 3 3 3 3 3 MARKET STREET AVENUE 44 TENNIS COURTS HORSE SHOE PITS BASKETBALL COURT PLAY EQUIPMENT PARKING LOT PARKING LOT SAND VOLLEYBALL COURTS PICKLEBALL COURTS SKATE PARK PARKING LOTFUTURE RECREATION FACILITY PHASE 1 PHASE 2 PROPERTY LINESPLASH PAD PICNIC SHELTER NOT A PART OF PHASE II SCOPE PARK SIGNAGE PARK SIGNAGE PHASE I - TO BE COMPLETED NOVEMBER 2025 TURF OPEN SPACE INDIO, CA 77-899 WOLF RD. PH. (760) 777-9131 FAX (760) 777-9132

PALM DESERT, CA
LIC# 2754, EXP 04/30/22 92211 HERMANN DESIGN ROUP SUITE 102 PHASE 2 INDIO SPORTS PARK

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Resolution No. 10507, approving the application for Land and Water Conse... Page 711 of 1774 ATTACHMENT 2
RESOLUTION 10507

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Resolution No. 10507, approving the application for Land and Water Conse... Page 712 of 1774 1 RESOLUTION NO. 10507

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER

CONSERVATION FUNDING FOR THE INDIO SPORTS PARK PHASE II

PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing APPLICATIONS by local agencies under the program; and WHEREAS, the APPLICANT certifies by resolution the approval of the APPLICATION and the availability of eligible MATCHING funds prior to submission of the APPLICATION to

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Approves the filing of an APPLICATION for Land and Water Conservation Fund assistance for the proposed INDIO SPORTS PARK PHASE II PROJECT;
Section 2. Certifies that the APPLICANT has reviewed, understands, and agrees to the General Provisions contained in the CONTRACT shown in the Grant Administration Guide; and
Section 3. Agrees to abide by 54 U.S.C. §200305(f)(3), which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if the Secretary finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as the Secretary deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
Section 4. Certifies that said agency has MATCHING funds from eligible source(s) and can finance 100 percent of the PROJECT, which up to half may be reimbursed; and

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Resolution No. 10507, approving the application for Land and Water Conse... Page 713 of 1774 2 Section 5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

Section 6. Appoints the City Manager as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including, but not limited to, APPLICATIONS, CONTRACTS, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned PROJECT.

PASSED, APPROVED AND ADOPTED this 16th day of July. 2025. ________________________________

GLENN MILLER, MAYOR
ATTEST:
______________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Page 7 of 7 ends

Resolution No. 10507, approving the application for Land and Water Conse... Page 714 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10510, approving the updated Interstate 10 Freeway Agreement between the City of Indio and the California Department of Transportation
RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 10510, approving the updated Interstate 10 Freeway Agreement between the City of Indio and the California Department of Transportation and authorize the Mayor to execute the agreement.

SUMMARY:

The California Department of Transportation (Caltrans) has updated the Freeway Agreement for Interstate 10 (I-10) through the City of Indio. Since the approval of the original Freeway Agreement in 1966, the City’s boundaries have changed. The revised Agreement includes an updated exhibit that accurately reflects the current City limits along I-10.

BACKGROUND INFORMATION:

The City approved the existing I-10 Freeway Agreement with Caltrans on August 19, 1966, to grant Caltrans the authority to construct I-10 through the City limits and adjust any existing local roads to accommodate the freeway.

The original agreement only included I-10 for the City limits between Monroe Street and Van Buren Street (which is in the same north/south alignment as Golf Center Parkway), referenced as I-10 Freeway Post Miles R54.8 to R57.1. Since this time the City has expanded its jurisdictional borders and the new agreement will accurately update the I-10 Freeway Post Miles to include the City limits from approximately 0.4 miles east of Washington Street and 0.7 miles east of Golf Center Parkway, referenced as I-10 Freeway Post Miles 50.9 to R57.6.

According to the agreement the CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A…” And as such, the Implications are:
 The City is formally consenting to street modifications specifically to accommodate the State’s freeway plans.

AGENDA ITEM #10.19
Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 715 of 1774  All modifications—street closures, relocations, or new construction—must align with the Caltrans’ freeway project design, as reflected in Exhibit A, which illustrates the State’s proposed plan for the freeway corridor through the City.  This ensures that local infrastructure changes will not interfere with, and will in fact support, the overall design and function of the Route 10 freeway improvements.

Other terms of the agreement have been updated to accommodate the fact that I-10 is now existing and any changes to the freeway or it’s local road connections will be made under separate Cooperative Agreements or Encroachment Permits, which has been the standard practice.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

The approval of Resolution 10510 to approve the new I-10 Freeway Agreement between the City and Caltrans will not have any financial impacts to the City.

ATTACHMENTS:

Attachment 1 - Resolution No. 10510
Attachment 2 - I-10 Freeway Agreement
APPROVAL(S):

Page 2 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 716 of 1774 ATTACHMENT 1
RESOLUTION NO. 10510

Page 3 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 717 of 1774 RESOLUTION NO. 10510

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, APPROVING THE FREEWAY AGREEMENT IN THE CITY OF INDIO ON ROUTE 10, 0.4 MILES EAST OF WASHINGTON STREET TO 0.7

MILES EAST OF GOLF CENTER PARKWAY, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT.

WHEREAS, State Highway Route 10, also referred to as Interstate 10, has been declared to be a freeway by Resolution of the California Highway Commission on July 22, 1953, and April 27, 1960, covering the limits described above, also referred to as 08-RIV-10-PM

50.9/R57.6; and
WHEREAS, the State of California (STATE) and the City of Indio (CITY) have entered into a Freeway Agreement dated August 19, 1966, relating to that portion of State Highway Route 10 between the West City Limit and the East City Limit of the CITY; and WHEREAS, the STATE and County of Riverside have entered into a Freeway Agreement dated January 31, 1984, relating to that portion of State Highway Route 10 between Thousand Palms and Coachella Canal; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by the Freeway Agreement dated January 31, 1984, within the County of Riverside; and
WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as if affect street of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. All of the recitals above are true and correct.

Section 2. The City approves the revised Freeway Agreement in the City of Indio, on Route 10, 0.4 miles east of Washington Street to 0.7 Miles east of Golf Center Parkway.

Section 3. The Mayor is authorized to execute the Freeway Agreement.

Section 4. This resolution shall take effect immediately upon its adoption.

Page 4 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 718 of 1774 PASSED, APPROVED AND ADOPTED this 16th day of July 2025. ________________________

GLENN MILLER, MAYOR
ATTEST:
_________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY

CLERK SERVICES

Page 5 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 719 of 1774 ATTACHMENT 2
I-10 FREEWAY AGREEMENT

Page 6 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 720 of 1774 08-RIV-10- PM 50.9/ R57.6
In The City of Indio, On Route 10

0.4 Miles East of Washington Street to

0.7 Miles East of Golf Center Parkway
1 FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this day of
, 20 , by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as “STATE”), and the CITY OF INDIO (herein referred to as “CITY”),
WITNESSETH:

WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on July 22, 1953 and April 27, 1960; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated August 19, 1966, relating to that portion of State Highway Route 10 between the West City Limit and the East City Limit of the City of Indio; and
WHEREAS, STATE and County of Riverside have entered into a Freeway Agreement dated January 31, 1984, relating to that portion of State Highway Route 10 between Thousand Palms and Coachella Canal; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such freeway covered by the Freeway Agreement dated January 31, 1984 with the County of Riverside; and
WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED:

1. This Agreement supersedes in its entirety said Freeway Agreement, dated August 19, 1966.

2. This Agreement supersedes that portion of said Freeway Agreement dated January 31, 1984 from 0.4 Miles East of Washington Street to 0.7 Miles East of Golf Center Parkway.

3. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto, marked Exhibit A, and made a part hereof by reference.

Page 7 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 721 of 1774 08-RIV-10- PM 50.9/ R57.6
In The City of Indio, On Route 10

0.4 Miles East of Washington Street to

0.7 Miles East of Golf Center Parkway
2 4. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A

5. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY streets, frontage roads, and other local streets will always be dealt with in separate Encroachment Permits issued to CITY.

6. It is understood between the parties that the rights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out as such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures.

7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local streets constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by STATE.

Page 8 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 722 of 1774 08-RIV-10- PM 50.9/ R57.6
In The City of Indio, On Route 10

0.4 Miles East of Washington Street to

0.7 Miles East of Golf Center Parkway
3 8. This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers.

STATE OF CALIFORNIA THE CITY OF INDIO
Department of Transportation
DINA A. EL-TAWANSY
Director of Transportation

By: By:

CATALINO A. PINING III GLENN MILLER
District 08 Director Mayor

APPROVED AS TO FORM: APPROVED AS TO FORM:

Attorney (State) Attorney (City)

Page 9 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 723 of 1774

EXHIBIT A

Page 10 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 724 of 1774

INDIO CITY LIMIT

BERMUDA
DUNES
CITY
LIMIT
JEFFERSON St
JEFFERSON St
INDIO
Blvd
MONROE St
JACKSON St
GOLF CENTER Pkwy
MILES
Ave
CLINTON St
FRED
WARING
Dr
VARNER
Rd
ADAMS St
CA-1
1 1

CITY LIMIT

BERMUDA DUNES

CITY LIMIT

PALM DESERT
08-RIV-10 PM 50.9/R57.6

MAP SHOWING

DEPARTMENT OF TRANSPORTATION

STATE OF CALIFORNIA

FREEWAY

IN THE CITY OF INDIO

EXHIBIT A

RIVERSIDE

COUNTY OF
ROUTE
10 LIMIT OF AGREEMENT

LIMIT OF AGREEMENT
ROUTE 10 PM R57.6
LEGEND
FREEWAY AND CONNECTIONSRECONSTRUCTED, OR RELOCATED.ROADS TO BE CONSTRUCTED, Ave
39 Ave
40 Ave
42 ROUTE 10 PM 50.9
IN RIVERSIDE CO. ON ROUTE 10 PM 50.9/R57.6
COUNTY
LINE

RIVERSIDE
CITY
LIMIT
INDIO

SEPARATION

CITY OF INDIO

COUNTY LINE

RIVERSIDE

INDIO CITY LIMIT
ROUTE
86 DILLON Rd
INDIO
CITY
LIMIT

SCALE IN FEET
0 1000 2000

CITY OF INDIO

WHITEWATER
RIVER
TO
CACTUS
CITY
TO

COACHELLA
UNION

PACIFIC

RAILROAD
3000
Pkwy

GOLF CENTER
TO
PALM

SPRINGS
DR

CARREON
Blvd
CALHOUN St
WAY

FIFTIES

COUNTRY
CLUB
Dr

CANYON WASH

THOUSAND PALM
VAN BUREN St
Ave
42 MONROE St
GORE St

COUNTRY
CLUB
Dr
Ave
45 CABAZON
Rd

INTERCHANGE

CENTER PARKWAY
STREET TO 0.7 MILES EAST OF GOLF
FROM 0.4 MILES EAST OF WASHINGTON
ON ROUTE 10
Ave
38 YUCCA Ln
LIMIT

INDIO CITY
LIMIT

DUNES CITY

BERMUDA
BURR St
ADAMS St
WASHINGTON St
STARLIGHT Ln

CALLE PAMPAS

CALLE PUEBLO
CELAYA

AVENIDA
Ave
41 CALHOUN St
CREST
Ave
KENNER
Ave

OLEANDER
Ave
SUN GOLD St
KING St
SMURR St
ARABIA St
OASIS St
Ave
46 MADISON St
Ave
42 Ave
42 Ave
43 TERRA
LAGO
Pkwy
HOPIAve
VERDE St
PALO
TOWNE St
MADISON St
Ave
48 KINGSTON
Dr
MADISON St
MAIN St
KING St
SMURR St
ADOBE
Rd
RUBY
Ave
AZTEC St

