Indio City Council
September 17, 2025

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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.

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

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary l icenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

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ECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

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ECTION 12. NONDISCRIMINATION.

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

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SECTION 13. UNAUTHORIZED ALIENS.

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

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ECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

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

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

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

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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

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

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forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

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

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

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ECTION 18. ASSIGNMENT.

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

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

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

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ECTION 19. CONTINUITY OF PERSONNEL.

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

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

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ECTION 20. TERMINATION OF AGREEMENT.

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

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

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

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

(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

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ECTION 21. DEFAULT.

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

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

SECTION 22. EXCUSABLE DELAYS.

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

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SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

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

To Consultant: [Insert Consultant Name]
Attn: [Insert Appropriate Party]
Address Line
Address Line
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

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ECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

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ECTION 27. BINDING EFFECT.

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

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SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

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ECTION 29. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

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ECTION 30. LAW TO GOVERN; VENUE.

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

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

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

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ECTION 32. ENTIRE AGREEMENT.

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

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ECTION 33. SEVERABILITY.

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

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

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

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

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ECTION 35. TIME OF ESSENCE.

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

SECTION 36. FEDERAL FUNDS.

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

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR [Insert description of services, e.g. Accounting Services] BETWEEN THE CITY OF INDIO AND [Insert Consultant’s Name]

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

CITY OF INDIO

ATTEST:

CITY CLERK

By:

Sabdi Sanchez, CMC
City Clerk Administrator

APPROVED AS TO FORM:

CITY ATTORNEY

By:

Bryan H. Montgomery
City Manager

CONSULTANT

By:

Its:

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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Exhibit B – Compensation
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EXHIBIT “B”

COMPENSATION

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Addendum 1 - Insurance
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ADDENDUM “1”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

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

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

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Addendum 1 - Insurance
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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) O
THER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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Addendum 2 – Federal Funds
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ADDENDUM “2"

FEDERAL FUNDS

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BRENDA BELTRAN
PH | 760-668-0928
EMAIL | [email protected]
ADDRESS | 47106 ALESSANDRO DR PALM DESERT CA

GROWING UP IN A DESERT, I BELIEVE IT IS DEEPLY ROOTED IN OUR NATURE TO CARE AND FOSTER ONE ANOTHER. THIS NATURAL SENSE OF COMMUNITY DEVELOPS A SPACE TO PUSH CREATIVE BOUNDARIES AND PRODUCE WHAT YOU WANT TO SEE, RATHER THAN WAITING FOR IT TO APPEAR IN A MIRAGE.

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EXECUTIVE SUMMARY

MERCADO INDIO WILL BE A RECURRING OUTDOOR EVENT THAT BRINGS TOGETHER A CURATED MIX OF UNIQUE AND ENGAGING LOCAL MAKERS AND SMALL BUSINESSES.

BLENDING TOGETHER LOCAL CULTURE, CREATIVITY, AND COMMERCE - MERCADO INDIO WILL BE A

DYNAMIC EVENT CONSISTING OF BOTH REGULAR AND ROTATING BUSINESSES THAT LOCALS AND TOURISTS CAN LOOK FORWARD TO, DRIVING INCREASED FOOT TRAFFIC TO DOWNTOWN INDIO.

MERCADO INDIO WILL CONTRIBUTE TO THE REVITALIZATION OF DOWNTOWN INDIO, BY NOT ONLY

UPLIFTING THE CURATED VENDORS BUT BY ALSO COMPLIMENTING THE SURROUNDING BUSINESSES. WITH THOUGHTFUL PROGRAMMING, STRATEGIC MARKETING, AND COMMUNITY PARTNERSHIPS, MERCADO INDIO WILL BE A CORNERSTONE OF CULTURAL CONNECTION.

HANDCRAFTED GOODS
FOOD + BEVERAGE

LOCAL PRODUCE
BEAUTY + WELLNESS

CUSTOMIZED GOODS

VINTAGE
ART + MUSIC

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RETAIL DIRECTOR
● FOG CITY FLEA
● MARKET MARKET
● MOJAVE FLEA TRADING POST YUCCA VALLEY
● MOJAVE FLEA TRADING POST PALM SPRINGS
RETAIL + ART DIRECTOR
● THE PLACE
PRODUCTION + BRANDING
● CON AMOR, NINA Y LEON
● HERMANO FLOWER SHOP
● MISTERS
● RESOURCES
● VENUS N VINTAGE
BACHELOR'S DEGREE OF ART IN BUSINESS ADMINISTRATION + MARKETING

CALIFORNIA STATE UNIVERSITY SAN BERNARDINO
EXPERIENCE + QUALIFICATIONS

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I. VENDOR CURATION & MANAGEMENT
A. ACTIVELY SELECT VENDORS BASED ON QUALITY, PRODUCT MIX, AND ALIGNMENT WITH GOALS.

B. PRODUCE VENDOR OUTREACH PROTOCOLS AND TEMPLATES
C. MANAGE VENDOR APPLICATIONS, CONTRACTS, FEES, AND COMMUNICATION.

D. COORDINATE VENDOR LOGISTICS, INCLUDING BOOTH ASSIGNMENTS, SETUP + BREAKDOWN GUIDELINES AND SCHEDULING.

E. MONITOR VENDOR PERFORMANCE AND CUSTOMER FEEDBACK TO STRATEGIZE IMPROVEMENT OF CURATION.

II. PLANNING + OPERATIONS
A. OVERSEE DAY TO DAY EXECUTION OF THE WEEKLY MARKET.

B. STRATEGIZE BOOTH PLACEMENTS, SEATING, WASTE MANAGEMENT, ETC.

C. IMPLEMENT WEATHER CONTINGENCY PLANS + EMERGENCY PROCEDURES.

III. PROGRAMMING
A. CURATE LIVE ENTERTAINMENT OR THEMED MARKET DAYS TO PROMOTE VISITOR ENGAGEMENT.

B. DEVELOP SEASONAL OR HOLIDAY SPECIFIC THEMES + ACTIVATIONS.

IV. MARKETING + PROMOTION
A. DEVELOPMENT OF BRANDING + MARKETING STRATEGY.

B. PRODUCE + SHARE SOCIAL MEDIA CONTENT TO GROW THE MARKET’S PRESENCE.

C. PRODUCE PROMOTIONAL MATERIALS SUCH AS BANNERS, SIGNAGE, AND FLYERS.

V. FINANCIAL OVERSIGHT
A. CREATE AND MANAGE THE MARKET BUDGET INCLUDING VENDOR FEES + OPERATIONAL EXPENSES

SCOPE OF SERVICES

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PHASE I - OPENING
ENGAGEMENT OF 25 VENDORS AT A WEEKLY FEE OF $35 TOTALLING $875 PHASE II - AT 45 DAYS
ENGAGEMENT OF 45 VENDORS AT A WEEKLY FEE OF $35 TOTALLING $1575 PHASE III - AT 90 DAYS
ENGAGEMENT OF 60 VENDORS AT A WEEKLY FEE OF $35 TOTALLING $2100 PAYMENT TERMS - MONTHLY FEE OF $1000 TO BE PAID THE 15TH OF EACH MONTH ● OUTSIDE EXPENSES TO BE APPROVED PRIOR TO EXPENDITURE

REVENUE PROPOSAL

License Agreement between the City of Indio and Brenda Beltran for the u...Page 255 of 381
RECAP

PROVEN VENDOR MARKETPLACE EXPERIENCE
● SHOWN EXPERIENCE IN SUCCESSFULLY MANAGING RETAIL ENVIRONMENTS WITH OVER A HUNDRED VENDORS PER LOCATION.

STRONG LOCAL NETWORK
● I HAVE PERSONAL AND PROFESSIONAL RELATIONSHIPS JUST FROM GROWING UP IN INDIO AND ALSO FROM LIVING/WORKING IN PALM SPRINGS FOR THE LAST FEW YEARS.
● THE RELATIONSHIPS I’VE CREATED WHILE CULTIVATING THE BRAND EXPERIENCE AT THE PLACE AND PRIOR WORK ARE AN INVALUABLE TOOL FOR CURATING MERCADO INDIO.

CREATIVE VISION
● I HAVE A STRONG UNDERSTANDING OF COMMUNITY INTEREST, COMBINING THAT WITH MY UNIQUE POINT OF VIEW I CAN CREATE AN INSPIRING BRANDED MARKET THAT IS INVITING, NOSTALGIC, AND FORWARD THINKING.

ACCEPTANCE OF CITY’S PROFESSIONAL SERVICES AGREEMENT
● I, BRENDA BELTRAN, CAN COMPLY WITH THE CITY’S PROFESSIONAL SERVICES AGREEMENT

License Agreement between the City of Indio and Brenda Beltran for the u...Page 256 of 381
1 LICENSE AGREEMENT BETWEEN THE CITY OF INDIO AND

BRENDA BELTRAN FOR USE OF CITY PROPERTY

FOR A VENDORS MARKET ON CITY-OWNED PROPERTY

THIS LICENSE AGREEMENT (“Agreement”) is made and entered into as of September 17, 2025 (“Effective Date”), by and between the City of Indio (hereinafter "City"), a California municipal corporation, and Brenda Beltran, an individual (hereinafter "Licensee").

RECITALS

A. Licensee desires to organize, operate, maintain and manage a Vendors' Market in the City on property owned and maintained by City pursuant to the terms of this Agreement.

B. City desires to allow Licensee to use the City property pursuant to the terms stated in this Agreement.

NOW, THEREFORE, in consideration of the mutual obligations contained herein and for good and valuable consideration, the sufficiency of which is acknowledged by the Parties , City and Licensee agree as follows:

1. License Area. The real property permitted to be used under this Agreement is a portion (“Vendors’ Market Area”) of that certain property located at 45235, 45285 Towne Street and the roadway right-of-way of Bliss Street from Oasis Street to Towne Street in the City of Indio, California (“City Property”). The City Property and Vendors’ Market Area are more particularly described in Exhibit “A-1”, attached hereto and incorporated herein by this reference. Licensee’s use of the Vendors’ Market Area shall be in accordance with the Site Plan, attached hereto as Exhibit “A-2” and incorporated herein by this reference. Licensee shall not modify the Site Plan without obtaining prior written approval from the City Manager.

2. Grant of License; Use of License Area. City hereby grants Licensee a revocable license to use the property referenced as the Vendors’ Market Area for the development, organization, operation, maintenance and management of a Vendors' market, as defined in California Health and Safety Code Section 113742 and in accordance with and pursuant to all applicable permits and laws, including but not limited to Article 15, Chapter 4, Division 104, Part 7 of the California Health and Safety Code, commencing with Section 114350. Licensee shall use the Vendors’ Market Are a only for the purpose of operating and maintaining a weekly Vendors’ market at its sole cost and expense and pursuant to the terms and conditions specified in this Agreement, including the Rules and Regulations set forth in Exhibit B (“Vendors’ Market”) and for no other uses whatsoever.

3. Term of License . This Agreement shall be effective from the Effective Date through August 1, 2026 (“Term”), with the ability to extend the License for one year upon the City Manager’s discretion, unless terminated earlier. So long as Licensee is not then in default under this Agreement, Licensee may request that the license be renewed and the City Manager is authorized to approve or deny the extension in his sole discretion This Agreement may be renewed for up to four (4) additional one- year terms (each a “Renewed Term"). Each Renewed Term shall commence, if at all, upon the expiration of the immediately preceding Term and end twelve (12) months later. Licensee shall request renewal, if at all, by giving written notice to City of its interest in renewing the Agreement within ninety (90) days prior to expiration of current Term.

License Agreement between the City of Indio and Brenda Beltran for the u... Page 257 of 381 2 4. Period of Use. Licensee shall operate the Vendors’ Market a minimum of once per week with a set day and times to be determined, except those days which fall on or are adjacent to major holidays, and/or others as determined and agreed to between Licensee and City, or in the event of emergency or disaster in the discretion of the City Manager. The Vendors’ Market shall be held from October to May of each year and will be held in the remaining months (June through September) if a suitable indoor location is found or the Parties agree that the Vendors ’ Market may be held outdoors. The participants and vendors may set up their stalls two (2) hours prior to set hours and will be permitted two (2) hours after set hours to take down stalls . City reserves the right to periodically review the seasonal operation period and hours of operation for the Vendors’ market and limit the season, frequency of events, or hours of operation, in the City Manager’s discretion.

5. Permits. Licensee shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law, including a City encroachment permit, for the operation of the Vendors’ Market.

6. Compliance with Laws and Regulations.

a. Laws. Licensee shall at all times comply with, and shall pay all costs, expenses, penalties and fines which may be incurred or required to be paid in order to comply with, any and all permitting requirements, laws, statutes, labor codes, ordinances, rules and regulations, including any and all laws or regulations relating to hazardous materials, toxic materials, substances or waste, or public health, safety and welfare and the protection of the environment, the Americans with Disabilities Act of 1990, 42 U.S.C. S ections 12101 et seq., as amended, covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Riverside , City, or other applicable public agency (“Laws”) which apply to the operation and use of the Vendors’ Market Area or any portion thereof, including those requiring additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Vendors’ Market Area or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Vendors’ Market Area or any portion thereof, and payment of any fees, charges or assessments arising out of or in any way related to the Vendors’ Market Area or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic's lien to be filed against the Vendors’ Market Area, or any interest of City or Licensee therein, and shall immediately discharge any such lien.

b. Rules and Regulations. Licensee shall, and shall require that all participants and vendors of the vendors’ market, comply with the Rules and Regulations attached hereto as Exhibit B and incorporated herein by reference.

7. Exercise of Due Care. Licensee shall ensure that Licensee and its participants and vendors, and its and their employees, observe and exercise all necessary caution and discretion so as to avoid personal injuries and property damage.

8. Insurance. Licensee shall obtain and maintain for the duration of this Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with use of the Vendors’ Market Area by Licensee or its invitees, agents, representatives, employees, or subcontractors. The insurance will be obtained from an insurance carrier authorized to do business in the State of California. The insurance carrier is required to have an A.M. Best Rating of not less than "A-VII":

License Agreement between the City of Indio and Brenda Beltran for the u... Page 258 of 381 3 a. Coverages and Limits. Licensee, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager approves a lower amount.

These minimum amounts of coverage will not constitute any limitations or cap on Licensee’s indemnification obligations under this Agreement.
b. Commercial General Liability Insurance with a minimum $ 1,000,000 limit per occurrence. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. Such insurance shall name the City, its officials, agents, volunteers and employees additional insureds.
c. Automobile Liability Insurance Licensee will have coverage of any and all personal vehicles utilized as part of the Vendors Market operation. Such insurance shall have limits required by law.
d. Workers' Compensation and Employer's Liability Insurance . Licensee asserts that she has no employees, however, if employees are hired, Licensee shall obtain Workers' Compensation and Employer Liability insurance that complies with State law. Licensee hereby grants to City a waiver of any right to subrogation for injuries covered by the Workers’ Compensation policy and agrees to obtain an endorsement to the policy whereby the insurer waives any such right.
e. Notice of Cancellation. All policies required herein shall be in force during the life of this Agreement and any extensions of it and will not be canceled without at least forty-five (45) days prior written notice to City sent pursuant to the notice provisions of this Agreement. f. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Licensee will furnish certificates of insurance evidencing compliance with the insurance requirements, and the additional insured endorsement to the Commercial General Liability policy.
g. Failure to Maintain Coverage. If Licensee fails to maintain any of these insurance coverages, then City will have the option to declare the Licensee in breach or may purchase replacement insurance at Licensee’s expense.

9. Hold Harmless. To the extent permitted by law, Licensee, as a material part of the consideration to be rendered by City under this Agreement, shall exercise it privileges hereunder at its own risk and shall indemnify, defend, reimburse and hold harmless City, its officers, officials, employees, agents, representatives, volunteers, and each of them (collectively, “City Parties”), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, “Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the City Property, or any part thereof including the Vendors ’ Market Area, whether such injury, death, damage or destruction is caused by the person or property of Licensee, its officers, directors, members, employees, agents, consultants, contractors or subcontractors, invitees, guests, or visitors (collectively, “Licensee Parties), relating to any use or activity under this Agreement, (b) any failure by Licensee to faithfully observe or perform any of the terms, covenants or conditions of this Agreement, (c) the use of the Vendors’ Market Area or any activities conducted hereon by Licensee or Licensee Parties, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee or Licensee Parties, on, in, under or about the City Property, including the Vendors ’ Market Area, or into the environment, or (e) any failure by Licensee to faithfully observe or perform any terms, covenants or conditions of this Agreement; except solely to the extent of Claims resulting directly from the sole negligence or willful misconduct of City or City Parties. In addition to Licensee's obligation to indemnify City, Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claim that actually or potentially

License Agreement between the City of Indio and Brenda Beltran for the u... Page 259 of 381 4 falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Licensee by City and continues at all times thereafter. The foregoing indemnity shall include, without limitation, reasonable attorneys', experts’ and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by City and City Parties , including, without limitation, damages for decrease in the value of the City Property (including the Vendors’ Market Area) and claims for damages or decreases in the value of adjoining property. Licensee's obligations under this Section shall survive the expiration or other termination of this Agreement.

Neither City nor City Parties shall have liability to Licensee or Licensee Parties as the result of damage or loss to property or injury or death to any such person arising on the Vendors ’ Market Area or out of the vendors’ market events conducted on the Vendors ’ Market Area, except for damages to Licensee property caused by the sole negligence or willf ul misconduct of City. The parties intend that damages and/or costs and all other terms implying an amount tied to liability shall include consequential damages. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this Section.

10. Alterations. Licensee shall make no alterations, additions or improvements to the Vendors’ Market Area or any part thereof without prior written approval of City. No stakes or other equipment shall be attached to the City Property, including the Vendors’ Market Area.

11. Maintenance of Premises. Licensee shall keep and maintain the City Property free and clear of any and all trash, refuse, garbage, debris or litter arising from or incidental to its use of the Vendors’ Market Area. Licensee shall keep and maintain the City Property, including the Vendors’ Market Area, in a clean, safe, orderly manner, with clear pedestrian areas. Licensee shall not commit, suffer or permit any waste to remain on the City Property, including the Vendors’ Market Area. At the end of the market day, Licensee shall require her vendors to remove all trash from the site. Licensee only (not her vendors) will have access to a dumpster in the City Hall parking lot for 4 -5 bags of trash. Licensee is ultimately response to be remove all produce and other market products, debris, rubbish, boxes, booths, stands, structures and materials of any sort resulting from the use of the Vendors’ Market Area and shall leave the City Property, including the Vendors’ Market Area in a clean, safe condition.

12. Traffic Control Plan. Licensee shall be required to obtain an encroachment permit (at no cost) from the City’s Public Works Department for use of the Vendors ’ Market Area. In conjunction with such permit, Licensee shall submit a traffic control plan or entry and exit plan to the Vendors’ market showing ingress, egress, delivery routes, and parking or such other information as required by the Public Works Department (“Traffic Control Plan”). Licensee shall, at its sole costs and expense, ensure compliance with the Traffic Cont rol Plan andy other requirements of the encroachment permit throughout the Term of this Agreement. Such Traffic Control Plan may be modified from time to time as determined by the City.

13. Vendor List. Licensee shall, on a quarterly basis, submit an updated Vendor List to City for the preceding quarter and estimated future expectations for same.

14. Termination; Suspension. This Agreement may be terminated and the license revoked by the City Manager or Licensee for convenience and with or without cause upon thirty (30) days advance written notice to the other party. Notwithstanding the foregoing to the contrary, City may, in the sole and absolute discretion of the City Manager, terminate or suspend this Agreement on shorter notice as follows:

License Agreement between the City of Indio and Brenda Beltran for the u... Page 260 of 381 5 a. Immediately, City may, in the sole and absolute discretion of the City Manager, terminate this Agreement if (i) Licensee discontinues or abandons operations; (ii) Licensee is adjudged bankrupt or is reorganized under any bankruptcy law; (iii) Licensee fails to keep in force any required insurance policies or bonds; or (iv) Licensee fails to comply with any provision of this Agreement.

b. Immediately, City may, in the sole and absolute discretion of the City Manager, terminate or suspend this Agreement due to emergency circumstances, including due to any health or similar orders by the County and/or State of California, in the sole and absolute discretion of the City Manager.

15. Notice. Notices required hereby shall be deemed to have been fully given when served personally on Licensee or City or when deposited in the United States mail, postage prepaid, and addressed as follows:

To City:

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

To Licensee:

Brenda Beltran
47106 Alessandro Drive
Palm Desert, CA 92260

16. Independent Contractor . Licensee is an independent contractor and is not an employee of City. Furthermore, City and Licensee are not partners, co -venturers or in a joint enterprise. Wherever the term " Vendors' Markets" is used herein, the term shall mean, be interpreted and include Licensee, its grower members, officers and agents.

17. Subcontracts. No portion of the Vendors’ market or any obligations in this Agreement shall be subcontracted without prior written consent of City. In the event Licensee desires to subcontract some or all of the work or obligations specified in this Agreement, Licensee shall furnish City with the names, qualifications, and experience of the proposed subcontractor. Licensee shall remain fully liable to City for the Vendors’ market events and responsible for the work or obligations to be handled by any approved subcontractor and shall assure compliance with all requirements of this Agreement.

18. Community Outreach; Signs. Licensee shall be solely responsible for community outreach and publicizing the Vendors ’ market events, including the signage and advertising. All signage and advertising shall be conducted in compliance with City of Indio Municipal Code. City agrees to cooperate with Licensee in strategizing its marketing approach as City deems appropriate. Prior, written approval must be granted by the City for any use of the City logo or any representation that the City is sponsoring the event.

19. Amendment. This Agreement may be amended by a written instrument signed by both parties.

20. Applicable Law and Venue. This Agreement is made, entered into, and shall be

License Agreement between the City of Indio and Brenda Beltran for the u... Page 261 of 381 6 performed in the City of Indio, California, and all rights and remedies of the parties hereto shall be construed and enforced in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside.

21. Taxes. Licensee recognizes and understands that it is responsible for the payment of all City, County, State, and Federal taxes required by law.

22. Personal to Licensee. This Agreement and rights granted hereunder are personal to Licensee and may not be transferred in whole or part without the prior written consent of City, which City may withhold in its sole and absolute discretion.

23. Entire Agreement . This Agreement, including all Exhibits (which are hereby incorporated by reference), contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement.

No waiver of any condition in or breach of, and no alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by the waiving party.

24. Miscellaneous. This Agreement shall be deemed to be jointly prepared the parties and any ambiguities or uncertainties herein shall be construed neither for nor against either of the parties. The words "including" and "included," shall be interpreted as though followed by the words "without limitation." The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. The individual executing this Agreement on behalf of Licensee has full power and authority to execute and deliver the Agreement on behalf of Licensee. This Agreement is not intended and shall not be construed to create any third-party benefit. If any action is brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover, and the other party agrees to pay, all attorneys' and other fees and costs fixed by the court.

[SIGNATURE PAGE FOLLOWS]

License Agreement between the City of Indio and Brenda Beltran for the u... Page 262 of 381 7 IN WITNESS WHEREOF, this Agreement is entered into as of the Effective Date.

CITY OF INDIO

Bryan H. Montgomery, City Manager
ATTEST:

Sabdi Sanchez, Director of City Clerk Services

APPROVED AS TO FORM:

Steven Graham Pacifico, City Attorney

LICENSEE:

Brenda Beltran

Brenda Beltran, Operator

License Agreement between the City of Indio and Brenda Beltran for the u... Page 263 of 381 8 EXHIBIT A
Depiction of City Property and Vendors Market Area

License Agreement between the City of Indio and Brenda Beltran for the u... Page 264 of 381 9 EXHIBIT A-2
Vendors Market Site Plan

License Agreement between the City of Indio and Brenda Beltran for the u... Page 265 of 381 10 EXHIBIT B
Rules and Regulations for Licensee and Vendors

1. The dumping of wastes and food byproduct is illegal in storm drains, and is prohibited.

2. Outdoor cleaning of food service equipment shall be within the vendor’s self-contained units as approved by the City.

3. Trash generated from each event shall be removed daily and not left on the premises.

Licensee, not her vendors, shall have access to a dumpster in the City Hall parking lot for a minimal amount of trash.

4. Wastewater from vehicle and equipment washing shall not be discharged into the storm drain system.

5. Any and all Environmental Health Permits required by the County of Riverside’s Environmental Health Division shall be continuously maintained and observed throughout the Term of the Agreement.

6. The Vendors’ Market Area and City Property must be cleaned and all garbage and trash removed. Vendor’s and Vendors’ Market equipment and property must be removed after each Vendors’ market event.

7. Portable restrooms and hand washing stations will be provided by Burrtec Waste and Recycling to be paid by City

8. The Traffic Control Plan and the terms of the City issued encroachment permit shall be complied with at all times during Vendors’ Market events.

9. Event hours shall be clearly posted at all times during the Vendors’ Market events.

10. A City of Indio or other governmental agency information booth may be permitted, but no political activity shall take place at any Vendors’ Market event.

11. Licensee shall have the market manager present and available at all Vendors’ Market events. The name and contact information for the market manager shall be provided to the City Manager.

12. Vendor fees and selection of vendors for participation in the Vendors’ Market are at the discretion of Licensee’s market manager.

13. Vendors and participants shall comply, and Licensee is responsible for ensuring that such vendors and participants are in compliance, with: (a) any and all requirements for participating in a “Certified Vendors’ Market” (as such term is defined in Section 113742 of the California Health and Safety Code and Article 6.5, Title 3 of the California Administrative Code), (b) any and all Laws as defined in Section 7.a. of the Agreement, (c) insurance requirements set forth in Section 9 of the Agreement, and (d ) Licensee’s own rules and regulations.

License Agreement between the City of Indio and Brenda Beltran for the u... Page 266 of 381 11 14. Vendor Market operator shall respond to all communications from the City within 24 hours, to ensure timely coordination and effective project management.

15. Vendor Market operator must notify the City of Indio of any proposed cancellation of a scheduled Vendor Market no less than 24 hours in advance . Cancellations must be submitted in writing via email to the designated City representative, along with a clear explanation of the reason for cancellation (e.g. inclement weather, staffing issues, emergencies).

16. All marketing, advertising, and promotional materials – including those featuring the City’s logo or referencing the Vendor Market – must be submitted for prior approval by the City.

This includes the management of associated social media accounts.

17. Licensee shall provide all equipment, including any generators necessary to supplement electrical power available in the Vendors’ Market Area, necessary for the safe operation of the Vendors’ Market.

18. The Vendor Market must prioritize vendor types that complement – not compete with – existing brick-and-mortar businesses located in Downtown Indio.

19. Vendor Market operator shall not accept applications from vendors whose primary offerings significantly overlap with existing downtown businesses, including (but not limited to) coffee, prepared foods, or retail goods that are already well-represented within the immediate area.

20. A current list of restricted or limited vendor categories will be provided by the City and updated periodically. All vendor applications must be reviewed and approved by the City prior to confirmation. The operator is expected to maintain a balanced, diver se vendor mix that enhances the overall downtown experience and supports the long- term economic development goals of the City.

21. Licensee shall receive, process and respond to all City customer concerns related to the operation of the Vendors’ Market.

22. Licensee shall ensure that all food vendors who work with any type of grease material have tarps underneath their cooking areas and utilize tarps over their food areas. Licensee shall ensure that all food vendors who have cooking grills, ovens, smokers or broilers that create heat and smoke are not to be placed where the smoke and grease will cause damage to any green space within or adjacent to the Vendors’ Market Area.

23. Licensee, during and after use, shall maintain the Vendors’ Market Area in a safe, sanitary, neat, and tidy condition. Upon the conclusion of the Vendors’ Market, Licensee shall return the Vendors’ Market Area in as good a condition and repair as the property existed prior to the commencement of the Vendors’ Market. The Vendors’ Market Area shall be clean from litter, refuse, rubbish and personal property, all trash barrels shall be emptied and all debris removed from adjacent areas (lawns, planters, landscaping, sidewalks, etc.). Licensee shall properly dispose of all trash from the Vendors’ Market.

24. Licensee shall cooperate with and allow access to the Vendors’ Market to all representatives of the City and representative of other governmental agencies with jurisdiction over the Vendors’ Market at such times as they determine necessary.

License Agreement between the City of Indio and Brenda Beltran for the u... Page 267 of 381 12 25. Licensee shall provide a safe and healthful environment for vendors and customers by setting and enforcing safety measures at all times before, during, and after events.