ISABELLA

AVENIDA
REQUA
Ave
JOHN
NOBLES
St
rD
RCLE
CI
E
MBRA
OS

ADINEVA
SORGAL
MI
LOS
NO
MI
CA
d
lv
B
TY
CI
SUN
ES
Dr
UN
D
DA
MU
ER
B
Ct
ED
RE
NEDL
GO
Dr
NKS
IL

CITY LIMIT

DESERT PALMS
ve
A

ENIWYDNARB
dR

AIRAM TROP
DARBY
Rd
LIMA HALL Rd

STARLIGHT
Ln
rD AOCARAB
Ave

CAMBRIDGE
rD SDN
SA

JAMAICA
A
ECIT
LL
VA
ONIMAC
JACKSON St
dvlB
A
ST
VI
GO
LA
ve
41 A
HOPEWELL Ave
St
MARKET
PALM St
Ave
42 dvlB BBEW
LED
St
SM
ADA
rD
SSALG
INDIO
CITY
LIMIT
LIMIT

COACHELLA
CITY

RIVERSIDE COUNTY LINE

COACHELLA CITY LIMIT

GOLF COURSE

EAGLE FALLS

Page 11 of 11 ends

Resolution No. 10510, approving the updated Interstate 10 Freeway Agreem... Page 725 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment 2 to the Professional Services Agreement with Harris & Associates in an amount not-to-exceed $135,220.61, for the Avenue 44 Bridge Project, City Project No. BR1101
RECOMMENDATION:

Staff recommends that the City Council approve Amendment 2 to the Professional Services Agreement with Harris & Associates in an amount not-to-exceed $135,220.61, for the Avenue 44 Bridge Project, City Project No. BR1101, and authorize the City Manager to execute the agreement.

SUMMARY:

The Avenue 44 Bridge Project is a vital infrastructure improvement that will replace a low water crossing with a new bridge, widen Avenue 44 from two to four lanes, and add bike lanes and sidewalks to enhance safety and multimodal access. To support construction and maintain compliance with the City’s Quality Assurance Plan, staff recommend approving Amendment 2 with Harris & Associates for $135,220.61, which reflects fair and reasonable costs for necessary additional services to keep the project on track for completion by summer 2026.

BACKGROUND INFORMATION:

In 2011, the City of Indio received federal funding from the Highway Bridge Program (HBP) to replace the existing low water crossing at Avenue 44 with a new bridge. In addition to the bridge, Avenue 44 will be widened from two to four lanes of traffic and will include Class II bike lanes and sidewalk from Palo Verde Street to Apache Street. The project will improve the multimodal access along CV Link by providing an undercrossing at Avenue 44 and more direct access along Avenue 44 to the Jewel Community and Indio Sports Park.

On July 17, 2024, the City Council approved a $3,371,700.35 agreement with Harris & Associates for construction management, inspection, and material testing services to ensure compliance with the City’s Quality Assurance Plan.

On April 16, 2025, the City approved Amendment 1 in the amount of $35,753.40 for additional services with Harris & Associates, to support the construction efforts including summarizing the environmental mitigation efforts performed each year throughout the duration of construction.

As construction has progressed, it has become apparent that the Project will require more material testing than originally anticipated due in part to construction resequencing that has increased the AGENDA ITEM #10.20
Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 726 of 1774 amount of onsite material testing and additional offsite material testing required by the project specifications.

An amendment is now needed to increase the agreement by $135,220.61 to cover the additional material testing. This amendment brings the total agreement amount to a not-to-exceed value of $3,542,674.36.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$135,220.61 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: CIP Improvements Non-Bldg. Fund-Org-Object Reference:
300-554002
Additional Financial Details:

Amendment 2 with Harris & Associates will exceed the currently available federal funding allocated for construction management services on the Avenue 44 Bridge Project. While the additional cost of $135,220.61 remains eligible for future reimbursement if the City secures additional federal funds, the City must front the cost in the interim.

To accommodate this, staff recommends a budget adjustment to reallocate $135,220.61 from unused FY25/26 funds in Project No. PK2304 – Miles Avenue Skate Park. This project currently has $1 million budgeted for design and construction; however, it is on hold while the City pursues grant funding to potentially incorporate the skate park into Phase 2 of the Indio Sports Park. Should the adjustment be approved, $864,779.39 would remain available for the Miles Skate Park project pending future grant outcomes.

ATTACHMENTS:

Attachment 1 - Project Location Map
Attachment 2 - Amendment 2 - Harris and Associates - Project No. BR1101 APPROVAL(S):

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Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 727 of 1774 ATTACHMENT 1

PROJECT LOCATION MAP

Page 3 of 17 ends

Page 4 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 729 of 1774 ATTACHMENT 2
Agreement Amendment #2

Page 5 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 730 of 1774 00091753.1
2ND AMENDMENT TO

AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF INDIO

A CALIFORNIA MUNICIPAL CORPORATION
AND
HARRIS & ASSOCIATES, INC.,

A CALIFORNIA CORPORATION
DATED: JULY 16, 2025
Form dated 3.2025

Page 6 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 731 of 1774 00091753.1 Page | 1
2ND AMENDMENT TO AGREEMENT
This Amendment to the Agreement named above is made and entered into as of this 16th day of July 2025, by and between the parties to the Agreement, City of Indio (“City”), a California municipal corporation, and Harris & Associates, Inc., (“Consultant”) a California Corporation, dated July 16, 2025 (Amendment No. 2). 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 “Professional Services Agreement” dated July 17, 2024, (“Agreement”) for the purpose of retaining services of Consultant to provide Construction Management and Inspection Services for the Avenue 44 Low Water Crossing Replacement at the Coachella Valley Storm Water Channel Project, City Project No. BR1101, Federal Project No. BRLKS-5275(024).

B. Pursuant to Section of the Agreement, the Parties desire to amend the Agreement to increase the not-to exceed compensation amount.

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. COMPENSATION. Section 4(a), second sentence of the Agreement hereby is amended to read as follows: The total compensation, including reimbursement for actual expenses, shall not exceed Three Million, Five Hundred Forty-Two Thousand, Six Hundred Seventy-Four Dollars and Thirty-Six Cents ($3,542,674.36).

Page 7 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 732 of 1774 00091753.1 Page | 2

2. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

3. INTEGRATION. This Amendment consists of pages 1 through 11, 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.

4. 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.

5. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

6. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

7. 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]

Page 8 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 733 of 1774 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.

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

CITY CLERK
By: ___________________________
Sabdi Sanchez, MMC
Director of City Clerk Services
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham Pacifico
City Attorney

CONSULTANT
HARRIS & ASSOCIATES, INC.

By:

Ehab Gerges
Principal-In-Charge

Page 9 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 734 of 1774 800 North Haven Avenue, Suite 390, Ontario, CA 91764  p: 800.827.4901  www.WeAreHarris.com July 1, 2025
Donn Uyeno, PE Joshua Nickerson, PE
Principal Civil Engineer Consulting Engineer
City of Indio – Public Works Department NAI Consulting
100 Civic Center Mall 68955 Adelina Road
Indio, CA 92201 Cathedral City, CA 92234
RE: Avenue 44 Bridge at the Coachella Valley Stormwater Channel City Project No: BR1101, Federal Project No. BRLKS-5275(024) Harris & Associates Construction Management Services
Budget Amendment #2 Request – Update 2
Dear Mr. Uyeno and Mr. Nickerson:

Thank you for your prompt review of our Updated Budget Amendment #2 Request; based on your comments we are submitting a second updated request to eliminate the additional 10% fixed fee profit related to the additional materials testing services associated with this request.

Included herewith is an updated Cost Proposal 10H1 Form for Leighton “Change Order #1” showing the additional effort that includes 580 hours (at $91,540.61 fully burdened cost) and additional ODCs of an additional 2,400 mileage reimbursement ($1,680) and $42,000 in additional laboratory testing budget for a total of $135,220.61. A summary list of future material testing based on the contractor’s construction schedule, and associated estimate of material testing costs is included.

Also included herewith is a revised Cost Proposal 10H1 Form for Leighton capturing the most recent Revision #3 adjustments for Leighton and incorporates the additional effort and ODC costs identified in its Change Order #1 cost proposal form for a revised total of $334,066.38 (or an increase of $135,220).

If you have any questions regarding the nature of our Budget Amendment #2 Request, please let us know at your earliest opportunity. We appreciate in advance the City’s expeditious consideration of this request, and appreciate the opportunity to continue partnering with the City on delivering this project.