Examples include, but are not limited to, taping of all exposed cords, immediately cleaning spills, not blocking curb ramps or any other access ramps at any time before, during or after the event, etc.

26. Licensee shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law, including a City encroachment permit, for the operation of the Vendors’ Market.

27. Licensee shall be solely responsible for obtaining a valid Business License issued by the City. Vendors participating in the vendor market will be exempt from obtaining individual licenses and will be covered under the Licensee’s Business License

License Agreement between the City of Indio and Brenda Beltran for the u... Page 268 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Approve the purchase of two (2) Police motorcycles from Long Beach BMW Motorcycles for $95,155.38

RECOMMENDATION:

Staff recommends that the City Council approve the purchase of two (2) new 2026 R 1300 RT-P BMW Police Motorcycles from Long Beach BMW Motorcycles for $95,155.38, and direct the Finance Department to adjust appropriations as reflected in the financial summary of the report.

SUMMARY:

The Indio Police Department currently has three motorcycle officers and plans to expand its Traffic Unit to address the city's increasing traffic-related concerns. This expansion aligns with the city's Drive Smart campaign, which focuses on enforcement and public awareness to promote safer roadways. A larger, well-equipped Traffic Unit will enhance visibility, improve response times, and allow for more targeted enforcement in high-risk areas. As the unit grows, there will be a need for additional motorcycles to support these efforts and ensure that officers can operate effectively throughout the city.

BACKGROUND INFORMATION:

RT-P BMW additional two purchase approval to is Department Police Indio The seeking motorcycles. As the city continues to grow and traffic demands increase, expanding the motorcycle fleet will enhance the department's ability to conduct proactive traffic enforcement and respond swiftly to collisions. By maintaining the use of the existing BMW platform, the Indio Police Department ensures consistent ergonomics across the fleet.

Staff prepared specifications for the required vehicles and requested quotes from both Long Beach BMW and Riverside BMW. Long Beach BMW was the only vendor that provided a detailed quote.

Long Beach BMW is a reputable vendor, widely recommended by law enforcement and the motorcycle community. Accordingly, staff recommends Long Beach BMW as the selected vendor.

The cost includes the upfitting of the new motorcycles.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$95,155.38 In current year budget: No
Current FY General $0.00 Budget adjustment: Yes
AGENDA ITEM #11.9
Purchase of two (2) Police motorcycles from Long Beach BMW Motorcycles i... Page 269 of 381 Fund Impact:

Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Fund 228 Traffic Safety Fund Fund-Org-Object Reference:
228 555003

Additional Financial Details:

Upon approval, the Police Department will utilize the available Fund Balance of the Traffic Safety Fund 228, a non-General Fund Special Revenue Fund, to purchase the two new motorcycles. The requested budget adjustment is as follows:

Increase appropriations:
228-555003 Vehicles $95,156.00

ATTACHMENTS:

BMW MOTORCYCLE QUOTE

APPROVAL(S):

Brian Tully, Chief of Police Approved - 25 Jul 2025
Steven Graham Pacifico, City Attorney Approved - 29 Jul 2025 Ruby D. Walla, Director of Finance Approved - 29 Jul 2025 Bryan H. Montgomery, City Manager Approved - 29 Jul 2025

Purchase of two (2) Police motorcycles from Long Beach BMW Motorcycles i... Page 270 of 381

Purchase of two (2) Police motorcycles from Long Beach BMW Motorcycles i... Page 271 of 381

Purchase of two (2) Police motorcycles from Long Beach BMW Motorcycles i... Page 272 of 381

Purchase of two (2) Police motorcycles from Long Beach BMW Motorcycles i... Page 273 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Approval of $23,845.00 Increase to Axon Contract for the Purchase of 5 Taser Devices and 15 Additional User Licenses

RECOMMENDATION:

Staff recommends that the City Council approve a contract amendment with Axon Enterprises, Inc., increasing the existing contract by $23,845.00 for the purchase of five additional Taser 7 devices and fifteen licenses.

SUMMARY:

The Indio Police Department is requesting approval of a $23,845.00 increase to its existing contract with Axon Enterprises, Inc. for the purchase of five additional Taser 7 devices and fifteen licenses.

The additional equipment is needed to support recently hired officers and professional staff, ensuring all personnel are properly equipped. This amendment will maintain consistency across the department, enhance officer safety, and provide officers with a less-lethal option when dealing with dangerous situations.

BACKGROUND INFORMATION:

The City Council approved a five-year contract with Axon Enterprises, Inc. in March 2022 in the amount of $848,383. This agreement provided the Indio Police Department with 90 Body-Worn Cameras, 70 Tasers, and digital evidence storage. Since its implementation, the program has been effective and well utilized. With the hiring of additional personnel, however, there is a need to expand the number of devices and licenses available. This contract amendment ensures the program continues to meet operational needs while maintaining readiness and consistency across the department.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$23,845.00 In current year budget: Yes
Current FY General
Fund Impact:
$23,845.00 Budget adjustment: No
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Police Administration Budget
Unit
Fund-Org-Object
Reference:
1014211 521064

AGENDA ITEM #11.10
Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase... Page 274 of 381 Additional Financial Details:

This additional cost will be absorbed in the current Operations budget for the Police Department.

ATTACHMENTS:

Indio CA Basic License (15) + T7 cert (5) Add-on quote- 7-16-25

APPROVAL(S):

Brian Tully, Chief of Police Approved - 26 Aug 2025
Steven Graham Pacifico, City Attorney Approved - 26 Aug 2025 Ruby D. Walla, Director of Finance Approved - 01 Sep 2025 Bryan H. Montgomery, City Manager Approved - 02 Sep 2025

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase... Page 275 of 381

Q-727085-45854DG
Issued: 07/16/2025
Quote Expiration: 08/08/2025
Estimated Contract Start Date: 10/01/2025
Account Number: 110850
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Indio Police Department - CA
46800 JACKSON ST
INDIO,
CA
92201-6040
USA

Indio Police Department - CA
Attn: Accounts Payable
100 Civic Cener Mall
Indio
CA
92201
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Doug Haynes
Phone: 760-541-4519
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 19 Months Average Savings Per Year $10,227.59 TOTAL COST $22,303.85
ESTIMATED TOTAL W/ TAX $23,844.14 TOTAL SAVINGS $16,193.69

Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 276 of 381

Payment Summary
Date Subtotal Tax Total
Sep 2025 $6,691.16 $462.09 $7,153.25
May 2026 $15,612.69 $1,078.20 $16,690.89
Total $22,303.85 $1,540.29 $23,844.14

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 277 of 381

Quote Unbundled Price: $38,498.50
Quote List Price: $22,266.80
Quote Subtotal: $22,303.85
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 205 1 $52.55 $52.55 $10,772.75 $942.62 $11,715.37 C00018 BUNDLE - TASER 7 CERTIFICATION 5 19 $246.34 $75.48 $75.48 $7,170.60 $597.67 $7,768.27 A la Carte Software
BasicLicense Basic License Bundle 15 19 $15.17 $15.30 $4,360.50 $0.00 $4,360.50 Total $22,303.85 $1,540.29 $23,844.14
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 7 CERTIFICATION 100591 AXON TASER - CLEANING KIT 1 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 20008 AXON TASER 7 - HANDLE - HIGH VIS GRN LASER CLASS 3R YLW 5 1 09/01/2025
BUNDLE - TASER 7 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 6 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 20063 AXON TASER 7 - HOLSTER - SAFARILAND RH 5 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 25 1 09/01/2025
BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12- DEGREE) NS 25 1 09/01/2025
BUNDLE - TASER 7 CERTIFICATION 22177 AXON TASER 7 - CARTRIDGE - HALT STANDOFF NS 10 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 22178 AXON TASER 7 - CARTRIDGE - HALT CLOSE QUART NS 10 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 22179 AXON TASER 7 - CARTRIDGE - INERT STANDOFF (3.5- DEGREE) NS 5 1 09/01/2025
BUNDLE - TASER 7 CERTIFICATION 22181 AXON TASER 7 - CARTRIDGE - INERT CLOSE QUART (12- DEGREE) NS 5 1 09/01/2025
BUNDLE - TASER 7 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 09/01/2025 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 1 09/01/2026
BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12- DEGREE) NS 10 1 09/01/2026
BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 1 04/30/2027
BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 1 04/30/2027
BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 1 04/30/2027

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 278 of 381

Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12- DEGREE) NS 10 1 04/30/2027
BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12- DEGREE) NS 10 1 04/30/2027
BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12- DEGREE) NS 10 1 04/30/2027
BUNDLE - TASER 7 CERTIFICATION 22177 AXON TASER 7 - CARTRIDGE - HALT STANDOFF NS 10 1 04/30/2027 BUNDLE - TASER 7 CERTIFICATION 22178 AXON TASER 7 - CARTRIDGE - HALT CLOSE QUART NS 10 1 04/30/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 15 10/01/2025 04/30/2027 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 15 10/01/2025 04/30/2027 BUNDLE - TASER 7 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 5 10/01/2025 04/30/2027 BUNDLE - TASER 7 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 1 10/01/2025 04/30/2027 BUNDLE - TASER 7 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 5 10/01/2025 04/30/2027 Services
Bundle Item Description QTY
BUNDLE - TASER 7 CERTIFICATION 20246 AXON TASER 7 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 5 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 7 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 6 09/01/2026 04/30/2027 BUNDLE - TASER 7 CERTIFICATION 80395 AXON TASER 7 - EXT WARRANTY - HANDLE 5 09/01/2026 04/30/2027 BUNDLE - TASER 7 CERTIFICATION 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 09/01/2026 04/30/2027

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 279 of 381

Shipping Locations
Location Number Street City State Zip Country
1 46800 JACKSON ST INDIO CA 92201-6040 USA
Payment Details
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 205 $3,231.83 $282.79 $3,514.62 Year 1 BasicLicense Basic License Bundle 15 $1,308.15 $0.00 $1,308.15 Year 1 C00018 BUNDLE - TASER 7 CERTIFICATION 5 $2,151.18 $179.30 $2,330.48 Total $6,691.16 $462.09 $7,153.25
May 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 205 $7,540.90 $659.83 $8,200.73 Year 2 BasicLicense Basic License Bundle 15 $3,052.35 $0.00 $3,052.35 Year 2 C00018 BUNDLE - TASER 7 CERTIFICATION 5 $5,019.44 $418.37 $5,437.81 Total $15,612.69 $1,078.20 $16,690.89

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 280 of 381

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 281 of 381

\s1\ \d1\
Signature Date Signed
7/16/2025

Approval of $23,845 Increase to Axon Contract for the Purchase of 5 Tase...Page 282 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Approval of a Three-Year Law Enforcement Services Agreement Between the City of Indio and Desert Sands Unified School District for the Provision of Police Services.

RECOMMENDATION:

Staff recommends that the City Council approve the Three-Year Law Enforcement Services Agreement Between the City of Indio and Desert Sands Unified School District for the Provision of Police Services.

SUMMARY:

The Indio Police Department's School Resource Officer ("SRO") program has improved public safety within Desert Sands Unified School District's ("DSUSD") school sites while proactively addressing minor offenses in conjunction with the Principals and other school administrators. The goal is to continue providing a safe environment for students and educators in Indio schools. The proposed agreement provides a three-year term with DSUSD for four (4) SROs within the school sites listed in the agreement.

BACKGROUND INFORMATION:

The Indio Police Department and Desert Sands Unified School District ("DSUSD") both recognize the value of having a School Resource Officer ("SRO") at middle and high schools within the City of Indio. The Police Department's SRO Program is evidence-based and continues to operationalize national and state recommendations to ensure the safety of students, educators, and other school personnel. DSUSD personnel also work closely with Police Department personnel to better align their school safety policies with the work of our School Resource Officers.

In support of the inter-agency relationship with DSUSD, Staff recommends the continued cost- sharing, understanding that it enables flexibility within the Department and the District. Staff is proposing a daily rate of $750 per SRO provided to the District. The rate is inclusive of fringe benefits, vehicle usage, and any other related costs for personnel. The proposed agreement will be retroactive to July 1, 2025.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$540,000 In current year budget: Yes
Current FY General $540,000 Budget adjustment: No
AGENDA ITEM #11.11
Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 283 of 381 Fund Impact:

Next FY Financial
Impact:
$540,000 Strategic Objective: Public Safety
Source of funds: N/A Fund-Org-Object
Reference:
101-406535

ATTACHMENTS:

Attachment 1: Agreement for Enforcement Services IPD.DSUSD

APPROVAL(S):

Brian Tully, Chief of Police Approved - 08 Sep 2025
Steven Graham Pacifico, City Attorney Approved - 11 Sep 2025 Ruby D. Walla, Director of Finance Approved - 11 Sep 2025 Bryan H. Montgomery, City Manager Approved - 11 Sep 2025

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 284 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 1 LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF INDIO FOR INDIO POLICE DEPARTMENT’S PROVISION OF ENFORCEMENT SERVICES

TO THE DESERT SANDS UNIFIED SCHOOL DISTRICT
THIS LAW ENFORCEMENT SERVICES AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF INDIO, hereinaf ter “City”, a general law City of the State of California, on behalf of its Polic e Department, hereinafter “IPD”, and the Desert Sands Unified School District, a California Public School District (the “School District” or “District”) to provide enforcement services at: Desert Ridge Academy, located at 79-767 Avenue 39; Thomas Jefferson Middle School, located at 83-089 Highway 111; John Glenn Middle School, located at 79-655 Miles Avenue; Indio Middle School, located at 81-195 Miles Avenue ; Amistad High School, located at 83501 Dillon Ave; Indio High School located at 81-750 Avenue 46; Shadow Hills High School, located at 39-225 Jefferson Street; all of which are located within the territorial boundaries of the City of Indio hereinafter (“Indio Schools” or the “Schools”), sometimes collectively referred to as the “parties” and individually as a “party”.

WHEREAS, IPD and the Desert Sands Unified School District have identified a need to provide additional law enforcement at the Schools; and
WHEREAS, IPD and the School District share common goals that include providing support for Indio Schools which are located within the IPD’s ju risdiction, to address safety issues and focus on the needs of the school, its students and the larger Indio community; and WHEREAS, the parties desire to work collaboratively in this community and share a common goal and policing approach which supports the parties’ decision to enter into this Agreement to provide four (4) law enforcement officers on-site at the Indio Schools.