Sincerely,
Marcus Fuller, PE, PLS, MPA Vijay K. Desai, PE
Project Manager Resident Engineer
760.217.3460 | [email protected] 949.402.5096 | [email protected] With copy to:

Project Files – CAT 5

Page 10 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 735 of 1774 Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant `
Project No. Contract No. Date

DIRECT LABOR
Hours
480
16 8
8 20
8 8
12 8
12 0
0 580 $ 58.27 $ 33,795.20

LABOR COSTS
(a) Subtotal Direct Labor Costs
(b) Anticipated Salary Increases (see page 2 for calculation) (c) Total Direct Labor Costs [(a) + (b)]

INDIRECT COSTS
(d) Fringe Benefits Rate 51.81% (e) Fringe Benefits [(c) x (d)] (f) Overhead & G&A Rate 0.00% (g) Overhead [(c) x (f)]
(h) General & Admin Rate 114.40% (i) Gen & Admin [(c) x (h)] (j) Total Indirect Costs [(e) + (g) + (i)]
FIXED FEE (k) Total Fixed Fee [(c) + (j)] x fixed fee 0% ] CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit
2400 LS
(See attached list) LS
(l) Total Other Direct Costs
SUBCONSULTANTS’ COSTS (Add additional pages if necessary) (m) Total Subconsultants' Costs
n) Total Other Direct Costs including Subconsultants [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
NOTES:
$ 89.63
Avi Schwartz
$ 1,792.60
$ 300.00
Associate Engineer / PM
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts $ 35.00
$ 525.12
$ 28,411.20
Stacy Weimer/Damian Anaya/Bo Flack $ 360.00
Admin Support
Joshua Ormonde
Actual Hourly Rate Total
Multiple Inspectors (Damian Anaya, etc.)
Roderick Marcia, PE
D. Meggers / V. Malu / F. Wong
$ 61.05
$ 35.10
$ 48.56
Total
$ 1,680.00
$ 34,386.62
(Design, Engineering and Environmental Studies)
$ -
Field and Source Inspectors
Sr. Satff Engineer/Geologist
Name
J. Santos/M. Thompson/Manuel Garcia/J. Bulskov/A. Chatigny/J. Aston Bashir Saiid, PE
Field Supervisor
Materials Engineer / SMR
$ 59.19
$ 65.64
C. McCoy / S. Motamedi $ 420.00
Unit Cost
$ 0.70
$ 45.00
Mileage Cost
$ 57,153.99
$ -
$ 39,338.29
$ 28.35 $ 340.20
Admin Support Dulce Hernandez $ 27.49 $ -
Admin Support Daara Abbasnia
Source Inspection

3. Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 1:

Subconsultant 2:
$ 42,000.00
$ -
$ 42,000.00
$ 135,220.61

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

Laboratory Testing - QA
$ 43,680.00
7/1/2025
Subconsultant 3:
$ 43,680.00
$ -
Description of Item
Admin Support
Source Inspection
$ 37.69
$ 33,795.20
$ 591.42
$ 17,815.71
Leighton Consulting
BRLKS-5275(024); BR1101
Classification/Title
Field Soils and Materials Testers
S. Proctor $ -
Exhibit 10-H1 Cost Proposal Page 1 of 3 Change Order #1 $ 37.50
$ 976.80
$ 280.80
$ 388.48
Page | 5

Page 11 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 736 of 1774

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly
Rate
= $58.27 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 + = $61.18
Year 2 + = $64.24
Year 3 + = $67.45
Year 4 + = $70.82

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
Per Year
Year 1 * = 377 Esimated Hours Year 1
Year 2 * = 203 Esimated Hours Year 2
Year 3 * = 0 Esimated Hours Year 3
Year 4 * = 0 Esimated Hours Year 4
Year 5 * = 0 Esimated Hours Year 5
Total = 580

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost per Year
Year 1 * = $21,966.88 Estimated Hours Year 1
Year 2 * = $12,419.74 Estimated Hours Year 2
Year 3 * = $0.00 Estimated Hours Year 3
Year 4 * = $0.00 Estimated Hours Year 4
Year 5 * = $0.00 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $34,386.62
Direct Labor Subtotal before Escalation = $33,795.20
Estimated Total of Direct Labor Salary Increase = $591.42 NOTES:

LEIGHTON COST PROPOSAL CHANGE ORDER #1
Actual Cost-Plus-Fixed Fee or lump sum (Firm Fixed Price) contracts (Design, Engineering and Environmental Studies)
$64.24
Total Hours per Cost
Proposal
580
Direct Labor Subtotal per
Cost Proposal
$33,795.20
$67.45 Year 5 Avg Hourly Rate
Estimated % Completed
Each Year
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
$58.27
$61.18
Total Hours per
Cost Proposal

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Avg Hourly Rate Proposed Escalation

5.0%

5.0%
$70.82 0
$67.45 0
580
Year 4 Avg Hourly Rate
Avg Hourly Rate (calculated
above)
$58.27
$61.18
$64.24
Estimated Hours (calculated
above)
377
203
0 100.0% Total

65.0%

35.0%
580
580
580
580
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Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 737 of 1774 Certification of Direct Costs:

1. 2.

3. 4.

5. 6.

Prime Consultant or Subconsultant Certifying:

Name: Title:*
Signature: Certification Date:

Email: Phone:

Address:

List services the consultant is providing under the proposed contract:

LEIGHTON COST PROPOSAL CHANGE ORDER #1
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

Generally Accepted Accounting Principles (GAAP)
Terms and conditions of the contract
Title 23 United States Code Section 112 - Letting of Contracts 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

QA material testing and Source Inspection (SIQMP preprared by others).

Simon Saiid
[email protected]
Department Leader
951-252-8013
7/1/2025
40495 Boardwalk, Suite V, Palm Desert, CA 92211
Page | 7

Page 13 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 738 of 1774 Description Schedule Total activity
Onsite
sampling
Batch Plant
sampling
Note
Bridge stem and soffit concrete pour
May 29th to July 08 2 pours
Yes Yes
Each pour would go over 500
CY
Install utility pipe supports - concrete July to Aug 2025 4 pours Yes Yes # 11 rebar coupler test at piers Sep 10th 2025 2 tests No Yes Bridge deck pour Sep 24 / 25 1 pour Yes Yes Pour over 500 CY Abutment backwall Oct 16 th 22nd 2 pours Yes Yes
Approach slab 11 Dec to 26th Dec 2 pours Yes Yes
Joint Seal pour Jan-26 1 pour Yes Yes
Bridge barrier railing and sidewalk 12 Feb to 17th Feb 2026 6 pours Yes Yes Roadway subgrade compaction test 29th Dec to 6 Jan 2026 6 tests Yes No Agreegate sugrade compaction test 7 Jan to 13th Jan 2026 5 tests Yes No HMA pavement compaction and sampling 12th Feb to 14th Feb 4 Tests Yes Yes Slope paving (east - west and GCS) 21 Nov 2025 to 21 April 2026 60 Pours Yes Yes CV link pathway Apr-26 2 pours Yes Yes
Ave. 44 Project : Estimate material sampling and testing Page |8

Page 14 of 17 ends

Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant `
Project No. Contract No. Date

DIRECT LABOR
Hours
1053.75
20 17
Avi Schwartz 14.25
117.5

16.5 16.75

24.25 8

26.5 1.5
1 1317 $ 60.11 $ 79,162.80

LABOR COSTS
(a) Subtotal Direct Labor Costs
(b) Anticipated Salary Increases (see page 2 for calculation) (c) Total Direct Labor Costs [(a) + (b)]

INDIRECT COSTS
(d) Fringe Benefits Rate 51.81% (e) Fringe Benefits [(c) x (d)] (f) Overhead & G&A Rate 0.00% (g) Overhead [(c) x (f)]
(h) General & Admin Rate 114.40% (i) Gen & Admin [(c) x (h)] (j) Total Indirect Costs [(e) + (g) + (i)]
FIXED FEE (k) Total Fixed Fee [(c) + (j)] x fixed fee 10% ] CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit
mileage @ IRS rate LS
1 LS
(See separate list) LS
1 LS
(l) Total Other Direct Costs
SUBCONSULTANTS’ COSTS (Add additional pages if necessary) (m) Total Subconsultants' Costs
n) Total Other Direct Costs including Subconsultants [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
NOTES:
$ 1,083.06
$ 62,371.46
Stacy Weimer/Damian Anaya/Bo Flack $ 360.00
Admin Support
Joshua Ormonde
Actual Hourly Rate Total
Multiple Inspectors (Damian Anaya, etc.)
Roderick Marcia, PE
D. Meggers / V. Malu / F. Wong
$ 61.05
$ 35.10
$ 48.56
$ 89.63 $ 10,531.53
$ 628.13
Associate Engineer / PM
Total
$ 5,460.00
$ 3,000.00
$ 80,417.06
(Design, Engineering and Environmental Studies)
$ 12,253.13
Exhibit 10-H1 Cost Proposal Page 1 of 3 REVISION #4
Field and Source Inspectors
Sr. Satff Engineer/Geologist
Name
J. Santos/M. Thompson/Manuel Garcia/J. Bulskov/A. Chatigny/J. Aston Bashir Saiid, PE
Field Supervisor
Materials Engineer / SMR
$ 59.19
$ 65.64
C. McCoy / S. Motamedi $ 848.75
$ 37.50
$ 1,221.00
$ 596.70
$ 691.98
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts $ 35.00
$ 28.35 $ 751.28
Admin Support Dulce Hernandez $ 27.49 $ 41.24
Admin Support Daara Abbasnia
Source Inspection S. Proctor $ 37.69
Field Soils and Materials Testers

3. Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 1:

Subconsultant 2:
$ 93,275.00
$ 6,000.00
$ -
$ 93,275.00
$ 6,000.00
$ 334,066.38

Laboratory Testing - QA
Laboratory Testing - Source Inpsection
Unit Cost
$ 5,460.00
$ 3,000.00
$ 45.00
Mileage Cost
Transportation - Source Inspection
$ 133,661.19
$ -
$ 91,997.11
$ 37.69
$ 79,162.80
$ 1,254.26
$ 41,664.08
$ 107,735.00
7/1/2025
Subconsultant 3:
$ 107,735.00
$ -
Description of Item
Leighton Consulting
Admin Support
Source Inspection
BRLKS-5275(024); BR1101
Classification/Title
Page | 9

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Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 740 of 1774

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly
Rate
= $60.11 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 + = $63.11
Year 2 + = $66.27
Year 3 + = $69.58
Year 4 + = $73.06

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
Per Year
Year 1 * = 899.66904 Esimated Hours Year 1
Year 2 * = 417.33096 Esimated Hours Year 2
Year 3 * = 0 Esimated Hours Year 3
Year 4 * = 0 Esimated Hours Year 4
Year 5 * = 0 Esimated Hours Year 5
Total = 1317

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost per Year
Year 1 * = $54,077.69 Estimated Hours Year 1
Year 2 * = $26,339.36 Estimated Hours Year 2
Year 3 * = $0.00 Estimated Hours Year 3
Year 4 * = $0.00 Estimated Hours Year 4
Year 5 * = $0.00 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $80,417.06
Direct Labor Subtotal before Escalation = $79,162.80
Estimated Total of Direct Labor Salary Increase = $1,254.26 NOTES:

SAMPLE COST PROPOSAL 1
Actual Cost-Plus-Fixed Fee or lump sum (Firm Fixed Price) contracts (Design, Engineering and Environmental Studies)
$66.27
Total Hours per Cost
Proposal
1317
Direct Labor Subtotal per
Cost Proposal
$79,162.80
$69.58 Year 5 Avg Hourly Rate
Estimated % Completed
Each Year
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
$60.11
$63.11
Total Hours per
Cost Proposal

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Avg Hourly Rate Proposed Escalation

5.0%

5.0%
$73.06 0
$69.58 0
1317
Year 4 Avg Hourly Rate
Avg Hourly Rate (calculated
above)
$60.11
$63.11
$66.27
Estimated Hours (calculated
above)
899.66904
417.33096
0 100.0% Total

68.3%

31.7%
1317
1317
1317
1317
Page | 10

Page 16 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 741 of 1774 Certification of Direct Costs:

1. 2.

3. 4.

5. 6.

Prime Consultant or Subconsultant Certifying:

Name: Title:*
Signature: Certification Date:

Email: Phone:

Address:

List services the consultant is providing under the proposed contract:

SAMPLE COST PROPOSAL 1
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

QA material testing and Source Inspection (SIQMP preprared by others).

Simon Saiid
[email protected]
Department Leader
951-252-8013
7/1/2025
40495 Boardwalk, Suite V, Palm Desert, CA 92211
Page | 11

Page 17 of 17 ends

Amendment 2 to the Professional Services Agreement with Harris & Associa... Page 742 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Approval of Final Parcel Map No. 38805 for The Coachella Valley Housing Coalition (JFM Villas), generally located on the southwest corner of Dr.

Carreon Boulevard and Van Buren Street
RECOMMENDATION:

Staff recommends that the City Council find that the Final Parcel Map conforms to all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance; approve the Final Parcel Map for The Coachella Valley Housing Coalition, Parcel Map No. 38805 (JFM Villas), generally located on the southwest corner of Dr. Carreon Boulevard and Van Buren Street; authorize the City Clerk to attest the approved Parcel Map upon completion of any technical corrections required by the City Engineer; and authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement and accept the Street and Survey Monument Improvement Bonds; authorize the City Manager to negotiate and make substantive changes to the Subdivision Improvement Agreement, if needed prior to execution.

SUMMARY:

The proposed subdivision for Parcel Map No. 38805 (JFM Villas) is generally located on the southwest corner of Dr. Carreon Boulevard and Van Buren Street and consists of subdividing 8.56 acres into 2 parcels. The Coachella Valley Housing Coalition has submitted the Subdivision Improvement Agreement along with Performance and Payment Bonds to guarantee the site improvements.

BACKGROUND INFORMATION:

On May 28, 2025, the Planning Commission approved Resolution No. 2114 approving Tentative Parcel Map No. 38805 and set certain conditions for the site improvements. The Coachella Valley Housing Coalition is required to comply with the conditions of approval contained in the resolution approving the tentative parcel map. The Coachella Valley Housing Coalition has executed the Subdivision Improvement Agreement and submitted the necessary Bonds to guarantee the completion of the site improvements.

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

FINANCIAL SUMMARY:

Current FY Financial $0 In current year budget: N/A
AGENDA ITEM #10.21
Approval of Final Parcel Map No. 38805 for The Coachella Valley Housing ... Page 743 of 1774 Impact:

Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

Final Parcel Map No. 38805 is not required to be annexed into the Public Safety Community Facilities District 2004-1.

ATTACHMENTS:

Attachment 1 - Vicinity Map
APPROVAL(S):

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Approval of Final Parcel Map No. 38805 for The Coachella Valley Housing ... Page 744 of 1774 $77$&+0(17
9,&,1,7<0$3

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Approval of Final Parcel Map No. 38805 for The Coachella Valley Housing ... Page 745 of 1774

Page 4 of 4 ends

Approval of Final Parcel Map No. 38805 for The Coachella Valley Housing ... Page 746 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Three-Year Agreement for Animal Control Field and Shelter Services with the County of Riverside from July 1, 2025 to June 30, 2028.

RECOMMENDATION:

Staff recommends that the City Council delegate City Manager to execute a three-year agreement from July 1, 2025 to June 30, 2028 with the County of Riverside for Animal Control Field and Shelter Services in a form approved by the City Attorney.

SUMMARY:

Although the City Council reviewed and approved a one year agreement with the County of Riverside for Animal Control Field and Shelter Services during the June 18, 2025 meeting, the County recently informed City staff that the contract term must be three years. The County has stated that they are working on three year contracts will all 16 contract cities to keep consistency, service stability to enhance live-outcomes, continuity to bring on additional staff, and provide a three-year phase in on rate increases.

BACKGROUND INFORMATION:

During the June 18, 2025 City Council meeting, the City Council reviewed the proposed agreement with Riverside County Department of Animal Services (RCDAS) for local animal services. The City Council shared concerns about the rising costs of services and feedback that they have heard throughout the community about field services provided by County Animal Control Officers (ACO) and have requested additional details and reports from RCDAS. The City Council provided direction to City Staff to enter into a one-year agreement with RCDAS and to provide a detailed report on service levels in November or December 2025 to determine appropriate animal care services levels for the following years.

Subsequently, City staff contacted RCDAS to finalize the agreement for one-year as directed by City Council, but the County stated that the contract must be a three-year term. The County further shared that a shorter contract term would be challenging because they are working on three year contracts will all 16 contract cities to keep consistency, service stability to enhance live-outcomes, continuity to bring on additional staff, and provide a three-year phase in on rate increases.

As previously shared, RCDAS has proposed a three-year service agreement as follows:

Shelter Services
AGENDA ITEM #10.22
Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 747 of 1774 The shelter services component of the contract proposes some modifications to continue to improve live outcomes and enhance life savings programs countywide through:

1. An increase in animal care staff.

2. Enhanced adoption and foster teams.

3. Intake to placement program support.

4. Media/marketing team expansion.

In order to achieve these goals, the County has proposed an additional 38 positions equating to approximately a $4,565,425 annual cost increase countywide. The new staff include 23 Animal Services Counselors, 4 Senior Animal Services Counselors, 3 Analyst, 6 Supervisors, 1 Public Information/Media Specialist, and 1 Manager.

The cost increase of the countywide shelter services adjustment would be shared by all 16 cities and county unincorporated areas that are serviced by RCDAS. Additionally, the County hired a consultant to evaluate the cost of providing services and there is a recommendation to adjust baseline shelter costs between all agencies. The additional staff and the adjustment of baseline shelter cost increases City of Indio’s proportional share of the annual cost by approximately $351,841.

The County has proposed phasing in the additional shelter services cost over a three-year period as follows:

Shelter Services for City of Indio
FY 24-25 FY 25-26 FY 26-27 FY 27-28
$399,998 $458,638 $634,558 $751,839
Field Services
RCDAS currently charges the City of Indio the cost of three full-time Animal Control Officers (ACO) that are scheduled to provide services 7 days per week from 7:30 am to 5:30 p.m. Additionally, any overtime that an ACO works is charged at a rate of 1.5 per hour. RCDAS has proposed the following base rates for the three full-time ACOs over the next three years, plus the cost of any actual overtime worked:

Field Services (Animal Care Officers) for City of Indio Fiscal Year FY 24-25 FY 25-26 FY 26-27 FY 27-28
7 Days / week $860,371 $881,881 $948,559 $995,987
*5 Days / week $587,921 $632,373 $663,991
*Weekend responses would be based on availability & at an Overtime Rate.

Total Cost for County Animal Services:

Fiscal Year FY-24-25 FY 25-26 FY 26-27 FY 27-28
Shelter Service $399,998 $458,638 $634,558 $751,839
Field Service (7 Day) $860,371 $881,881 $948,559 $995,987

Page 2 of 48 ends

Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 748 of 1774 Total $1,260,369 $1,340,519 $1,583,117 $1,747,826
Attachments:

1. Proposed Draft Agreement from RCDAS

2. Proposed 3 year Rate Sheet
FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,340,519 In current year budget: Yes
Current FY General
Fund Impact:
$1,340,519 Budget adjustment: No
Next FY Financial
Impact:

Strategic Objective: Community Well-being
Source of funds: General Fund Fund-Org-Object
Reference:
1011181 521068
ATTACHMENTS:

Indio Phase in Rates
Riverside Cities Contract Template 2025 (UPDATED REDLINE 6.17.25) APPROVAL(S):

Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jul 2025 Ruby D. Walla, Director of Finance Approved - 09 Jul 2025 Bryan H. Montgomery, City Manager Approved - 09 Jul 2025

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Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 749 of 1774 Category
Current
Charges
Annual
Adjustment
7/1/25
thru
12/31/25
1/1/26
thru
6/30/26
7/1/25
thru
6/30/26
Percentage
Increase
7/1/26
thru
6/30/27
Percentage
Increase
7/1/27
thru
6/30/28
Percentage
Increase
Shelter 399,998 117,280 199,999 258,639 458,638 14.66% 634,558 58.64% 751,839 87.96% Field 860,371 0 430,186 451,695 881,881 2.50% 948,559 10.25% 995,987 15.76% Total Charges 1,260,369 117,280 630,185 710,334 1,340,519 1,583,117.25 1,747,826.21 NOTES:

Annual adjustment will only be charged for the last 6 months of FY 25/26, a 50% reduction in FY 25/26 increase.

First six months of FY 25/26 will be based on current new rates metholdology.

Last two years increase is based on full charge from FY25/26 new rates methodology City currently contracts for 3 Animal Control Officers
Any Overtime for ACO's will be chared at 1.5 per hourly charges.

City of Indio
3 year Rate sheet
Sheltering charges to increase by 87.96% at end of three-year period Year One Rates Year Two Year Three

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AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE

CITY OF XXXXX AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into as of July 1, 2025, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and the CITY OF XXXXXX, a XXXX Law City (“CITY”), together known as the “parties”, and individually as a “party”.

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purpose of safeguarding the health and safety of the CITY’S population and the health and safety of its domestic animals pursuant to the provision of field and animal sheltering services, and described in this Agreement;
WHEREAS, CITY desires to promote the humane treatment of animals and remains a committed partner with the COUNTY; and
WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter this Agreement with CITY for the provision of such services, subject to the terms and conditions for compensation as set forth herein.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the parties mutually agree as follows:

SECTION I. OBLIGATION OF PARTIES
A. RECITALS:
l. The aforementioned Recitals are true and correct and incorporated herein by this reference.

B. COUNTY Obligations:

1. COUNTY shall provide field and shelter services within the corporate limits of CITY as outlined in EXHIBITS A and B, attached hereto and incorporated herein by this reference, and more specifically as selected by CITY in ATTACHMENT A, attached hereto and incorporated herein by this reference.

C. CITY Obligations:

1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in ATTACHMENTS A and B, using the Rates Methodology as set forth in ATTACHMENT C of this Agreement.

2. In order to harmonize the terms of this Agreement with the provisions of the CITY’s municipal code and for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following the Effective Date of

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this Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

3. CITY shall agree to providing contract required clinics with COUNTY pursuant to ATTACHMENT A.

SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2025, and shall terminate on June 30, 202X, unless terminated earlier as provided herein under SECTION IX of this agreement.

SECTION III. PERFORMANCE OF CONTRACT
A. In performing services under the Agreement, COUNTY will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

B. Nothing in the Agreement prohibits CITY from providing, at CITY’s expense, additional resources for the COUNTY to utilize in its performance of the services.

C. Any use of special supplies, stationery, notices, or forms, other than standard COUNTY format, must be approved by the Director of the Department, or their designee, and supplied by CITY at its own cost.

D. If requested, the COUNTY will make its best efforts to attend one in-person meeting with CITY, up to three-hour duration per quarter at no charge to the CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of the COUNTY’s contract management staff's time at meetings requested by CITY. Due to the lack of availability of meeting space in COUNTY facilities, the CITY will provide a mutually agreed upon meeting space and location, or virtual meeting link, for virtual meetings.

E. If requested, the COUNTY will make its best efforts to coordinate a virtual meeting once per month at no charge to CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. The CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of COUNTY representatives’ time at meetings requested by the CITY.