NOW THEREFORE THE PARTIES MUTUALLY AGREE TO THE FOLLOWING:

1. TERM. The term of this Agre ement begins July 1, 2025, and shall be effective through June 30, 2028, unless terminated sooner as provided in Section 8.

1.1 The parties may agree to extend this Agreement for two (2) additional one (1) year terms upon the mutual written agreement by both parties. If either party wishes to exercise this option, they must contact the other party at le ast sixty (60) days prior to the expiration of the current term.

2. SCOPE OF SERVICES.

2.1 IPD agrees to use its best efforts to provide four (4) sworn police officers to provide police protection and police related community outreach services to the School District at Indio Schools, the (“School Resources Officer(s )” or “SRO(s)”). The duties of the School Resources Officer shall include ro utine field patrol of location, traffic enforcement, drug and narcotic enforcement, crime pr evention and interdic tion, law enforcement education programs, student counseling, monitoring of students, mon itoring of various locations as needed by the respective District Director of Security or School Principal, and other services as mutually agreed upon by the District Director of S ecurity, and the School Principal. The School Resource Officer

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 285 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 2 will enforce the law and will not be used to enforce school discipline. IPD agrees to comply with reasonable requests of the School District necessary to the performance of IPD’s duties under this Agreement. Nothing in this Agreement shall be construed to prevent IPD from temporarily reducing the number of SROs during the pendency of exigent circumstances, as determined solely by the Police Chief, that are occurring outside of Schools.

2.2 During the term of the Agreement, th e officer(s) assigned to the Indio Schools shall perform his or her duties under the direction of the Police Chief, in consultation with the District Director of Security. Control over the actions of the assigned officer shall remain with the City. In the event of a disput e between the parties to this Agr eement as to the extent of the duties and functions to be rendered, or the mi nimum level or manner of performance of such services, the District shall be consulted and a mutual determination shall be made by the City and the District. The City, through the City Manager in consultation with the Police Chief, shall have the final and conclusive determination.

2.3 During the term of this Agreement, the SRO(s) assigned to the Schools shall perform his or her duties under the direction of the Police Chief, in consultation with the District Director of Security. In the event of a dispute between the parties as to the extent of the duties and functions to be rendered, or the minimum level or manner of performance of such services, IPD shall consult with the District, and a mutual determination shall be made by the City and the District. The City, through the City Manager in consultation with the Police Chief, shall make the final and conclusive determination regarding the standard or type of services to be provided by the City pursuant to this Agreement.

2.4 All persons employed to pe rform such services a nd functions pursuant to this agreement shall be City employees. The Distri ct shall not assume any liability for the direct payment of City's employee's salary, wages, or other compensation to any City employee performing such services for the District pursuant to this Agreement.

2.5 For the purposes of performing said functions, the City shall furnish all the necessary labor, supervision, equipment, communi cations facilities, and supplies necessary to maintain the agreed upon level of service. Notwithstanding the foregoing, the District may provide additional resources for the City to utilize in the performance of the services.

2.6 Information sharing between the School Resource Officer(s) assigned to the Indio Schools and the District, as it relates to conf idential student records, will be treated as any other confidential record, on a need to know basis during the course of investigations involving students from those respective schools.

2.7 The School District agrees to provide access to the Schools to allow for IPD to perform the above-described services.

2.8 The School District shall continue to contract separately for the provision of specialized police serv ices, such as for footba ll games or other events, at or on the District property within the City.

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 286 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 3 3. MODIFICATION OF SERVICES. No portion of the services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties.

4. COMPENSATION

4.1 The City shall invoice the District on a quarterly basis during the three (3) fiscal years which comprise the term of this Agreement; and shall do so for any extension terms as well as. The amount invoiced shall depend upon the number of SROs that the Parties elect to utilize in the subject c ontract term. The City shall provide invoices to the District during the first month of each quarter. The District shall remit payment of such invoices within thirty (30) days of receipt. Payment shall be sent to the following address:

City of Indio Finance
Department P.O . Drawer
1788 Indio, CA 92202-1788

4.2 Under no circumstances shall the co mpensation provided to the City pursuant to this Agreement exceed $540,000 per year. The not-to-exceed amount shall include the daily rate of $750 for IPD’s School Resource Officer (SRO services and shall include all items of cost and expense to the School Di strict for providing services pur suant to this Agreement. The annualized rate for the provision of one (1) SRO, is $135,000 per officer per annum and shall be billed quarterly. The billing structure described herein shall reflect same.

4.3 Any modification of services/rate(s)/cont ract costs authorizes the affected Party to elect to continue to receive services, or to terminate the Agreement consistent with the provisions of Section 8 of this Agreement.

5. VACATION, HOLIDAY TIME AND OTHER ABSENCES.

5.1 The School Resource Officer’s vacation time shall not co nflict with the schedule of duties mutually developed by parties. Because City and District holidays may not correspond, holiday time will be taken in accordance with the District’s holidays during the term of this Agreement. The excess days shall be take n with reasonable notice to the School District, but shall not conflict with the schedule of duties mutually developed by the parties.

5.2 If the assigned School Resource Officer is out for more than three (3) consecutive school days, IPD will either (a) provide an alternate sworn police officer to fill the assignment; or (b) if IPD is unable to provide an officer, the City will not charge the District for such service days. This provision only applie s to circumstances where services are not provided for three (3) or more consecutive days when school is in session.

6. School Resource Officer training days shall be considered absences for the purpose of service delivery under this Agreement. The City shall make reasonable efforts to schedule School Resource Officer training on days when school is not in session, including

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 287 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 4 but not limited to summer break and District-specific holidays, to minimize disruption to the provision of services.

7. ADMINISTRATION AND SUPERVISION. The Chief of Police for the City of Indio, or his designee, shall ad minister this Agreement and s upervise the person or persons providing such services to the School District on behalf of IPD. The Superintendent (or designee) shall administer this Agreement on behalf of the School District.

8. CITY EMPLOYEE. IPD personnel shall remain em ployees of IPD on special assignment to the School District for the purposes set forth in this Agreement in order to perform services at Indio Schools, and shall not be considered an agent, employee, or deputy of the School District.

9. TERMINATION. Either party may terminate th is Agreement at any time by giving written notice to the othe r party of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, the School District shall pay for services act ually rendered through the termination date only.

10. HOLD HARMLESS AND INDEMNIFICATION

10.1 The School District shall indemnif y and hold harmless the City, its respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any acts or omissions of School Dist rict, its officers, employees, c ontractors, agents, elected or appointed officials, volunteers, or representatives arising out of or relating to this Agreement, including but not limited to property damage, bod ily injury, or death. The School District shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and se ttlements or awards, the C ity, its Agencies, Authorities and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by School District, the School District 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 IPD; provided, howeve r, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes the School District’s indemnification of the City. The School District’s obligations hereunder shall be satisfied when School District has provided the appropriate form of di smissal (or similar document) to the City relieving the City, and by extension, IPD from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe the Sc hool District’s obligations to indemnify and hold the City harmless.

10.2 The City shall indemnify and hold harmless the School District, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees , agents and representatives fro m liability, claim, damage or action whatsoever, based upon any negligent or r eckless act or omission of IPD, its officers, employees, contractors, agents or representatives arisin g out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. The City shall

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 288 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 5 defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards , the School District, its Agencies , Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by IPD, the City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, se ttle, or compromise any such action or claim without the prior consent of th e School District; provided, howev er, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes IPD’s indemnification of the School District. The City’s obligations hereunder shall be satisfied when IPD has provided the appropriate form of dismissal (or similar document) to the School District relieving the School District from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe IPD’s obligations to indemnify and hold harmless the School District.

11. ASSIGNMENT. Neither this Agreement, nor any duties or obligations under this Agreement, may be assigned by either party without the other party’s prior written consent.

12. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties, an d contains all of the c ovenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or otherwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties.

13. WAIVER. Any waiver by Party of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Party to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping the Party from enforcement hereof.

14. SEVERABILITY. If any provision of this Agr eement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rema ining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

15. ELECTRONIC/DIGITAL SIGNATURES. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the re quirements of the Califor nia Uniform Electronic Transactions Act ((“CUETA”) Cal. Ci v. Code§§ 1633.1 to 1633.17), for executing this Agreement. The parties further agre e that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol , or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signatur e means an electronic id entifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 289 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 6 signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.

16. LAW & VENUE. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under th e laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Riverside County Superior Court. Parties shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations.

17. NO WAIVER. A waiver of full performance by either Party shall be construed, or operate, as a waiver of any subsequent default or any of the terms, covenants, and conditions of this Agreement. The payment or acceptance of f ees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance.

18. NONDISCRIMINATION. Neither Party shall discriminate, in any way, against any person on the basis of race, se x, color, age, religion, sexual orientation, disability, ethnicity, national origin, or any other basis upon which discrimination is prohibited by California or federal law in connection with or related to the performance of this Agreement.

19. REPRESENTATIONS AND W ARRANTIES; COVENANTS. Each Party hereby represents, warrants and agrees that (a) it ha s the full right and authority to enter into and fully perform this Agreement in accordance with its terms, and that this Agreement constitutes a valid, binding and enforceable agreement of such Party; (b) it shall perform its activities under this Agreement in accordance with all applicable Federal, state and local laws and regulations, and (c) the execution, delivery and performance of this Ag reement will not violate the provisions of any other agreement to which it is a party or by which it is bound.

20. NOTICES. Any notice required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:

IPD DISTRICT

DESIGNATED PERSON:

Chief Brian Tully,
Indio Police Department,
46800 Jackson Street Indio, CA 92201
PHONE
EMAIL: [email protected]
Desert Sands Unified School District 47-950
Dune Palms Road La Quinta, California
92253 Attn.: Superintendent

COPY TO:

CITY CLERK’s OFFICE:

Sabdi Sanchez, City Clerk Administrator
100 Civic Center Mall
Indio CA 92201
[email protected]

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 290 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 7 AND

CITY ATTORNEY:

Steven Pacifico Graham
2855 East Guasti Road, Suite 402
Ontario, CA 91761
[email protected]
[SIGNATURES ON FOLLOWING PAGE]

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 291 of 381 Agreement For the Provision of Police Services Between The City of Indio and Desert Sands Unified School District from July 2025 to June 2028 8 IN WITNESS WHEREOF, the duly authorized re presentatives of the parties hereto have entered into this Agreement as of September 17, 2025.

City of Indio: Desert Sands School District:

______________________________ ________________________________ Bryan Montgomery, City Manager By: Jordan Aquino
Title: Assistant Superintendent of
Business Services

A t t e s t :

_____________________________
Sabdi Sanchez, Director of City Clerk Services

Approved as to Form:

_______________________________
Steven Pacifico Graham , City Attorney

Approval of a Three-Year Law Enforcement Services Agreement Between the ... Page 292 of 381 City of Indio
City Council/Indio Water Authority
September 17, 2025

STAFF REPORT

To: City Council/Indio Water Authority
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: Resolution No. 10515 of the City Council/Indio Water Authority to authorize and authorized agency the as Executive the designate Director representative to sign and file, for and on behalf of Indio Water Authority, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of (Project) the Carver Tract Water Systems Consolidation

RECOMMENDATION:

Staff recommends that the City Council/Indio Water Authority Board adopt Joint Resolution No. 10515 of the City Council/Indio Water Authority to authorize and designate the Executive Director as the agency authorized representative to sign and file, for and on behalf of Indio Water Authority, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Carver Tract Water Systems Consolidation (Project)C

SUMMARY:

On November 17, 2021, The State Water Resources Control Board (SWRCB) contacted IWA to discuss the consolidation of a State Small Water System (SSWS) known as Carver Tract Mutual Water Corporation (CTMWC). CTMWC will not be able to comply with state’s new regulation for Hexavalent Chromium (Cr6). The SWRCB is requesting permanent water connection for these customers and consolidation of SSWS into the IWA service area. As part of the early stages of consolidation, the SWRCB requires that IWA adopt a resolution that would authorize and designate the Executive Director as the agency authorized representative to sign and file, for and on behalf of Indio Water Authority.

BACKGROUND INFORMATION:

The State Small Water System (SSWS), Carver Tract MWC is located on the NE intersection of Avenue 48 and Van Buren Street (between Avenue 48 and Manila Avenue and Van Buren Street and Bataan Street) in Indio and has 188 service connections with 600 customers. They have one groundwater well, installed in 1992, which is located at 84129 Leyte Avenue, and provides domestic water.

Carver Tract Mutual Water Company (CTMWC; Water System No. CA 3301107) applied for technical assistance to assess and develop a long-term solution to ensure a safe drinking water AGENDA ITEM #11.12
Resolution No. 10515 of the City Council/Indio Water Authority to author... Page 293 of 381 supply for the community, including producing design plans and specifications and submitting a Drinking Water State Revolving Fund (DWSRF) Construction Financing Application. This work is funded under Assistance Request No. 6956, administered by the State Water Resources Control Board (SWRCB), Division of Financial Assistance (DFA).

On May 16, 2024, the SWRCB’s DFA concluded that IWA would be the preferred consolidating agency.

At the request of SWRCB, IWA is required to enter into a funding agreement with SWRCB for SSWS. As part of the application process, staff recommends adoption of Resolution No. 10515 to authorize and designate the Executive Director as an agency authorized representative or designee to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the SWRCB for the planning, design, and construction of the Carver Tract Water Systems Consolidation (Project). The Resolution is included as Attachment 1 for reference.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

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

N/A Budget adjustment: N/A
Next FY Financial
Impact:

N/A Strategic Objective: Public Infrastructure
Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

There is no cost or fiscal impact associated with this action.

ALTERNATIVES:

Not adopt the resolution.

ATTACHMENTS:

Attachment 1 - Resolution No. 10515 - Carver Tract Consolidation Project_Auth Rep_State Input_Final

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 03 Sep 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 10 Sep 2025 Ruby D. Walla, Director of Finance Approved - 11 Sep 2025 Bryan H. Montgomery, City Manager Approved - 11 Sep 2025

Resolution No. 10515 of the City Council/Indio Water Authority to author... Page 294 of 381 1 RESOLUTION NO. 10515

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO AND

THE INDIO WATER AUTHORITY TO AUTHORIZE AND DESIGNATE

THE EXECUTIVE DIRECTOR AS THE AUTHORIZED

REPRESENTATIVE OR DESIGNEE FOR THE CARVER TRACT WATER

SYSTEMS CONSOLIDATION PROJECT

WHEREAS, the Indio Water Authority has submitted an application to the State Water Resources Control Board to fund the Carver Tract Water Systems Consolidation Project (the “Project”), which includes service connections and system consolidation; and

WHEREAS, prior to the State Water Resources Control Board executing a funding agreement, Indio Water Authority is required to adopt a resolution authorizing the Executive Director as the Authorized Representative or designee for the Project.

NOW, THEREFORE, THE CITY COUNCIL AND THE INDIO WATER

AUTHORITY BOARD DO HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Executive Director, (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Project; and

Section 2. This Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto; and

Section 3. The Authorized Representative, or designee, is designated to represent Indio Water Authority in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

Resolution No. 10515 of the City Council/Indio Water Authority to author... Page 295 of 381 2 PASSED, APPROVED AND ADOPTED this 17th day of September, 2025.

________________________

GLENN MILLER

MAYOR / PRESIDENT

ATTEST:

_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK / SECRETARY

Resolution No. 10515 of the City Council/Indio Water Authority to author... Page 296 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Adoption of Resolution No. 10516, authorizing participation in the FY2024, FY2025, and FY2026 Emergency Management Performance Grant (EMPG) and City’s the authorizing (SHSP); Security Homeland State Program applications, acceptance of funds, negotiation and execution of all related documents, and designation of authorized agents.

RECOMMENDATION:

Approve Resolution No. 10516, authorizing the City to apply for, accept, and administer EMPG and SHSP funds for FY2024, FY2025, and FY2026, authorizing execution of related grant documents, and designating authorized agents.

SUMMARY:

Resolution No. 10516 authorizes the City to participate in the Emergency Management Performance Grant (EMPG) and State Homeland Security Program (SHSP) for fiscal years 2024–2026. The resolution City of Director Manager; Assistant agents (City authorized designates Manager; Finance/CFO; and Emergency Operations Center Manager) to execute applications, agreements, reimbursement requests, and related documents, and authorizes routine project administration actions consistent with grant terms. The resolution is written to remain valid for up to three grant years in accordance with the State Supplement, reducing the need for repeated City Council approvals. The full proposed resolution is attached.

BACKGROUND INFORMATION:

Riverside County Emergency Management has requested a governing-body resolution that (1) identifies the grant program and grant year(s) and (2) designates City officials authorized to sign grant applications and related documents. County EMD has indicated the State Supplement allows multi-year resolutions (up to three years) to streamline subrecipient administration. The City has prepared the attached resolution to satisfy these requirements and to provide staff the authority needed reimbursement submittal, (application tasks routine grant complete to administration requests, vendor agreements, and reporting) while reserving Council approval for substantial scope or budget changes.

ATTACHMENTS:

Attachment 1 - Resolution No. 10516 - EMPG Grant Application

APPROVAL(S):

AGENDA ITEM #11.13
Resolution No. 10516, authorizing participation in the FY2024, FY2025, a... Page 297 of 381

Jennifer A. Mizrahi, Assistant City Attorney Approved - 31 Aug 2025 Ruby D. Walla, Director of Finance Approved - 01 Sep 2025 Bryan H. Montgomery, City Manager Approved - 02 Sep 2025

Resolution No. 10516, authorizing participation in the FY2024, FY2025, a... Page 298 of 381 RESOLUTION NO. 10516

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

RIVERSIDE COUNTY, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE FY2024, FY2025, AND FY2026 EMERGENCY MANAGEMENT

PERFORMANCE GRANT (EMPG) AND STATE HOMELAND SECURITY
PROGRAM (SHSP); AUTHORIZING THE CITY’S APPLICATIONS,

ACCEPTANCE OF FUNDS, EXECUTION OF ALL RELATED DOCUMENTS,

AND COMMITMENT OF REQUIRED MATCH (IF ANY)
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES) administers federal preparedness grants including the Emergency Management Performance Grant (EMPG) and the State Homeland Security Program (SHSP); and
WHEREAS, the City desires to apply for, receive, and expend EMPG and SHSP funds for FY 2024, FY 2025, and FY 2026, either directly through Cal OES or as a subrecipient via the Riverside County Emergency Management Department (Operational Area Administrator), and to execute all documents required the County to implement the grants; and WHEREAS, the County of Riverside Emergency Management
Department has requested a Governing Body Resolution that identifies the grant program and grant year(s) and designates authorized agents to execute applications and related grant documents on behalf of the City; and WHEREAS, the State Supplement allows governing body resolutions to remain valid for up to three grant years, reducing the need for repeated City Council approvals; and

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

SECTION 1. AUTHORIZATION TO APPLY AND ACCEPT.

The City Manager, or designee, is authorized to apply for, negotiate, accept, and execute all documents necessary to receive EMPG and SHSP funding for FY 2024, FY 2025, and FY 2026.

SECTION 2. AUTHORIZED AGENTS.

For all EMPG and SHSP matters, the following positions are designated as Authorized Agents (any one of whom is authorized to act on behalf of the City):
a. City Manager – Bryan H. Montgomery

Resolution No. 10516, authorizing participation in the FY2024, FY2025, a... Page 299 of 381 b. Assistant City Manager – Jonathan Nicks
c. Director of Finance / Chief Financial Officer – Ruby Walla d. Emergency Operations Center Manager / Director of Emergency Management – Scott Visyak
SECTION 3. PROJECT ADMINISTRATION.

The City Manager, or designee, is authorized to: (a) approve project lists, budgets, and re-allocations consistent with award terms; (b) submit reimbursement requests and performance/financial reports; (c) execute vendor agreements procured in accordance with law; and (d) make non- material changes necessary to implement the grants. Any substantial changes to project scope or budget shall be presented to the City Council for approval as required by law and City policy.

SECTION 4. TERM.

This Resolution covers the City’s EMPG and SHSP participation for FY2024, FY2025, and FY2026. If the Operational Area issues amendments or extensions within these fiscal years, the authorities granted herein remain in full force and effect unless otherwise modified by the City Council.

SECTION 5. EFFECTIVE DATE.

This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 17th day of September, 2025. ________________________________

GLENN MILLER, MAYOR
ATTEST:

CITY CLERK
____________________________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

Resolution No. 10516, authorizing participation in the FY2024, FY2025, a... Page 300 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Resolution No. 10517, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt 15324 Section to pursuant environmental further from review (Regulations of Working Conditions) of the California Environmental Quality Act

RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 10517, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act, effective January 1, 2026.

SUMMARY:

The City of Indio has an existing agreement with the California Public Employees' Retirement System (CalPERS) to provide its health program to active Indio employees and retired annuitants.

The CalPERS health program is governed by the Public Employees Medical and Hospital Care Act (PEMHCA). PEMHCA contains all the rules and regulations that a contracting agency must adhere to and the resolution is the mechanism by which an agency elects to become subject to PEMHCA.

ATTACHMENTS:

Resolution Template Packet_Change POA PCU 07.17

APPROVAL(S):

Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 28 Aug 2025
Steven Graham Pacifico, City Attorney Approved - 02 Sep 2025 Ruby D. Walla, Director of Finance Approved - 04 Sep 2025 Bryan H. Montgomery, City Manager Approved - 04 Sep 2025

AGENDA ITEM #11.14
Resolution No. 10517, fixing the employer contribution under the Public ... Page 301 of 381 Please staple on top of your health resolution(s) or cover letter.

This will ensure that the CalPERS mailroom expedites delivery to our office.

Mail packet to either:

Overnight Mail Service Regular Mail
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
400 Q Street
Sacramento, CA 95811
California Public Employees’ Retirement System
Health Resolutions & Compliance Services,
HAMD
PO BOX 942714
Sacramento, CA 94229-2714
HEALTH

RESOLUTION
CalPERS ID # 6664227892
Agency Name City of Indio

Resolution No. 10517, fixing the employer contribution under the Public ... Page 302 of 381 RESOLUTION NO. 10517

FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WHEREAS, (1) City of Indio is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:

Monthly Employer Health ContributionMedical Group
Self Self+1 Self+ Family
010 Executive Group $2100.00 $2100.00 $2100.00
015 Unclassified Management $2100.00 $2100.00 $2100.00
020 Management $2100.00 $2100.00 $2100.00
025 Council-PERS Members $2100.00 $2100.00 $2100.00
030 Police Command Unit $2200.00 $2200.00 $2200.00
045 Fire Fighters Association $2100.00 $2100.00 $2100.00 050 General Unit (ICEA & IWAEA) $2100.00 $2100.00 $2100.00 060 Police Officers Association $2200.00 $2200.00 $2200.00 061 Professional $2100.00 $2100.00 $2100.00
062 Confidential $2100.00 $2100.00 $2100.00
plus administrative fees and Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of Indio has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further
Desired Effective Date January 1, 2026

Resolution No. 10517, fixing the employer contribution under the Public ... Page 303 of 381 RESOLVED, (c) That the participation of the employees and annuitants of City of Indio shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Indio would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Andrew Ansoorian to file with the Board a verified copy of this resolution, and to perform on behalf of City of Indio all functions required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 01, 2026.

Adopted at a regular meeting of the Indio City Council at Indio, this 17th day of September, 2025.

Signed: _________________________________
Glenn Miller, Mayor
Attest: _________________________________
Sabdi Sanchez, Dir. of City Clerk Services

Resolution No. 10517, fixing the employer contribution under the Public ... Page 304 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Resolution No. 10518, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt 15324 Section to pursuant environmental further from review (Regulations of Working Conditions) of the California Environmental Quality Act

RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 10518, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act, effective July 1, 2026.

SUMMARY:

The City of Indio has an existing agreement with the California Public Employees' Retirement System (CalPERS) to provide its health program to active Indio employees and retired annuitants.

The CalPERS health program is governed by the Public Employees Medical and Hospital Care Act (PEMHCA). PEMHCA contains all the rules and regulations that a contracting agency must adhere to and the resolution is the mechanism by which an agency elects to become subject to PEMHCA.

ATTACHMENTS:

Resolution Template Packet_Change ALL Other units 07.17

APPROVAL(S):

Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 28 Aug 2025
Jennifer A. Mizrahi, Assistant City Attorney Approved - 31 Aug 2025 Ruby D. Walla, Director of Finance Approved - 01 Sep 2025 Bryan H. Montgomery, City Manager Approved - 02 Sep 2025

AGENDA ITEM #11.15
Resolution No. 10518, fixing the employer contribution under the Public ... Page 305 of 381 Please staple on top of your health resolution(s) or cover letter.

This will ensure that the CalPERS mailroom expedites delivery to our office.

Mail packet to either:

Overnight Mail Service Regular Mail
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
400 Q Street
Sacramento, CA 95811
California Public Employees’ Retirement System
Health Resolutions & Compliance Services,
HAMD
PO BOX 942714
Sacramento, CA 94229-2714
HEALTH

RESOLUTION
CalPERS ID # 6664227892
Agency Name City of Indio

Resolution No. 10518, fixing the employer contribution under the Public ... Page 306 of 381 RESOLUTION NO. 10518

FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WHEREAS, (1) City of Indio is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:

Monthly Employer Health ContributionMedical Group
Self Self+1 Self+ Family
010 Executive Group $2200.00 $2200.00 $2200.00
015 Unclassified Management $2200.00 $2200.00 $2200.00
020 Management $2200.00 $2200.00 $2200.00
025 Council-PERS Members $2200.00 $2200.00 $2200.00
030 Police Command Unit $2200.00 $2200.00 $2200.00
045 Fire Fighters Association $2200.00 $2200.00 $2200.00 050 General Unit (ICEA & IWAEA) $2200.00 $2200.00 $2200.00 060 Police Officers Association $2200.00 $2200.00 $2200.00 061 Professional $2200.00 $2200.00 $2200.00
062 Confidential $2200.00 $2200.00 $2200.00
plus administrative fees and Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of Indio has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further
Desired Effective Date July 1, 2026

Resolution No. 10518, fixing the employer contribution under the Public ... Page 307 of 381 RESOLVED, (c) That the participation of the employees and annuitants of City of Indio shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Indio would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Andrew Ansoorian to file with the Board a verified copy of this resolution, and to perform on behalf of City of Indio all functions required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on July 01, 2026.

Adopted at a regular meeting of the Indio City Council at Indio, this 17th day of September, 2025.

Signed: _________________________________
Glenn Miller, Mayor
Attest: _________________________________
Sabdi Sanchez, Dir. of City Clerk Services

Resolution No. 10518, fixing the employer contribution under the Public ... Page 308 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Implementation of amended changes to the Compensation and Benefits Plan for Management, Confidential, and Unrepresented Employees, and authorization for the City Manager to execute amendments to the current plan.

RECOMMENDATION:

Staff recommends that the City Council approve the amended changes in the Background section of this staff report between the City and the Compensation and Benefits Plan for Management, Confidential, and Unrepresented Employees, and authorize the City Manager to execute amended changes to the current plan effective the first pay period of October 2025 (which is pay period 21, October 10, 2025).

SUMMARY:

With a focus on continually supporting and building an effective workforce strategically aligned with City goals and priorities, staff is recommending amended salary changes to the Compensation and Benefits Plan for Management, Confidential, and Unrepresented Employees, which generally represents finance, management, human resources, and confidential employees. Specifically, this change will add a new step 9 to each pay grade for the next two years. This change will address salary compaction issues that staff discovered after a new step 9 was implemented for other employee associations' salary schedules (ICEA, IWAEA, and SEIU). This change is consistent with the changes already agreed on by two other non-sworn bargaining units (ICEA and IWAEA). The third non-sworn bargaining, SEIU, agreed to a new step 9 proposal for three consecutive years because SEIU chose to bypass market-based salary adjustments to their job classifications in the first year of their successor agreement. The MCU group received several market-based salary adjustments for job classifications in year one, similar to ICEA and IWAEA. While the City negotiates in good faith with each bargaining unit independently to address their unique interests, the City actively attempts to maintain a cost-effective level of parity among the non-sworn units and the MCU group. In turn, staff believe it is justified to make this amended change to maintain closer parity between the MCU group and the three other non-sworn units.

BACKGROUND INFORMATION:

The MCU represents 49 full-time employees, which equates to 17% of the City's authorized full-time workforce. Currently, there are ten (10) MCU employees who will receive an immediate salary increase if this proposed amendment is approved. While the remaining thirty-nine (39) MCU members will not experience an immediate salary increase, they will experience an increase in earning potential within their current salary pay grades if new steps are added as proposed.