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F. If requested, COUNTY will make its best efforts to send representatives to the CITY’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the COUNTY is needed. The COUNTY will only attend these meetings to the extent that resources and capacity will allow.

G. The COUNTY will make available upon request, at no charge to the CITY, the reports pursuant to EXHIBIT B, at the intervals indicated in that attachment. For any additional reports that are not included in EXHIBIT B, or those requested at more frequent intervals, the COUNTY will account for the hours of staff time required to produce the reports. The COUNTY will provide, at no charge to the CITY, up to 12 hours of staff time annually for any additional requested reports. The CITY will be responsible for any excess hours at the current billing rate for staff time as listed in ATTACHMENT B.

SECTION IV. ADMINISTRATION OF PERSONNEL
A. The COUNTY will control all aspects of the services provided by the COUNTY including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

B. In the event of a dispute between the parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the CITY will be consulted and an agreement between the parties attempted. Each party must employ good-faith and best efforts to reach an agreement. If an agreement cannot be reached, the COUNTY will make the final and conclusive determination of the dispute.

C. All CITY employees who work with the COUNTY under the Agreement will remain employees of the CITY and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the COUNTY. No CITY employee will become an employee of the COUNTY unless by specific additional agreement which must be concurrently adopted by the CITY and COUNTY. Except as otherwise specifically set forth in the Agreement or in the attached Service Request in ATTACHMENT A, to the extent the COUNTY provides the CITY with animal licensing services, neither the CITY employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the COUNTY for services performed by employees of the COUNTY. The CITY shall distribute educational and outreach materials, reviewed and agreed upon by both the COUNTY and the CITY, as requested by the COUNTY.

D. For the purposes of performing services under the Agreement, and only for the purpose of giving authority for COUNTY staff to provide these services, every COUNTY officer and/or employee engaged in performing any service will be deemed to be a contracted officer while performing service for the CITY, provided the service is within the scope of the Agreement.

E. The CITY will not assume any liability for the direct payment of salaries, wages, or other

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compensation to COUNTY personnel performing services under the Agreement. Except as described under SECTION VI, the CITY will not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment while providing services under the Agreement.

SECTION V. DEPLOYMENT OF PERSONNEL
A. The COUNTY will determine the minimum required field personnel required to provide the services requested by the CITY.

B. The CITY agrees to complete ATTACHMENT A, specifying the service to be provided, which will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the Service Level Request (“SLR”), such dispute will be handled in accordance with SECTION IV(B) of this Agreement.

C. The COUNTY will issue annual notifications of any change to the billing rate as stated in SECTION XVIII. Unless the CITY changes other provisions within the most recently executed SLR, it is not necessary to execute a revised service request to reflect a billing rate change.

D. The CITY may at any time request a change in the level of service by completing a revised service request and submitting the form to the COUNTY. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined in the sole discretion of the COUNTY.

The CITY is only required to submit a new service request if it wishes to revise its current services or update information listed on its existing service request. The COUNTY reserves the right to approve or disapprove requests on the service request in accordance with SECTION IV of this Agreement.

E. Regarding updates to contact information, the CITY is not required to submit a new service request. Email confirmation from the CITY will suffice, and the COUNTY will update the CITY's existing service request and share the revised copy with the CITY.

F. The CITY is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The COUNTY reserves the right to determine, in its sole discretion, whether the COUNTY can provide requested services not otherwise specified in this Agreement.

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SECTION VI. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. The CITY’s obligation to defend, indemnify and hold COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY with the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

C. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement.

COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

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D. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

E. The specified insurance limits required in this Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless CITY herein from third party claims.

F. This SECTION VI shall survive the termination of this Agreement.

SECTION VII. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the term of this Agreement:

A. Workers’ Compensation:

COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employer Liability (Coverage B) including Occupational Disease with limits of not less than $1,000,000 per person per accident.

B. Commercial General Liability:

COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY’s performance of its obligations hereunder.

This coverage shall have a limit of liability not less than $1,000,000 per occurrence combined single limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.

SECTION VIII. RESERVED
RESERVED.

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SECTION IX. TERMINATION
A. Either party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other party stating the extent and effective date of termination.

B. If a six (6) month notice of termination is served on the other party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.

C. In the event of termination, both parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, except for SECTION VI, each party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the CITY will remain responsible for payment to the COUNTY for any services provided under this Agreement prior to the termination date.

SECTION X. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, pandemics, or other similar acts, such party shall not be held liable for such failure to comply.

SECTION XI. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY Council. Any amendments will be presented to CITY’s CITY Manager, or designee, prior to CITY’s CITY Council approval.

This Agreement, including any attachments, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

Except for changes to a CITY’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or their designee, and an authorized representative of the CITY. The only exception to this requirement applies to updates to the CITY's contact information, which may be made through simple email confirmation from the CITY.

SECTION XII. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if

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any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.

SECTION XIII. NO THIRD-PARTY BENEFICIARIES
This Agreement between the parties is intended for the mutual benefit of the two signing parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.

SECTION XIV. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

SECTION XV. DISPUTE RESOLUTION AND VENUE
A. The parties shall attempt to resolve any disputes amicably at a working level as set forth in SECTION IV(B). If that is not successful, the dispute shall be referred to the senior management of the parties.

B. Prior to filing any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any and all provisions of law providing for a change of venue to another location.

SECTION XVI. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the parties without the prior written consent of the other Party. CITY and COUNTY hereby agree with the full performance of the covenants contained herein.

SECTION XVII. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s CITY Manager, or designated representative.

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SECTION XVIII. CONTRACT SUM
The CITY will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the COUNTY and set forth in the current ATTACHMENT B.

The rates indicated in the ATTACHMENT B form will be readjusted by the COUNTY annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the COUNTY.

The CITY will be billed based on the current service level described in the latest ATTACHMENT A, FISCAL YEAR 25/26-XX SERVICE REQUEST FOR THE CITY OF XXXXX.

The cost of any additional services requested and provided under the Agreement and not set forth in ATTACHMENT B will be determined by the COUNTY in accordance with the policies and procedures established by the COUNTY.

SECTION XIX. PAYMENT PROCEDURES
The COUNTY, through the Department of Animal Services, will submit a summary invoice covering all services performed quarterly to the CITY within ten (10) calendar days after the closing of each quarter. The CITY will pay the COUNTY for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

If payment is not delivered to the COUNTY office described on the invoice within sixty (60) days after the date of the invoice, the COUNTY is entitled to recover interest on the unpaid amount at the rate specified below in this Section XIX.

For all disputed amounts, the CITY will provide the COUNTY with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. The parties will confirm the resolution of the dispute in writing.

For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.

Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

SECTION XX. NOTICES
Each Party shall designate a Primary Contact, as identified in ATTACHMENT A, Service Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and in

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ATTACHMENT A and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid.

Notices to the County of Riverside must be addressed as follows:

COUNTY
County of Riverside Department of Services Director
6851 Van Buren Boulevard
Jurupa Valley, CA 92509
Notices to the CITY must be addressed to the contact person listed on the most recent SLR on file and/or the current CITY Official or CITY Manager.

SECTION XXI. DEFINITIONS
A. “Altered or Unaltered” An Altered animal has undergone a surgical sterilization procedure, spay (female) or neuter (male) for dogs or cats and is incapable of reproduction. An Unaltered animal has not been sterilized.

B. “Available” means an animal eight (8) weeks of age or older that at the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future.

C. “Care” includes, but is not limited, to providing necessary and prompt veterinary care, adequate nutrition and water, shelter, and humane treatment, or transfer of animal to the appropriate agency as defined in Civil Code 1834 and 1846.

D. “Euthanasia” is a non-preferred option and is to be used as a last resort when deemed there is no other outcome for an animal. When the decision has been made to euthanize it is done with the highest degree of respect, and with an emphasis on making the euthanasia process as painless and distress free as possible. Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and cannot be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption.

Except as provided in Food and Agricultural Code, subdivision (b), Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. Further:
i. Only euthanasia methods approved by the Association of Shelter Veterinarians shall be used.

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ii. Pre-euthanasia sedation or anesthesia shall be provided in the professional judgment of the veterinarian conducting or providing oversight. The interests of the animal will be given equal consideration whether the animal is individually owned or not, regarding providing pre-euthanasia sedation or anesthesia. iii. The COUNTY will provide ongoing professional training on the latest methods and material available for euthanasia and effective management of compassion fatigue for all personnel as described within, but not limited to, the American Veterinary Medical Association’s Guidelines for the Euthanasia of Animals. iv. The COUNTY will conduct euthanasia in areas that are isolated from other activities, where possible, to minimize stress on animals and to provide staff with a professional and dedicated work area and incorporate the recommendations for a well-designed euthanasia space as recommended by the American Veterinary Medical Association.
v. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found, method of euthanasia, and reason for use of method.

E. “Healthy” means and include all dogs and cats eight weeks of age or older that, at or subsequent to the time the animal is taken into possession, have manifested no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, a congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future.

F. "Impounded." Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.

G. “Potentially Dangerous” Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals.

H. "Substantial injury" means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

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I. “Dangerous” Any animal which has twice within a forty-eight (48) month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury; Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.

J. “Vicious” means any animal which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal. Any animal previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.

SECTION XXII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the attachments and schedules hereto.

SECTION XXIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all Parties.

SECTION XXIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any party of any breach or violation by another party of any provision of this Agreement or of any right or remedy permitted the waiving party in this Agreement (n) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies.

SECTION XXV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each

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party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another party to this Agreement.

SECTION XXVI. RESERVED.

SECTION XXVII. AUTHORIZATION WARRANTY
A. The CITY represents and warrants that the person executing the Agreement for the CITY is an authorized agent who has actual authority to bind the CITY to each term, condition, and obligation of the Agreement and that all requirements of the CITY have been fulfilled to provide such actual authority.

B. The COUNTY represents and warrants that the person executing the Agreement for the COUNTY is an authorized agent who has actual authority to bind the COUNTY to each term, condition, and obligation of the Agreement and that all requirements of the COUNTY have been fulfilled to provide such actual authority.

SECTION XXVIII. COOPERATION, FURTHER ACT
The parties shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
(Signature Provisions on Following Page]

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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY:

County of Riverside, on behalf of its
Department of Animal Services, a political
subdivision of the State of California
_______________________________
V. Manuel Perez, Chair
Board of Supervisors
Date:__________________________
CITY:
[ADD CITY], a XXXXXX city
_____________________________
Mayor or City Manager
Date:__________________________
ATTEST:

Kimberly Rector
Clerk of the Board
By:____________________________
ATTEST:

By:____________________________
City Clerk
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel
APPROVED AS TO FORM:

City Attorney
By:____________________________

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9 COUNTY OF RIVERSIDE

DEPARTMENT OF ANIMAL SERVICES

DESCRIPTION OF STANDARD FIELD SERVICES

EXHIBIT A
At the election of the CITY the County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the CITY of XXXXX (“CITY”):

A. PROVISION OF FIELD SERVICES
The COUNTY will provide the services set forth below in accordance with regulations and provisions, found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), except as otherwise agreed to by the Parties in ATTACHMENT B, Service Request.

The COUNTY will inform the CITY of any proposed changes to Ordinance Nos. 534, 560, 630, 716, 771, and 878 with as much advance notice as practical, with the intention of providing the CITY with an opportunity to submit input to the COUNTY and the COUNTY related to the proposed changes. The COUNTY will notify the CITY of the passage of any change to Ordinance Nos. 534, 560, 630, 716, 771, and 878 by the County Board of Supervisors as soon as practical.

The COUNTY will provide the minimum required animal control resources and services for the CITY based on an average number of calls for service. Services consist of COUNTY personnel performing a variety of tasks utilizing appropriate equipment. The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1. Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below.

2. Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code.

3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations.

4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reposed bites by dogs, cats, or by suspected rabid or wild animals. COUNTY will interview bite victims to the extent possible. COUNTY shall only be responsible

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9 for administrative proceedings resulting therefrom.

5. Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy. Shelter quarantine will be at the discretion of the COUNTY.

6. Stray and Barking Animal (Nuisance) Complaints:Respond to and process nuisance complaints, including stray and barking animal complaints. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

7. Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means.

8. Return of Animals in the Field: Field personnel, including officers employed by CITY, shall make a best effort to return any lost/stray animal impounded in the field to the rightful owner. Best effort includes but is not limited to:
i. Checking for identification
ii. Scanning the animals for a microchip
iii. Canvassing the area to attempt to find the owner
iv. Equipment necessary to fix common problems such as broken fences with permission from the resident
v. Post a minimum of three signs

9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’s municipal codes and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.

10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.

12. Field Services Related to Canine Licenses: The COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the

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9 officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code.

13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, sick, injured, or part of an animal cruelty or animal bite case.

14. COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation, and preparing materials for prosecution.

15. COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, owner surrender assistance programs, responsible pet ownership, adoption programs and other activities to reduce impounds and increase live outcomes. CITY will provide x vaccine clinic(s) at no charge to the resident, and x spay/neuter clinic(s) at no charge to the resident per quarter, at CITY’S expense. CITY may decide to hire COUNTY to provide this service, if available, or seek a separate vendor.

16. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it is related to rescue, response and recovery efforts.

B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY’s animals at the XXXXXX, or other COUNTY operated shelter at the COUNTY’s discretion, as set forth in EXHIBIT B.

C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. The COUNTY shall fuel and maintain said vehicles.

D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twentyfour (24) hours if an impounded animal is missing or suspected of having been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

E. PRIORITY OF FIELD SERVICES
a. “Services” are those enforcement activities rendered by COUNTY pursuant to COUNTY Ordinance and/or the relevant sections of CITY’s municipal code, as

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9 indicated in ATTACHMENT B and related State law and are assembled for into two categories: emergency and non-emergency.
b. “Priority Ranking” refers to the order of priority with which a call will be handled.

All calls will go directly to the dispatcher or assigned clerical staff for a relay to the Animal Control Officer. If a call is exceptional,” as set forth in Section F below, it shall be referred to the supervisor for evaluation and response. c. The following definitions of “Regular Service Hours”, “Limited-Service Hours”, and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided.
d. "Regular-Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
e. "Limited-Services Hours” are the between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. f. “Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day.
g. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited-Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited-Service Periods which are of an urgent nature pursuant to this ATTACHMENT A, Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.
h. The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited-Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined herein. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited-Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days.

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9 i. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during LimitedService Hours that are not of an urgent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with EXHIBIT A.
j. Calls Considered Emergencies to be Handled Without Delay:

1. Animals endangering the health or safety of the community

2. Police Department requests for service

3. Sick or injured stray animals

4. Animals in distress

5. Humane investigations that are life threatening. (Depending on immediate circumstances)
k. Calls Considered Non-Emergency to be Handled during Regular Service Hours:

1. Pick-up confined, healthy- not sick or injured, stray-animals

2. Dead animal removal

3. Quarantine investigations

4. Leash law enforcement

5. Nuisance animal investigations

6. Permit investigations
F. EXCEPTIONS
The Director of the Department of Animal Services, or their designee, may, on a case-bycase basis, authorize variations of priority when circumstances require.

G. LICENSE FEES (Riverside COUNTY Ordinance No. 630, Section 2 - MANDATORY

DOG LICENSING AND VACCINATION)
Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded

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9 into COUNTY’s database after the data has been reviewed for inconsistencies. Reminders of licensing requirements shall be automatically generated and emailed or mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include on the COUNTY’s website www.rcdas.org or in person at a COUNTY shelter location. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY owners can verify the status of their animal’s license by telephone or going to https://riversidecounty.docupet.com.

I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain eleven dollars and thirty-five cents ($11.35) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY monthly and the COUNTY shall credit the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in ATTACHMENT B, Billing Rates. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database.

J. SERVICE PLANS
CITY may elect one of two service plans for field services provided by the COUNTY. (ATTACHMENT A)

1. Standard Service Plan
The Standard Service Plan provides the number of Animal Control Officers, as determined by the County, to allow for the provision of field services to the CITY five (5) days/week – Monday through Friday- Nine (9) hrs./day – between the hours of 7:30am-5:00pm, with dispatching and after-hours emergency service 24 hours per day, seven days per week.

2. Extended Service Plan
The Extended Service Plan provides the number of Animal Control Officers to allow for providing field services to the CITY seven (7) days/week – Monday through Sunday – nine (9) hrs./day - between the hours of 7:30am-5:00pm, as indicated by the CITY in ATTACHMENT A, dispatching and after-hours emergency service 24 hours per day, seven days per week.

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9 COUNTY OF RIVERSIDE

DEPARTMENT OF ANIMAL SERVICES

DESCRIPTION OF STANDARD SHELTER SERVICES

EXHIBIT B
At the election of the CITY, the County of Riverside, on behalf of its Department of Animal Services (“COUNTY"), agrees to provide the following Animal Shelter Services for the CITY of XXXX (“CITY”).

A. PROVISION OF SHELTER SERVICES
All COUNTY shelters are open admission shelters and are required to accept all stray or abandoned animals from the COUNTY’s area(s) of responsibility. The COUNTY maintains four (4) animal care shelters that accept stray or abandoned animals. The COUNTY also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or abandoned animals are held for an initial period to give an owner the opportunity to reclaim them. Owner-relinquished animals are held for an initial period prior to requested euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended to reunite the animal with an identified owner or for other reasons.

The COUNTY is committed to providing appropriate and safe housing for all animals accepted into the COUNTY’S care. The COUNTY is required by law to provide necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Medical care may be provided by COUNTY staff or, at COUNTY’S sole discretion, outsourced to a contracted veterinarian.

B. COUNTY ANIMAL SHELTER

1. All animals collected in the field within the boundaries of the CITY or determined to have originated from within the boundaries of the CITY may be housed at a COUNTY animal shelter. Admitted animals will be vaccinated, microchipped, and provided necessary and prompt medical care, food, water, and shelter. The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal shelter to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.

2. The COUNTY will make reasonable attempts to house animals from the CITY at the animal shelter closest to the CITY. The nearest animal shelter to the CITY will be designated as the primary animal shelter. There may be circumstances in which the Department will house animals collected from the CITY at an alternate location.

3. The COUNTY shall be responsible for the operation and maintenance of the COUNTY shelters and the care of the animals.

4. The COUNTY shall maintain hours of operation at the Shelter to provide maximum

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9 public access to the animals, to the extent possible.

C. STANDARD SHELTER SERVICES
Riverside County Animal Services shelters shall include the following activities and services:

1. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.

2. Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care.

3. Holding stray animals and attempting to reunite them with their owners.

4. Assisting pet owners with alternatives to relinquishment by connecting them with resources for pet retention. Accepting unwanted animals surrendered by their owners if there is no other alternative.

5. Making the best efforts to find new adoptive homes for domestic animals and livestock.

6. Quarantine and observation of animals for rabies and/or at the direction of the Department of Public Health.

7. Working with wildlife rehabilitators to rescue sick and injured wildlife.

8. Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters.

9. Holding animals that are the subject of criminal investigations or other legal or administrative proceedings.

10. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals.

11. Provide necessary and prompt veterinary care.

12. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing each animal that is euthanized and the reasons for such euthanasia.

13. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations.

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9 14. Filing annual reports to the State of California as required by law.

15. Proper disposal of dead animals at the rate as set forth in ATTACHMENT B, Payment Provisions.

16. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes.

17. Maintaining regular hours of operation for the public.

D. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY will provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the animal shelter services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise own identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and is unable to be placed through

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9 adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption.

Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal and shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid or involved in a bite investigation.

9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

10. Animals Surrendered by their Owners: Owner surrenders will be impounded on a case-by-case basis. Pet Support or pet retention programs will be offered to assist the owner with keeping their pet. CITY shall direct their constituents to consult with COUNTY to surrender their pet. CITY shall not accept owner surrenders in the field prior to the constituent consulting with the COUNTY.

12. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild.

COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

13. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

14. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags, tattoos, and scanned for microchips by qualified Shelter staff within one (1) hour of arrival at the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter.

Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers to reunite animals in the field.

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9 15. Incoming Animal Examinations/Assessments: Examinations of impounded animals shall be performed within twelve (12) hours, except during LimitedService Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessments shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Microchip administered if none found
g. Establish unique identifier for the animal
h. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an
examination/assessment has been performed.

16. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

17. Adoption: Animal identified as being available for adoption shall be up for adoption in the shelter or off-site locations or by posting online.

18. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F & A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F & A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

19. Microchipping: In accordance with F & A Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

18. Community Adoption Partners: COUNTY shall comply with F & A Code Sections 17006, 31108, and 31752 that provide (subject to Section 17006) that a

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9 stray dog or cat that is impounded shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue, or adoption organization if requested by the organization before the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with an animal rescue or adoption organization.

The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to the required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.

19. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

20. Community Cat Program (“CCP”): CCP COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once the cat has recovered, it will be returned to place of origin.

21. Drue Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (“DEA”) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

22. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staff shall include all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities.

Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

23. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

24. CITY Access: COUNTY shall provide access to the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

25. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first

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9 pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

26. R.E.A.R.S.: REARS is the system that has been developed to perform animal rescue, evacuation, sheltering, care and welfare of domestic and livestock animals within Riverside County during times of disaster or extraordinary emergencies.

The REARS Team is dedicated to carrying out the operational tasks of rescuing, evacuating, sheltering and caring for animals during emergencies and is made up of local government animal welfare staff and volunteers trained in animal rescue and emergency animal care. This cadre of trained individuals is supervised, during incidents, by Riverside County Department of Animal Services management staff.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. Pet Support Services Program: The COUNTY's Pet Support Program services are activities that go beyond providing housing for dogs and cats and have the effect of keeping pets out of the Shelters and in homes and healthy environments.