AGENDA ITEM #11.16
Implementation of amended changes to the Compensation and Benefits Plan ... Page 309 of 381

 Effective the first pay period of October 2025 (which is pay period 21, October 10, 2025), each salary range will be modified to add one step to the top of the salary range that is 5% above the existing top step. Any employee who has been at the top step for one year or more will be moved to the new top step effective the first pay period in October 2025. Other employees will be eligible to achieve the new top step through normal step progression. In addition, one step at the bottom of the salary range will be removed to maintain a nine-step salary range.

 Effective the first full pay period in July 2026, each salary range will be modified to add one step to top of the salary range that is 5% above the existing top step. Any employee who has been at the top step for one year or more will be moved to the new top step effective July 1, 2026. Other employees will be eligible to achieve the new top step through normal step progression. In addition, one step at the bottom of the salary range will be removed to maintain a nine-step salary range.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$72,629.96 In current year budget: Yes
Current FY General
Fund Impact:
$45,000.00 Budget adjustment: No
Next FY Financial
Impact:
$75,789.26 Strategic Objective: Organizational
Excellence
Source of funds: General Funds Fund-Org-Object
Reference:

Additional Financial Details:

The estimated two-year fully burdened cost for this amended change is $72,629.96 for fiscal year 2025-2026 and $75,789.26 for fiscal year 2026-2027. Currently, the MCU workforce is funded by the City's General Fund and the Indio Water Authority; subsequently, approximately 60% (or $45,000) of this cost will be carried by the General Fund.

APPROVAL(S):

Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 03 Sep 2025
Steven Graham Pacifico, City Attorney Approved - 05 Sep 2025 Ruby D. Walla, Director of Finance Approved - 05 Sep 2025 Bryan H. Montgomery, City Manager Approved - 08 Sep 2025

Implementation of amended changes to the Compensation and Benefits Plan ... Page 310 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 for additional work for the Indio Sports Park Project, City Project No. PK2203

RECOMMENDATION:

Staff recommends that the City Council approve Contract Change Order No. 4 with Three Peaks Corp., in the amount of $312,716.15. for additional work for the Indio Sports Park Project, City Project No. PK2203; and authorize the City Manager to execute the Change Order.

SUMMARY:

The city has approved three prior change orders totaling $738,885 for the Indio Sports Park project.

Contract Change Order No. 4, in the amount of $312,716.15, proposes constructing a retention basin north of the park on Jackson Street and Kenner Avenue to protect the park from upstream flooding and provide a discharge location for Indio Water Authority’s Well BB. This basin is a temporary solution until the I-10/Jackson Street Interchange and bridge are built. With Three Peaks still mobilized nearby, proceeding now is both cost-effective and operationally efficient.

BACKGROUND INFORMATION:

On March 20, 2024, the City Council awarded the construction contract for the Indio Sports Park Project (PK2203) to Three Peaks Corp. in the amount of $11,832,256.16. Since then, the Council has approved three change orders totaling $738,885, addressing soil import, utility infrastructure, building revisions, landscape improvements, drainage, and lighting enhancements.

Contract Change Order No. 4 proposes the construction of the Jackson Street Retention Basin at Jackson Street and Kenner Avenue. This basin is designed to capture stormwater runoff from the neighborhood immediately north of the Indio Sports Park, reducing the risk of flooding at the site. It will also serve as a designated discharge point for the Indio Water Authority’s Well BB during routine maintenance and emergency repairs. Without this infrastructure, such discharges would be released into the street, creating additional operational and environmental challenges.

This basin is a temporary flood control solution until the I-10/Jackson Street Interchange and bridge over the Whitewater River are constructed, which will provide a permanent drainage system, incorporated with the newly widened bridge over the Whitewater Chanel. Given that Three Peaks Corp. is still on-site and nearing completion of the retention basin at Indio Sports Park, moving forward avoiding efficient, operationally and cost-effective now is future work this with both mobilization costs.

AGENDA ITEM #11.17
Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f... Page 311 of 381 The scope includes excavation, soil export, storm drain piping, headwalls, a combination catch basin, and erosion control features. The total cost of the proposed work is $312,716.15, as outlined in Change Order No. 4.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$312,716.15 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: CIP Improvements Funds Fund-Org-Object Reference:
300-523006

Additional Financial Details:

Sufficient funds have been budgeted in FY25/26 for Project PW-BR0109: Jackson Street Bridge at Storm Channel to cover the cost of the proposed retention basin. Staff recommends a budget adjustment in the amount of $312,716.15 from Project PW-BR0109 to Project PW-PK2203: Indio Sports Park. This adjustment ensures that project expenses are aligned with the function and timing of the work, recognizing that the retention basin serves as an interim drainage solution until the permanent Jackson Street bridge is constructed with the interchange project. This reallocation will allow the City to fund the retention basin without impacting the General Fund

Original Contract Amount: $11,832,256.16
Previously Approved CCOs $ 738,884.90
Agreed CCO No. 4 Price: $ 312,716.15 (this item) Total Revised Contract Amount: $12,883,857.21

ATTACHMENTS:

Attachment 1 - CCO4 - Three Peaks

APPROVAL(S):

Juan Raya, City Engineer Approved - 09 Sep 2025
Timothy Wassil, Public Works Director Approved - 10 Sep 2025 Steven Graham Pacifico, City Attorney Approved - 11 Sep 2025 Ruby D. Walla, Director of Finance Approved - 11 Sep 2025 Bryan H. Montgomery, City Manager Approved - 11 Sep 2025

Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f... Page 312 of 381 ATTACHMENT 1
Contract Change Order 4

Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f... Page 313 of 381

100 Civic Center Mall, Indio, CA 92201

@cityofindio 760-391-4000 Indio.org

CITY OF INDIO

PUBLIC WORKS DEPARTMENT
PROJECT: PK2203 Indio Sports Park
CONTRACTOR: Three Peaks Corp.

CHANGE PROPOSED: The following extra work items include modifications required due to plan updates, additional utility infrastructure, and other necessary construction adjustments. The extra work item costs include the time and materials necessary to complete the work and are a complete in-place total for each item. The total amount for Contract Change Order #4 is an increase in the amount of $312,716.15.

THE FOLLOWING ARE EXTRA WORK ITEMS:

Construct Jackson Street Retention Basin, per attached plan sheets 1- 4, using Technical Specifications for Indio Sports Park.

Scope of work includes the installation of 18” RCP pipe, 3” thick class II base material, excavation and export of materials, installation of inlet catch basin with local depression, 6”-8” rubble, Maxwell Plus infiltration system, wing walls, 12” CMP and a concrete collar. A breakdown of costs is attached.

END OF CONTRACT CHANGE ORDER #4 – SIGNATURE PAGE FOLLOWS

City Project No.: PK2203
Date: 9/17/25
Contract Change Order No.: 4

Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f... Page 314 of 381

PK2203 2

CHANGE ORDER #4
Agreed CCO #4 Price $312,716.15
Original Contract Amount $11,832,256.16
Previously Approved CCO’s $738,884.90
Total Revised Contract Amount: $12,883,857.21

Prepared by Project
Manager:

Donn Uyeno Date

Reviewed by Construction
Manager:

Michael Lytar
Hermann Design Group Date

Reviewed by Public Works
Director:

Timothy Wassil, P.E. Date

Approved by Contractor:

Erik Simmons
Three Peaks Corp. Date

Approved by City Manager:

Bryan H. Montgomery Date

Approved by Mayor:

Glenn Miller Date

Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f... Page 315 of 381 NO. Construction
Bubble
Indio Sports Park
Technical Specs.

Section and Page

ITEM UNIT ESTIMATED

QUANTITY BID AMOUNT
1 12 Section 11
(Page TS-21) INSTALL 18" RCP PIPE (W/O AC) LF 100 228.00 $ 22,763.52 $ 2 5 3" THICK CLASS II BASE MAINTENANCE ACCCESS CY 40 148 .00 $ 5,925.92 $ 3 - Section 5
(page TS-9) EXCAVATION AND EXPORT CY 2,814 42.00 $ 118,167.00 $ 4 2 3 Section 9
(Page TS-17)
COMBINATION INLET CATCH BASIN (CITY OF INDIO STD 30 2) AND LOCAL DEPRESSION (CITY OF INDIO STD. 304 CASE A) EA 1 26,457.00 $ 26,457.00 $ 5 6 Section 11
(Page TS-21) 6" TO 8" CRESTA RUBBLE SF 235 15.60 $ 3,672.71 $ 6 11 Manufacturer
Specifications MAXWELL PLUS EA 1 91,770.00 $ 91,770.00 $ 7 8 Section 11
(Page TS-21)
NORTHERN WING AND U TYPE HEADWALL (SAN DIESGO REGIO NAL STD. D- 34) EA 1 23,440.00 $ 23,440.00 $
8 4 Section 11
(Page TS-21)
SOUTHERN WING AND U TYPE HEADWALL (SAN DIESGO REGIO NAL STD. D- 34) EA 1 20,520.00 $ 20,520.00 $
9 27 Section 11
(Page TS-21) INSTALL 12" CMP PIPE (W/O AC) LF 7 422.00 $ 2,954.00 $ 10 26 Section 11
(Page TS-21) CONCRETE COLLAR EA 1 1,880.00 $ 1,880.00 $ 312,716.15 $
Bid Total 312,716.15 $
Three Hundred Twelve Thousand Seven Hundred Sixteen & 15/100 Bid Total in Words
Three Peaks Corp., by: Erik Simmons, President
Bidder Signature Printed Name

JACKSON STREET RETENTION BASIN - BID SHEET

STORM DRAIN ITEMS

SUBTOTAL

Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f...Page 316 of 381

CITY OF INDIO

JACKSON STREET

RETENTION BASIN PLAN
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Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f...Page 317 of 381

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Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f...Page 318 of 381

CITY OF INDIO

JACKSON STREET

RETENTION BASIN PLAN
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CITY OF INDIO
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Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f...Page 319 of 381

CITY OF INDIO

JACKSON STREET

RETENTION BASIN PLAN
LS

CITY OF INDIO
24-0641
1" = 15'
07/30/2025
09/02/2025

Change Order No. 4 with Three Peaks Corp. in the amount of $312,716.15 f...Page 320 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jose Ramirez, Principal Management Analyst Subject: (“Smoke-Free 107 Chapter adding 1822, Ordinance of Introduction No.

Areas”) to Title IX of the Indio Municipal Code; repealing Section 96.30; and establishing smoke-free outdoor and multi-unit residential areas to protect public health and the environment.

RECOMMENDATION:

Staff recommends that the City Council introduce first reading of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Areas”) to Title IX of the Indio Municipal Code; repealing Section 96.30; and establishing smoke-free outdoor and multi-unit residential areas to protect public health and the environment.

SUMMARY:

Ordinance No. 1822 adds Chapter 107 (“Smoke-Free Areas”) to Title IX of the Indio Municipal Code, repeals Section 96.30, and bans smoking (including vape and cannabis) in outdoor dining areas, plazas, parks, playgrounds, service lines, and within 25 feet of entrances, air intakes, and operable windows. Multi-unit residential leases must include smoke-free provisions beginning January 1, 2026. Exemptions cover private residences not open to the public, moving vehicles, and traditional indigenous ceremonies. The measure protects public health, reduces litter and fire hazards, and improves air quality.

BACKGROUND INFORMATION:

Under Health & Safety Code §§ 104420–104495 and Government Code § 36900 et seq., the City may adopt stricter smoke-free rules than state law. The U.S. Surgeon General confirms no safe level of secondhand-smoke exposure, and tobacco waste harms the environment. On May 21, 2025, the American Cancer Society and Shadow Hills Interact Club presented model ordinance language and evidence of health risks, directly informing this draft. City Attorney Steven Graham prepared the final ordinance text to ensure legal consistency and enforceability.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1822 Smoke-Free Areas (First Reading)

APPROVAL(S):

Steven Graham Pacifico, City Attorney Approved - 07 Aug 2025 AGENDA ITEM #12.1
Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 321 of 381 Ruby D. Walla, Director of Finance Approved - 07 Aug 2025 Bryan H. Montgomery, City Manager Approved - 08 Aug 2025

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 322 of 381 1 ORDINANCE NO. 1822

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
ADDING CHAPTER 107 ("SMOKE-FREE AREAS") TO TITLE IX OF
THE INDIO MUNICIPAL CODE; REPEALING SECTION 96.30 OF
THE CODE; AND ESTABLISHING REGULATIONS TO PROTECT

THE PUBLIC FROM EXPOSURE TO SECONDHAND SMOKE AND TO
PROMOTE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY.

WHEREAS, the United States Surgeon General has determined there is no safe level of exposure to secondhand smoke; and
WHEREAS, secondhand smoke contains more than 7,000 chemicals, including hundreds that are toxic and approximately 70 that cause cancer; and WHEREAS, secondhand-smoke exposure can reach hazardous levels in outdoor areas depending on proximity, wind direction, and the presence of barriers or enclosures; and
WHEREAS, California Health and Safety Code sections 104420 and 104495 encourage and authorize cities to enact restrictions on smoking that are more stringent than state law; and
WHEREAS, discarded cigarette and cigar butts are non-biodegradable litter, toxic to wildlife, and a common cause of outdoor fires; and WHEREAS, outdoor smoke-free policies reduce tobacco consumption, increase cessation rates, and protect public health; and WHEREAS, the City Council of the City of Indio finds and determines that regulating smoking in outdoor and multi-unit residential areas is necessary to protect the health, safety, and welfare of residents, workers, and visitors.

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

SECTION 1. CHAPTER 107 ADDED.

Title IX of the Indio Municipal Code is amended to add Chapter 107 to read in its entirety as follows:

CHAPTER 107 – SMOKE-FREE AREAS
107.01 Purpose and Authority.

This chapter is adopted pursuant to the City’s police powers and the authority granted by California Health and Safety Code sections 104420 and 104495 and Government Code section 36900 et seq. Its purpose is to safeguard the public

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 323 of 381 1 health, comfort, and environment by regulating exposure to secondhand smoke in public places and multi-unit residences.
107.02 Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings set forth below:

A. Administrator. The City Manager or their designee.

B. Electronic smoking device. Any device that can be used to aerosolize, vaporize, or otherwise deliver nicotine or any other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, vape pen, or electronic cigar, and any component, part, or accessory of such a device.