This strategy allows the COUNTY to manage and reduce the flow of both owned pets and stray animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the COUNTY’s pet support services staff provides counseling to pet owners or connects them with resources such as free pet food and supplies, medical vouchers, and other critical resources all intended to help keep pets with their families. This human/pet assistance program is funded almost entirely through donations and grants received by the COUNTY.

This program has reduced the number of surrendered animals admitted to the COUNTY’s care centers to those who have no other opportunity for rehoming.

This is reducing the costs that are associated with sheltering cats and dogs.

A. Components of Pet Support Services:
• Community Engagement is key to successfully employing this program, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners. • The COUNTY encourages people who have found stray animals to attempt to

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9 reunite the pets with their families. The COUNTY also encourages residents to allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the COUNTY will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the COUNTY, as will animals that are sick or injured.

29. Healthy Pet Zone: COUNTY aids the public in times of crisis on a case-by-case basis that includes access to veterinary care and temporary boarding. CITY must refer public to COUNTY for program assistance.

30. Individual Animal Licensing Services: Adult dogs four months of age and older are required by State law to have individual licenses. The CITY may request that the Department enforce licensing requirements in the CITY as described in ATTACHMENT A. The CITY may adopt the COUNTY’s fees for individual animal licenses or set its own fees as permitted in ATTACHMENT A.

License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a feeper-license basis. A current license will be required before an animal will be released to a resident of the CITY. Fees from licenses collected will be credited to the CITY monthly in arrears.

The COUNTY’s animal licensing services include:
a. Issuing animal licenses for pets as requested by the CITY; b. Processing license applications, payments, and information changes; c. Issuing license renewal notices;
d. Assessing and collecting fees, penalties, and other financial remittances; e. Maintaining a database for animal licensing, records of calls for service, and actions taken; and
f. Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.

31. Kennel and Cattery Licensing: The Department's Kennel and Cattery Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under COUNTY

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9 Ordinance. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public.

The COUNTY retains kennel license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the CITY. However, investigations in response to complaints about activities at a licensed location are conducted by Animal Control Officers based in the COUNTY’s animal shelters and are billed in accordance with ATTACHMENT B, City/County Service Rates.

This program includes:
a. Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities.
b. Follow-up inspections of animal facilities as necessary. c. Collection of license fees to offset the cost of services; and d. Documentation and maintenance of records as necessary.

E. CONTRACT CITY REQUIRED SERVICES

1. Vaccination and Microchip Clinics: California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic lowcost rabies vaccination and microchip clinics at its animal care centers and in the unincorporated areas of the County. Pursuant to this agreement and ATTACHMENT A, CITY shall fund four (4) vaccination and microchip clinics, within the CITY’s jurisdiction, per FY. The following services will be provided by the COUNTY:
a. Providing or assisting in arranging for low-cost vaccinations and microchips; b. Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
c. Licensing animals vaccinated at the clinic; and
d. Assisting jurisdictions in promoting these community-based clinics.

2. Spay/Neuter Clinics: Pursuant to this agreement and Attachment C, the CITY shall fund x Spay/Neuter clinic(s), within the CITY’s jurisdiction, per FY. a. To help fund these events the CITY may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust. Participation in the Spay/Neuter Trust will allow the CITY to offer low-cost or free spay/neuter programs for the CITY’s residents who wish to have their pets spayed or neutered. The COUNTY staff will work with the shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services.

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9 F. Records
Upon reasonable notice, the COUNTY will make available to authorized representatives of the CITY, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The CITY must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).

Upon request, the following standard reports are available to the CITY from the COUNTY monthly:
a. Dogs and/or Cats Impounded
b. Animals Returned to Owners
c. Dogs and/or Cats Abandoned
d. Special Admission Dog & Cat
e. Other Animals Impounded
f. Quarantined Dogs and/or Cats
g. Special Admission of Other Animals
h. Private Veterinarian (Outside Medical Expense)
i. Dead Animal Pick Up Requests
j. Types of Calls for Service
k. Location of Admission
In accordance with SECTION III, the COUNTY will provide up to 12 hours of staff time annually for producing special reports to the CITY at no cost. Additional staff time will be charged to the CITY at the current reimbursement rate for applicable staff time.

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ATTACHMENT A
FISCAL YEAR 25/26-27/28 SERVICE REQUEST

FOR THE CITY OF XXXXX

1. Services
The level of animal care center service that the CITY requests and the COUNTY agrees to is (select the options below):
 Field Services
 If CITY elects to provide CITY Animal Control Services, CITY shall agree to have CITY Animal Control Officers trained and implement the return in field program as described in EXHIBIT A – A.8 8. Return of Impounded Animals. The CITY shall provide the tools necessary to perform these duties. COUNTY shall provide training to CITY personnel for this purpose.  Shelter Services
CITY’s Animal Services contact information:

Name:

Telephone:

Address:

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2. Field Services
The level of field service that the CITY requests and the COUNTY agrees to:
(select one of the three options below):
a. Standard Service Plan
b. Extended Service Plan (check all applicable boxes below) c. Administrative Compliance (Post Hearing compliance checks) CITY’s Animal Services Field contact information:

Name:

Telephone:

Address:

Standard Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.

Extended Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.

Weekend days and holidays (please identify days and
hours):

Humane Investigations – as needed Included billed hourly.

Administrative Investigations – as needed
(Potentially dangerous/vicious Dogs)
Included billed hourly.

Administrative Compliance (Post Hearing compliance checks)

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3. Animal Licensing
 The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the COUNTY fees outlined Riverside County Ordinance No, 630.
 The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):

Dog Licenses 1-Year Fee 2-Year Fee 3-Year Fee
Altered Dog
Unaltered Dog
Senior Altered Dog
Cat Licenses (Voluntary) 1-Year Fee
Voluntary Cat
Current license fees adopted by the CITY on , 20
CITY’s Animal Licensing contact information:

Name:

Telephone:

Address:

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4. Outreach and Enforcement Services
Please make a selection for each of the options below:
i. Animal Facility Inspection and Licensing (Costs included in County costs - not billed)
 The CITY requests that the COUNTY license animal-related facilities (including inspection) in the CITY.
 No animal facility licensing services - the CITY will conduct its own licensing program for animal-related facilities. (Please provide contact information below.)
CITY’s Animal Facility contact information:

Name:

Telephone:

Address:

A.Vaccination/Microchip/Licensing Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of XX vaccination/microchip/Licensing clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging for clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.  The above requirement for CITY to fund Vaccination/Microchip/Licensing Clinic(s) is acknowledged by the CITY
B.Spay/Neuter Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of X Spay/Neuter clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.
 The requirement above to fund the number of Spay/Neuter Clinic(s) listed above is acknowledged by the CITY
 CITY elects to participate in the Spay/Neuter Trust to allow residents access to low-cost spay/neuter services.
 No participation in the Spay/Neuter Fund.

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5. Enforcement of COUNTY Ordinances
 The CITY agrees to the enforcement of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with no exceptions.
 The CITY agrees to the enforcement of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with the following pre-approved exception(s):
(please mark all that apply)
□ Ordinance No. 630 - SECTION 12. - Mandatory Spaying and Neutering. The CITY does not require the spay/neuter of:
o Dogs
o Cats
□ Ordinance No. 630 - SECTION 13. - Mandatory Microchipping. The CITY does not require microchipping of:
o Dogs
o Cats
□ Ordinance No. 630 - SECTION 5. – Number of dogs and cats. The CITY allows for the following maximum number of animals per household:

Dogs
Cats
Total Dogs/Cats
□ Ordinance No. 878 - SECTION 5. – Noisy Animal Complaints. The CITY will conduct CITY noise complaints.

CITY’s Noise Complaint contact information:

Name:

Telephone:

Email:

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6. Requested Additions to COUNTY ORDINANCES
Please list individual municipal code sections requested to be enforced by the COUNTY. (Please ensure your municipal code contains adequate enforcement authority.)
City Code
Number City Code Section Title County Approved
County Not
Approved

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7. Annual/Amended Service Request Approval

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ATTACHMENT B

COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES

CITY/COUNTY SERVICES RATES
A. Billing Period
These billing rates are effective from July 1, 2025, through June 30, 202X.

B. Billing Rates
Based on CITY’s needs and System Impact
Shelter Services:

Field Services
Additional Administrative Services
Leadership Attendance at meetings in excess of contract allowance
Insert hourly for
Dir./Deputy Dir.

Production of reports in excess of contract allowance Insert Analyst Hourly Animal Control Officer in excess of contract allowance – Investigations/court appearances
Insert Officer hourly
Spay/Neuter Trust
Spay/Neuter Trust $5.00 per animal
License
.

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Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 789 of 1774

ATTACHMENT C
Rates Methodology
Cities are financially responsible for the care of animals impounded within the City’s jurisdiction and the County is responsible for the care of animals impounded within the County’s jurisdiction. When a city contracts for services, it can save by sharing resources with the County and other contracted cities.

The existing County/City contract rates model is complex, and administrative staff, county and city, are required to invest a significant amount of time preparing, reviewing, discussing and justifying billing for each of the contract cities, monthly. The current methodology also does not allow the agencies to budget for the cost of shelter services provided since they are based on the incoming animals and length of stay. The unpredictability of these shelter costs can cause a burden on contracting cities, making it hard for them to budget and pay timely. This can also cause a burden on the County in collecting these revenues. It also does not incentivize the agencies to promote animal licensing, spay or neutering of the animals, adoptions or other revenue generating activities within their jurisdictions.

The County has gone away from a per animal methodology for shelter services and developed a “Piece of the Pie” billing methodology, where each city’s contribution is based on its proportional impact to the County shelter system. The impact is calculated using a variety of factors. By distributing costs based on actual usage and demand, this approach ensures fair allocation of expenses while promoting engagement and efficient resource management. Animal Control and Sheltering costs are generally driven by:

Field Services Shelter Services
a. Calls for service a. Average Length of Stay
b. Time to complete a service call b. Number of Impounds c. Staff c. Staff
d. Administration d. Program expenses
e. Support Services e. Administration
f. Population f. Support Services
g. Facilities
h. Population
To simplify the methodology these drivers were categorized into three (3) cost pools:
a. Shelter Costs to house and care for the animals;
b. Animal Control Field Services Costs (as applicable); and c. Split costs that were allocated between the two primary categories are based on either the ratio of the shelter category costs to field category costs or based on statistics provided by Animal Services for its call center.

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Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 790 of 1774

1. SHELTER COSTS DISTRIBUTION
The costs of providing Shelter Services were determined by using three different allocation areas, based on the RCDAS FY 24/25. These allocation areas were weighted based on the impact to shelter resources:
a. Average Impound numbers (number of animals that come into the shelter for each city and the unincorporated areas of the County – Animals/month based on 30 months or the length of the contract if less than 30 months). (30% impact weight)
b. Average Length of stay (LOS) for animals per city and the unincorporated areas of the County – LOS/month based on 30 months or the length of the contract if less than 30 months.
(50% impact weight)
c. On the human population of a city.
(20% impact weight)
Within each of the allocations, spilt costs are included. The cities and the County were assigned a percentage of the cost based on their statistic or number and the ratio to the total.

2. FIELD SERVICES DISTRIBUTION
The costs of providing field services were allocated based on the minimum number of officers required – Officer + Vehicle
a. Total field service costs are divided by the total number of officers to find the annual cost per unit.
b. Overtime, overtime holiday, and vehicle lease are excluded from the total field services costs for cities.
c. Vehicle charges are added per officer vehicle, field leadership vehicle and licensing vehicle.

Only those cities who opt for Animal Control Officer Services will be allocated their piece of the costs. Within each of the allocations, spilt costs are included.

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3. SPLIT SERVICES DISTRIBUTION
These costs consist of Administration, Facilities, and Support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field.

By using the piece of pie methodology, with the three different allocation areas, and then weighted based on a city’s impact to shelter resources, cities will be charged for their proportion of the total County animal shelter costs incurred during the fiscal year as illustrated below.

EXAMPLE:

Hypothetical animal sheltering services budget to distribute: $20,000,000 Total Average Impounds weighted @ 30% of costs = $6,000,000 Total Average Kenneling Days weighted @ 50% of total costs = $10,000,000 Total Population weighted @ 20% of costs = $4,000,000
City A has 2.9% of the average total impounds/yr.

City A has 2.5% of the average of Kenneling days/yr.

City A has a population that is 7% of the total served pop. (County + all contract Cities) City A: (0.029 * $6,000,000) + (0.025 * $10,000,000) + (0.070 * $4,000,000) = $704,000 City A’s future FY cost = $704,000
Payments of $176,000 made quarterly which will be reduced by any licensing revenue For the contract term. City A’s animal shelter budget shall follow the following three (3) year 4% fixed-rate schedule:
$704,000.00 for fiscal year 2025-2026 (contract year 1) $732,160.00 for fiscal year 2026-2027 (contract year 2) $761,446.40 for fiscal year 2027-2028 (contract year 3)

4. OTHER CONSIDERATIONS
A. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the County’s medical staff are included in shelter costs to establish each city and the County’s rate for sheltering and are not billed separately or in addition to that rate. The County reserves the right to send any animal to a private veterinary facility for

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Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 792 of 1774 examination, treatment, and/or hospitalization as the County deems necessary in its sole and absolute discretion. All expenses incurred by the County for outside medical services, for animals from a City, will be billed to the City.

B. Billing for “Legal Hold” and Other Shelter Services:

Because the Piece of the Pie Methodology is based on average intakes, Dogs and cats that are housed for a “legal hold” and other shelter services are not billed separately. The length of stay data (from intake to disposition) for each animal will be collected for future contract negotiation purposes and can be available to a city, upon request. Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the County based on pending or anticipated criminal, civil, or administrative action.

C. Capital Improvements
Each year this contract is in effect, the County may submit to the contracted cities during the regular budget process a request for any needed capital improvements to the Shelter. Any such request shall include a description of the requested improvements and an estimate of their cost. Contracted cities shall give good faith consideration to each request; however, it is understood that capital improvements are subject to overall city budgetary priorities and funds availability, and a city shall in no event be obligated to contribute to such capital improvements. If an emergency arises relating to Shelter maintenance during the term of this contract, the County shall advise the contracted cities within forty-eight (48) hours so that the cities may decide whether to take appropriate action.

D. Level of Field Service
a. Level of Service Specified. The County shall provide all enforcement services at the minimum level based on an average number of calls to that city.
b. Variation in Level of Service. Variations in the level of service shall be made by amendment as provided for in Section XI of this Agreement, and under the following terms.
i. If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of Service as soon as practicable.
ii. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

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Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 793 of 1774 E. Cost Offsets
A contracted city will receive credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the city for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.

A city will not receive any credit for adoption fees (whether paid by an individual or an organization).

F. Revenues
Revenues are applied to reduce the costs for shelter and field services.

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Three-Year Agreement for Animal Control Field and Shelter Services with ... Page 794 of 1774 City of Indio
City Council
July 16, 2025

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Professional Services Agreement in a Time and Materials not to exceed amount of $147,400.00 with HdL Companies for the provision of Cannabis Management Services.

RECOMMENDATION:

Staff recommends that the City Council approve a 1) three year term (July 1,2025 to June 30, 2028) for a Professional Services Agreement on a time and materials basis not to exceed a total amount of $147,400.00 for all three years with HdL Companies for the provision of licensing assistance services for Cannabis Storefront Retail Business Program Permits and Renewals; 2) authorize HdL to pass through fees for background checks and authorize the Finance Department to make the necessary budget adjustments as reflected in the Financial Summary Section of the report; and 3) authorize the City Manager to make and approve substantive changes to the Agreement, as needed.

SUMMARY:

HdL Companies originally assisted the City with the development of its regulations, procedures and guidelines for the City's Cannabis Storefront Retail Business Program Permits. In September 2022, the City Council approved a Professional Services Agreement allowing the City to continue to utilize the professional expertise and experience of the HdL Companies in the licensing implementation of Cannabis Storefront Retail Business Program Permits. Due to the knowledge, expertise, and history working with the City, it is recommended to enter into another agreement with HdL to continue assist the City with the Cannabis Storefront Retail Business Program and Permits.

BACKGROUND INFORMATION:

On June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California.

On December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.

On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis NonStorefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as AGENDA ITEM #10.23
Professional Services Agreement in a Time and Materials not to exceed am... Page 795 of 1774 neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 1506(b)(3). Also, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the City.

On July, 2022, the City Council approved Resolution No. 10313 establishing the number of permitted Cannabis Storefront Retail Business Program Permits. Also, on July 20, 2022, the City Council adopted Resolution No. 10314 adopting the City of Indio's Cannabis Application Procedure Guidelines and Review Criteria.

On August 17, 2022, the City Council approved Resolution No. 10315 establishing the City's Cannabis Fee Schedule. The City began accepting applications for Cannabis Storefront Retail Business Program Permits on September 1, 2022 and currently has 4 operating businesses with 1 expecting to open soon.

On September 21, 2022 the City Council approved a Professional Services Agreement with HdL Companies to assist with administering the Cannabis Storefront Retail Business Program. Staff recommends continuing utilizing HdL's expertise towards this program and entering into a new agreement to provide the following services to the City:
 Site plan reviews and pre-license site visits
 Regulatory compliance inspections
 Annual revenue audits
 Annual cannabis business permit renewal reviews
 General subject matter expertise as necessary
 Supplemental Cannabis Background Checks
Authorization of the Professional Services Agreement will allow the City to continue to utilize the professional expertise and experience of the HdL Companies in the licensing implementation of Cannabis Storefront Retail Business Program Permits through June 30, 2028.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
147,400 In current year budget: Yes
Current FY General
Fund Impact:
147,400 Budget adjustment: No
Next FY Financial
Impact:
147,400 Strategic Objective: Economic Opportunity
Source of funds: General Fund Fund-Org-Object
Reference:
1012182 521064
ATTACHMENTS:

Attachment 1- PSA_HdL Companies
Attachment 2- HdL Companies Scope of Services
APPROVAL(S):

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Professional Services Agreement in a Time and Materials not to exceed am... Page 796 of 1774 Brian Halvorson, Dir. Of Community Development Approved - 05 Jul 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Jul 2025 Ruby D. Walla, Director of Finance Approved - 09 Jul 2025 Bryan H. Montgomery, City Manager Approved - 09 Jul 2025

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Professional Services Agreement in a Time and Materials not to exceed am... Page 797 of 1774 PROFESSIONAL SERVICES AGREEMENT*

BY AND BETWEEN

THE CITY OF INDIO,

A CALIFORNIA MUNICIPAL CORPORATION
AND

HDL COMPANIES
Form Approved January 7, 2025

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Professional Services Agreement in a Time and Materials not to exceed am... Page 798 of 1774

PROFESSIONAL SERVICES AGREEMENT

FOR CANNABIS MANAGEMENT SERVICES TO

BETWEEN THE CITY OF INDIO AND HDL COMPANIES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this __TH day of ___________, 2025 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation organized as a general law city and HdL Companies, a California Corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and collectively referred to as the “Parties.”

RECITALS

1. City desires to obtain services that may be reasonably described as follows:
• Site plan reviews and pre-license site visits
• Regulatory compliance inspections
• Annual revenue audits
• Annual cannabis business permit renewal reviews
• General subject matter expertise as necessary
• Supplemental Cannabis Background Checks

2. Consultant was selected by City to perform those services on the basis of Consultant’s demonstrated competence, professional qualifications and licensure necessary for the satisfactory performance of the services required.

3. Pursuant to the Chapter 33.116 of the Indio Municipal Code, the City has authority to enter into this Agreement.
• The City Manager has the authority to execute this Agreement [$5000 - $75,000 or less] OR
• The City Council has the authority to execute this Agreement [over $75,000]

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

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

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Professional Services Agreement in a Time and Materials not to exceed am... Page 799 of 1774 SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on July 1, 2025 (the “Effective Date”) and continue in effect until the tasks described are completed, but in no event later than June 30, 2028, unless sooner terminated or otherwise extended by written agreement of the Parties. All days set out are calendar days.
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration, on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.” (c)Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year.

City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES, SCHEDULE AND SCHEDULE OF PERFORMANCE (a)SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant shall at all times faithfully, competently and to the best of their ability, experience and talent perform the services and tasks set forth in Exhibit “A” “Scope of Services” incorporated as if fully set forth here (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant to provide the Services.
(b) SCHEDULE OF PERFORMANCE. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. Thereafter, the City, in its sole discretion, may choose not to enforce Section 21, “Default” of this Agreement and may instead allow Consultant to continue performing the Services.
(c) ADDITIONAL SERVICES. Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26

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Professional Services Agreement in a Time and Materials not to exceed am... Page 800 of 1774 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 3. CITY REPRESENTATIVE.

The City’s Community Development Department shall represent it in all matters regarding the administration of this agreement, review and approval of all products submitted by consultant, but shall have no authority to enlarge the tasks to be performed.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $147,400.00 each Fiscal Year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof.

Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without prior approval by the City Council. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts.

Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment for labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task.

City’s Representative shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

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Professional Services Agreement in a Time and Materials not to exceed am... Page 801 of 1774 (c)Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice.
(d)Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. RESERVED
SECTION 6. OWNERSHIP OF DOCUMENTS.

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

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials

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Professional Services Agreement in a Time and Materials not to exceed am... Page 802 of 1774 includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b)Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 24,” of this Agreement. (c)Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no

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Professional Services Agreement in a Time and Materials not to exceed am... Page 803 of 1774 authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against or bind City in any manner.
(c)Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Except for the fees paid to Consultant as provided herein, the City shall not pay salaries, wages or other compensation to consultant for performing services hereunder. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services in the same geographic area as are required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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

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Indio City CouncilJuly 16, 2025

Indio City Council
July 16, 2025