C. Multi-unit residence. Property containing two or more residential units, including apartments, condominiums, townhomes, senior-living facilities, and long-term-care homes, regardless of ownership pattern.

D. Outdoor dining area. Any outdoor area, whether publicly or privately owned, that is used or intended to be used for consuming food or beverages.

E. Public place. Any place, public or private, that is open and accessible to the general public, including but not limited to streets, sidewalks, plazas, parks, recreational areas, outdoor dining areas, public event venues, and service areas.

F. Recreational area. Any park, playground, sports field, trail, or similar facility open to the public for recreational purposes; provided, however, that golf-course grounds are excluded from this definition for purposes of this chapter.

G. Service area. Any area where a service is offered or where one or more persons wait to obtain a service, whether or not such service includes the exchange of money, including but not limited to bus stops, rideshare pick-up zones, cab stands, ATM lines, and ticket or retail queues.

H. Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated tobacco, cannabis, or other plant product intended for inhalation, whether natural or synthetic, and whether in cigarettes, cigars, pipes, hookahs, or any other form. "Smoking" includes the use of an electronic smoking device.

I. Tobacco product. Any product containing, made of, or derived from tobacco or nicotine, natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, and any component or accessory of such a product.

J. Unenclosed area. Any area that is not enclosed by a permanent roof and walls on all sides, or that has at least one permanent doorway or window that can be opened to the outdoors.

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 324 of 381 1 107.03 Smoking Prohibited.

Smoking is prohibited in the following locations and within twenty-five (25) feet thereof unless a greater distance is required by this chapter or state law:

A. All outdoor dining areas.

B. All service areas.

C. All recreational areas, except golf-course grounds as provided in Section 107.05 D.

D. Any public place during a city-permitted special event or assembly.

E. Within twenty-five (25) feet of any entrance, exit, operable window, or air-intake vent of any building, including a multi-unit residence.

F. Within any multi-unit residence in accordance with Section 107.06.

G. Any other unenclosed area that the Administrator designates as smoke-free to protect the public health.
107.04 Smoking Waste.

No person shall discard any tobacco product, cannabis product, ash, or other smoking waste in any public place or on any private property not the person’s own except in a non-combustible, closed receptacle designed for that purpose. 107.05 Exemptions.

The prohibitions of this chapter shall not apply to:

A. Unenclosed areas of single-family detached residences when such areas are not open to the public or being used for a business purpose.

B. A moving private passenger vehicle that is not parked or idling in a service area.

C. The ceremonial use of tobacco or other plant products by Indigenous persons as part of their traditional spiritual or cultural practices.

D. Outdoor areas of golf courses while the course is in use for the game of golf, provided that smoking waste is disposed of in non-combustible receptacles and no other smoking prohibition under state law applies.

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 325 of 381 1 107.06 Smoke-Free Multi-Unit Residences. (Effective January 1, 2026.) A. This section shall be effective on and after January 1, 2026.

B. Smoking is prohibited in every unit of a multi-unit residence, whether the unit is rented or owned.

C. Smoking is prohibited in all indoor and outdoor common areas of a multi-unit residence, including but not limited to hallways, lobbies, laundry rooms, parking areas, recreation rooms, pools, courtyards, balconies, patios, and porches.

D. Smoking is prohibited within twenty-five (25) feet of any doorway, window, opening, or vent of a multi-unit residence.
107.07 Property Owner and Operator Responsibilities.

A. Every property owner, manager, or controlling agent shall ensure compliance with this chapter on the premises under their control.

B. Required measures include, but are not limited to: (1) removing all ashtrays and other smoking paraphernalia from any area where smoking is prohibited; (2) conspicuously posting "No Smoking" or "Smoke-Free Area" signs, at a minimum, at every primary entrance and in sufficient number to give reasonable notice; and (3) providing tenants, employees, and event patrons with written notice of the prohibitions.

C. A property owner or operator may request the Administrator’s written approval of a designated smoking area at a large outdoor venue, subject to conditions necessary to protect public health and prevent litter. 107.08 Enforcement; Penalties.

A. Enforcement Authority. This chapter shall be enforced by any peace officer or other person authorized to enforce the Indio Municipal Code.

B. Administrative Citation. A violation of this chapter is an infraction punishable by an administrative fine as follows:

1. One hundred dollars ($100) for a first violation within any twelve-month period;

2. Two hundred dollars ($200) for a second violation within the same twelve-month period; and

3. Five hundred dollars ($500) for each additional violation within the same twelve-month period.

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 326 of 381 1 C. Each separate instance and each day during which a violation continues shall constitute a separate violation.

D. Other Remedies. The City may pursue any available legal or equitable remedy, including but not limited to public-nuisance abatement under Government Code sections 38773-38773.5 and suspension or revocation of City permits and licenses.

E. Regulations. The Administrator may adopt rules and regulations and approve forms to implement and enforce this chapter.
107.09 Non-Retaliation.

No person shall discharge, refuse to hire, or in any manner retaliate against any individual who exercises any right under this chapter or who seeks to enforce its provisions.
107.10 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby.

SECTION 2. REPEAL OF SECTION 96.30.

Section 96.30 of the Indio Municipal Code ("Smoking Prohibited in Parks") and any other Code provision inconsistent with Chapter 107 are hereby repealed in their entirety as of the effective date of this ordinance. The City Clerk shall include a notation in the Indio Municipal Code that provides a cross-reference in any repealed section to Chap
SECTION 3. ENVIRONMENTAL DETERMINATION.

The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment and because it is a regulatory action taken by the City as a local agency for the protection of the environment.

SECTION 4. CODIFICATION.

The City Clerk is authorized to format and codify the provisions of this ordinance into the Indio Municipal Code.

SECTION 5. NOTICE OF ORDINANCE; EFFECTIVE DATE.

A. The City Clerk shall cause this ordinance, or a summary thereof, to be published as required by law.

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 327 of 381 1 B. Except as otherwise provided in Section 107.060, this ordinance shall take effect thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 20th day of August, 2025.

GLENN MILLER, MAYOR
ATTEST:

CITY CLERK

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Introduction of Ordinance No. 1822, adding Chapter 107 (“Smoke-Free Area... Page 328 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: to 33.300–33.316 Sections adding 1823, Ordinance of Introduction No.

Chapter 33 of the Indio Municipal Code and repealing Section 33.123, to establish uniform procedures for the disposal of surplus City real and personal property.

RECOMMENDATION:

Staff recommends that the City Council introduce first reading of Ordinance No. 1823, adding Sections 33.300–33.316 to Chapter 33 of the Indio Municipal Code and repealing Section 33.123, to establish uniform procedures for the disposal of surplus City real and personal property.

SUMMARY:

Ordinance No. 1823 establishes a clear, consistent procedure for identifying, declaring, soliciting, evaluating, and disposing of surplus City real and personal property. The ordinance provides for competitive solicitations (RFP/RFQ or sealed bid), permits Exclusive Negotiating Agreements where a demonstrated public benefit exists, sets Council approval thresholds for conveyances, and requires recordkeeping and public notice to ensure transparency and legal compliance. Adoption will allow the City to manage future property dispositions in a uniform, legally defensible manner while preserving flexibility for transactions that advance public objectives.

BACKGROUND INFORMATION:

The City does not currently have a single, codified procedure for declaring and disposing of surplus real property. State law (the Surplus Land Act, Gov. Code §§54220–54234) prescribes notice, declaration, and priority rules that local disposal procedures must follow. This ordinance establishes a clear, transparent framework covering declaration, required notices, solicitation and evaluation processes, Exclusive Negotiating Agreements, Council approval thresholds, and recordkeeping to ensure future disposals comply with state law and sound public-policy practice.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1823 - City Property Disposal Ordinance

APPROVAL(S):

Steven Graham Pacifico, City Attorney Approved - 03 Sep 2025 Ruby D. Walla, Director of Finance Approved - 05 Sep 2025 AGENDA ITEM #12.2
Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 329 of 381 Bryan H. Montgomery, City Manager Approved - 08 Sep 2025

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 330 of 381 ORDINANCE NO. 1823

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO
ADDING SECTIONS 33.300 TO 33.316 TO THE INDIO
MUNICIPAL CODE AND REPEALING SECTION 33.123 RELATED

TO THE DISPOSAL OF SURPLUS CITY PROPERTY
WHEREAS, the City of Indio (“City”) from time to time identifies City-owned real and personal property that is unused, underutilized, obsolete, or otherwise unnecessary for present or reasonably foreseeable municipal purposes; and, WHEREAS, the City Council desires to adopt clear, uniform, and transparent procedures for declaring such property surplus and disposing of it in a manner that promotes fairness, fiscal stewardship, and the public interest; and, WHEREAS, the California Surplus Land Act (Gov. Code §§ 54220–54234) imposes mandatory procedures and priorities for the disposition of surplus real property, and the City Council intends by this ordinance to codify processes that ensure compliance with the Act and other applicable law; and, WHEREAS, adoption of this ordinance will modernize and consolidate the City’s surplus-property procedures and necessitates repeal of Indio Municipal Code Section 33.123 and any inconsistent provisions; and,
WHEREAS, this ordinance constitutes an organizational and administrative action that will not result in direct or reasonably foreseeable indirect physical changes in the environment and is therefore not a “project” under CEQA Guidelines § 15378(b)(5), and, alternatively, is exempt under CEQA Guidelines § 15061(b)(3).

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

SECTION 1.MUNICIPAL CODE AMENDMENT.

Chapter 33 of Title 3 of the Indio Municipal Code is amended to add Sections

33.300 to 33.316 to read as follows:

DISPOSAL OF SURPLUS CITY PROPERTY

33.300 Purpose
Section 33.300 – 33.316 (“Disposal of Surplus City Property Ordinance”) establishes uniform procedures for the disposition of City‑owned real and personal property that the City determines to be surplus and unnecessary for municipal purposes. Its objectives are to promote transparency, fairness, and compliance with all applicable laws, including the California Surplus Land Act (“SLA”; Gov. Code §§ 54220 ‑ 54234).

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 331 of 381

33.301 Applicability
(A) Real property. Sections 33.302 through 33.310 govern the disposal of any fee, leasehold, or other interest in City‑owned real property, unless exempted by Section 33.310.
(B) Personal property. Sections 33.311 through 33.315 govern the disposal of City‑owned materials, supplies, equipment, vehicles, tools, and all other tangible personal property.
(C) If a provision of the Disposal of Surplus City Property Ordinance conflicts with mandatory requirements of State or federal law, the latter shall control, and the remainder of this ordinance shall continue in full force.

Real‑Property Procedures

33.302 Identification and Declaration of Surplus Real Property (A) Each City department shall report to the City Manager any real property under its control that is unused, underutilized, or otherwise excess to the department’s foreseeable needs.
(B) The City Manager shall evaluate each submittal and, if the property is not required for any present or reasonably anticipated municipal use, shall recommend to the City Council that the property be declared surplus. (C) If the City Council determines that the property shall be declared surplus, then the City Manager shall take such actions as may be required to comply with all applicable requirements of the SLA.

33.304 Methods of Disposal (Real Property)
(A) Competitive process. Unless waived under Subsection C, disposal shall occur through a publicly advertised Request for Proposals/Qualifications (“RFP/RFQ”) or sealed‑bid auction.
(B) Requirements.

(1) All offers shall be in writing; oral bids are not permitted.

(2) A bid deposit equal to ten percent (10 %) of the offered purchase price, not to exceed $50,000 shall accompany each proposal, unless the City Council waives the requirement or sets a different amount in the solicitation. (C) Exclusive Negotiating Agreement (ENA). The City Council may forego the competitive process above in Subsection (A) and authorize an ENA when it finds that the transaction will advance a significant public benefit, including but not limited to, economic development or affordable housing.

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 332 of 381

33.305 Evaluation of Proposals
Written proposals shall be evaluated using criteria stated in the solicitation, which may include:
(A) Net financial return or consideration to the City;
(B) Proposer’s financial capacity and development track record; (C) Consistency with the General Plan, Specific Plans, and Council‑adopted strategic documents;
(D) Schedule for completion and phasing;
(E) Provision of community benefits, including the number and depth of affordable‑housing units, public amenities, or infrastructure improvements.

33.306 Council Approval
The City Council shall approve all final conveyances by resolution at a noticed public meeting.

33.307 Administrative Authority
(A) The City Manager is authorized to:
(1) Issue solicitations and administer the competitive process;

(2) Enter into interim agreements (e.g., ENAs) consistent with Council direction;

(3) Execute any documents necessary to complete the disposition after Council approval.
(B) The City Attorney shall approve the form of all conveyance instruments.

33.308 Adjacent‑Parcel or Master‑Planned Dispositions
The City may negotiate directly with an adjacent owner or designated master developer when:
(A) The parcels are intended to be planned or developed under a unified concept approved by the City; and
(B) The Council finds that a unified disposition will further long‑term planning or economic‑development goals.

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 333 of 381

33.309 Bid Deposits
(A) Deposits shall be in the form of a cashier’s check, surety bond, or other security acceptable to the City.
(B) Deposits are refundable, without interest, to unsuccessful proposers. (C) The deposit of the successful proposer shall be credited to the purchase price or, if the proposer fails to perform, forfeited to the City.

33.310 Exceptions (Real Property)
This ordinance does not apply to:
(A) Transfers to another public agency for continued public use; (B) Conveyances required by settlement agreement, court order, or eminent‑domain proceeding;
(C) Easements, licenses, or rights‑of‑entry that do not convey a fee or long‑term leasehold interest;
(D) Temporary or revocable permits;
(E) “Uneconomic remnants,” land‑locked parcels, or properties that, due to legal or physical constraints, have no independent development potential, provided the Council approves a negotiated conveyance to an adjacent owner.

Personal‑Property Procedures

33.311 Declaration of Surplus Personal Property
(A) When any department determines that City‑owned personal property is obsolete, unusable, or no longer required for its operations, the department shall notify the Finance Director and transfer custody of the item(s) to the Finance Department.
(B) The Finance Director, after confirming that no other City department has a foreseeable need for the property, shall declare the item(s) Surplus Personal Property and assign an estimated fair‑market value.

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 334 of 381

33.312 Disposal Methods (Personal Property)
(A) Competitive sale. Surplus Personal Property with an estimated aggregate value greater than twenty-five thousand dollars ($25,000) shall be sold by one of the following methods:

(1) Public auction (in‑person or on‑line);

(2) Sealed written bids; or

(3) Publicly advertised Internet marketplace approved by the Finance Director.
(B) Direct sale, trade‑in, recycling, or donation. If the estimated aggregate value is thirty-five thousand dollars ($35,000) or less, the Finance Director may:

(1) Arrange a negotiated sale to the general public;

(2) Accept a trade‑in allowance on a replacement purchase;

(3) Recycle or salvage the item; or

(4) Donate the item to a recognized nonprofit organization or public agency.
(C) All sales are “as‑is, where‑is” with no City warranty, and payment shall be by cash, cashier’s check, credit card, or other form acceptable to the Finance Director.

33.313 Council Approval Threshold (Personal Property)
The Finance Director may complete any disposal authorized by Section 33.312 without further action unless the estimated aggregate value exceeds seventy- five thousand dollars ($75,000), in which case City Council approval by resolution is required before final sale or donation.

33.314 Accounting and Records
(A) Proceeds from the disposal of Surplus Personal Property shall be deposited into the appropriate City fund or account, as determined by the Finance Director. (B) The Finance Department shall maintain a public file for each disposal that includes the declaration of surplus, valuation methodology, method of sale, and final disposition of proceeds or property.

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 335 of 381

33.315 Exceptions (Personal Property)
This ordinance does not apply to:
(A) Consumable supplies sold as scrap or recycling with de‑minimis value (less than $1,000 per lot);
(B) Trade‑in of police, fire, or public‑works equipment when authorized as part of a new‑equipment purchase approved by the City Council;
(C) Destruction of items that pose a public‑safety risk (e.g., contaminated gear) when certified by the appropriate department head and approved by the Finance Director.

33.316 Severability
If any provision of this ordinance is held invalid, the remaining provisions shall continue in full force and effect.

SECTION 2.MUNICIPAL CODE AMENDMENT.

Section 33.123 of the Indio Municipal Code and any other Code provision inconsistent with Section 1 above are hereby repealed in their entirety as of the effective date of this ordinance. The City Clerk shall include a notation in the Indio Municipal Code that provides a cross-reference at Section 33.123 to Sections

33.300 – 33.316.

SECTION 3. ENVIRONMENTAL DETERMINATION.

The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment and because it is a regulatory action taken by the City as a local agency for the protection of the environment.

SECTION 4. CODIFICATION.

The City Clerk is authorized to format and codify the provisions of this ordinance into the Indio Municipal Code.
/ / /
/ / /
/ / /

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 336 of 381 / / /
SECTION 5. NOTICE OF ORDINANCE; EFFECTIVE DAT(E)
(A) The City Clerk shall cause this ordinance, or a summary thereof, to be published as required by law.
(B) This ordinance shall take effect thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 20th day of August 2025.

GLENN MILLER, MAYOR
ATTEST:

CITY CLERK

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Introduction of Ordinance No. 1823, adding Sections 33.300–33.316 to Cha... Page 337 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Draft Sustainability Plan and Work Plan 2025

RECOMMENDATION:

Staff recommends that the City Council approve the draft Sustainability Plan and Work Plan 2025

SUMMARY:

In 2020, the City Council formally charged the Sustainability Commission with developing a Sustainability through sustainability promotes and water current unifies that Plan initiatives conservation, renewable energy, waste reduction, climate action, and public education. The draft 2025 Sustainability Plan and Work Plan includes new sections on Local Risks and two additional focus areas: Outreach and Resiliency & Mitigation. Each chapter includes objectives, project ideas, achievements, and work plan elements. The Plan also highlights efforts that facilitate sustainability and includes an emphasis on community education reflecting the Commission’s commitment to engagement.

BACKGROUND INFORMATION:

The City of Indio’s Sustainability Commission was established in 2014 and held the first meeting in January 2015. In 2020, the City Council adopted Ordinance No. 1750, which formally outlined the duties of the Commission under §32.11 of the Indio Municipal Code. Among these responsibilities is the development and recommendation of a Sustainability Plan for adoption by the City Council. This Plan is intended to unify the City’s existing sustainability efforts, establish goals, and provide a long- term vision for promoting sustainability through water conservation, renewable resource use, climate action strategies, waste diversion, and community education.

The proposed 2025 Sustainability Plan and Work Plan features a newly expanded “Local Risks” section that integrates data and findings from the City’s 2024 Local Hazard Mitigation Plan.

Additionally, the Plan introduces a broader framework with two new focus areas: Outreach and Resiliency & Mitigation. Each chapter of the Plan outlines specific objectives, potential projects, work efforts sustainability incorporate to meant and It accomplishments. elements, plan is throughout the entire organization and highlights current initiatives that facilitate sustainability such as the Shop Local Program, Indio Lindo Beautification, and water conservation.

The Work Plan is meant to cover multiple years and includes ongoing and new projects. A central emphasis of the Plan is on community education and communication, reflecting the Sustainability Commission’s continued commitment to public engagement and awareness. Through this Plan, the AGENDA ITEM #12.3
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 338 of 381 commission aims to support the City’s leadership in sustainability and foster a more resilient and informed community.

ATTACHMENTS:

Attachment 1-Draft Sustainability Plan and Work Plan 2025

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 11 Aug 2025 Ruby D. Walla, Director of Finance Approved - 11 Aug 2025 Steven Graham Pacifico, City Attorney Approved - 12 Aug 2025

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 339 of 381

Sustainability Commission
Sustainability Plan and Work Plan
2025

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 340 of 381 1 About the Sustainability Commission
The City Council created the Sustainability C ommission in 2014, and the C ommission held the first meeting on February 23, 2015. Shortly after , the Commission created the following mission statement:

The Indio Sustainability Commission is dedicated to contributing to a clean and healthy environment, preserving cultural and historic resources , promoting community engagement and creating a thriving economy.

In 2020, The City Council approved Ordinance 1750 which included § 32.12 Sustainability Commission Establishment and Duties that specifically tasked the commission to develop and recommend for adoption by the City Council a Sustainability Plan. The Commissioners understood that sustainability is a vast and complex target, and that learning from experts is an important part of building sustainability programs and plans.

With that understanding there have been many distinguished speakers from different organizations throughout the course of the Commission meetings including the Coachella Valley Association of Governments, Electrify America, Global Green, students from Indio High School, SoCalGas, GRID Alternatives and CalRecycle.

The C ommission actively considers projects, grants, partnerships and policy recommendations that advance sustainability goals.

Commissioners
Chair David Getka
Vice Chair Anetha Lue
Commissioner Celina Jimenez
Commissioner Sandra Verdugo
Commissioner Pete Chryss

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 341 of 381 2 Community and Sustainable Cities
This plan update underscores the commission’s commitment to communication as a fundamental principle of sustainability. Sustainability commissioners recognize that education and outreach are essential for strengthening the partnership between municipal programs and residents. Clear guidance, accessible resources, and effective education ensure that residents are aware of available programs and can fully participate. At the same time, residents play a vital role in driving changes through recycling, conservi ng energy and water, reducing waste, and supporting green initiatives.

City governments are uniquely positioned to advance sustainability by directly influencing key areas such as green spaces, tree canopies, waste management, and water conservation. Through supportive policies and infrastructure, including water -saving incentives, the Shop Local initiative, and the Indio Lindo beautification program, the city makes sustainable choices more accessible and impactful.

Sustainability is driven by small, everyday choices—turning off lights, reducing single-use plastics, conserving water, or shopping locally. While these actions may seem minor on their own, their collective impact is powerful. When individuals make sustainable choices, they drive demand for greener products, influence policy changes, and inspire others to do the same. Over time, these efforts add up, reducing carbon footprints, improving air quality, and preserving natural resources.

Education is central to this collaboration and should be a two-way dialogue. City outreach should include opportunity for resident feedback used to refine sustainability programs, ensuring they remain effective and relevant. Resident feedback is essential in prioritizing sustainability efforts, ensuring that initiatives align with the real needs and concerns of the community. Engaging directly with residents allows for a deeper understanding of local environmental challenges and helps shape more effective, equitable solutions.

Commissioners have advised that this year, the Plan should include a stronger focus on resident input and to more fully integrate this into future work plans. Without structured mechanisms to incorporate community perspectives, sustainability efforts risk overlooking key priorities or missing opportunities for greater impact. Moving forward, it is crucial to create meaningful pathways for resident voices to guide decision- making, ensuring that sustainability initiatives truly serve those they aim to benefit.

Lasting change depends on collective action. By working together, the city and its residents can reduce carbon footprints, improve air quality, and build a healthier, more resilient environment.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 342 of 381 3 Process
The commission began the process of developing a Sustainability Plan by considering other plans that have been developed for the City including the General Pl an 2040, Climate Action Plan and Complete Streets. These plans have been through robust public engagement and contain multiple actions that affect sustainability in Indio either directly or indirectly. The first Sustainability Plan was approved by City Council on October 5, 2023.

This plan lists possible projects to move toward sustainability and these projects are a mix of actions taken from these previous city plans and ideas discussed in the commission. Where actions are taken directly from previous plans that have been adopted by the city, a reference to that plan is included using the following notations:

CAP Climate Action Plan
GPU General Plan 2040
CS Complete Streets
TCC Transformative Climate Communities Plan
LHMP Local Hazard Mitigation Plan

New regulations that mandate food waste diversion, renewable energy standards and water conservation goals were also considered. Although these measures are mandated, they advance the city toward sustainability and require strategy, time and investment.

Sustainability Plan
Regulations
Hazardous
Mitigation
Plan
General
Plan
Update

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 343 of 381 4 Partnerships and Collaborating Efforts

The Sustainability Commission recognizes that partnerships with other organizations working on similar initiatives enhances city efforts. This Plan is meant to compile sustainability efforts as well as provide goals and visions for a sustainable city.

Incorporating parallel efforts toward sustainability from outside entities is essential in understanding and incorporating new science and innovative solutions for sustainability .

The Commission follows and considers the work of many organizations including:

AB617 addresses air pollution impacts in environmental justice communities including the Eastern Coachella Valley (ECV). The ECV community produced the Community Emissions Reduction Plan in 2021.

Clean Cities Coachella Valley hosted by SunLine Transit Agency

C40 Cities provide information and showcase solutions that cities are implementing to limit climate change.

SB375 prompts California regions to work together to reduce greenhouse gas emissions from cars and light trucks.

Happy Earth Day

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 344 of 381 5 The Coachella Valley Association of Governments works with all member organizations on projects including traffic signal synchronization and street sweeping.

The Sustainability Commissioners have been active shaping the process, information and collaborative efforts that affect this Plan. Commissioner s are involved with other organizations such as the local AB617 Steering Committee, Valley Sanitary District , IID, other local cities and community-based organizations. They proactively take educational classes and tours and share information during meetings. In addition, the Commissioners continually work to suggest speakers and connect with other organizations that can inform this work plan and the projects
.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 345 of 381 6 Local Risks
Extreme Heat
Indio has been experiencing a progressive increase in the number of extreme heat days per year, with temperatures on those days often exceeding the local extreme heat threshold of 112.1°F. The heat, especially when combined with other aspects of Indio’s desert environment, pose significant risks to health, safety and infrastructure. The Local Hazard Mitigation Plan provides more in -depth information on extreme heat. “With temperatures soaring to sweltering levels for more than half of the year, Indio's residents must cope with the health risks posed by prolonged exposure to high heat. Furthermore, the limited precipitation throughout the year puts the city at risk of drought, potentially impacting water availability for essential needs. Additionally, the prevalence of high winds, particularly during certain months, poses a threat to the stability of structures and outdoor activities.” (Visyak, 202 3) Indio and surrounding areas comprise a unique urbanized desert area where increased heat is a critical local risk.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 346 of 381 7 Drought
Water resources are an important consideration, especially in a desert region. As climate change alters precipitation patterns, sustainable water becomes more and more critical.

This Plan includes a chapter on water resources however, more in depth water resource management can be found in the 2022 Indio Subbasin Water Management Plan Update and the 2018 Coachella Valley Integrated Regional Water Management and Stormwater Resource Plan. In Indio, water is a vital risk factor for sustainability.

Flood
Rain in the desert is always appreciated; however, local flood risks are a reality that requires consideration. The City of Indio experiences flooding challenges due to specific problem areas within its urban environment. These issues stem from the complex interaction between roadways, flood control channels, and stormwater drains, which complicates the management of runoff during heavy rainfall . (Visyak, 2023 ) As climate change affects weather patterns, heavy rain fall and periods of drought become less predictable and arrive more frequently. Air Quality Indio is located within the South Coast Air Quality Management District (SCAQMD) which is the agency responsible for improving air quality in parts of Los Angeles, Orange, Riverside and San Bernardino counties. The U.S. Environmental Protection Agency sets national ambient air quality standards (NAAQS) for some air pollutants and air quality districts must meet the standards or execute an approved plan to meet the standards within specific time frames.

Air Quality
The Coachella Valley meets most NAAQS however, this area Valley is in extreme nonattainment for the 1997 8- hour O zone standard of 0.08 ppm despite significant improvements over the years. Gas and diesel powered vehicles emit nitrogen oxides (NOx) and volatile organic compounds (VOCs) that mix with heat and sunlight to produce Ozone. Reducing vehicle emissions is an effective way to lower Ozone pollution, however, t he primary source of the ozone pollution detected in the Coachella Valley emanates from the South Coast Air Basin and is blown into the Valley by prevailing winds. (South Coast AQMD, 2020)

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 347 of 381 8 Limitations of the Plan

Sustainability touches nearly every aspect of city operations and extends well beyond municipal boundaries. The United Nations Sustainable Development Goals (SDGs) outline 17 interconnected global objectives, including ending poverty, ensuring quality education, and achieving zero hunger and this reflects the broad scope of sustainability.

Throughout the development of this Plan, Commissioners have explored a wide range of issues, including the unequal impacts of climate change, affordable housing, and the wellbeing of both wild and domesticated animals. While these are critical components of sustainability, this Plan remains intentionally focused to align with the Commission’s scope and priorities. As such, it does not provide recommendations for every sustainability-related issue.

However, this narrower focus does not constrain the City’s broader sustainability efforts.

Many of the topics raised by the Commission are being addressed through the City’s General Plan Update and other planning efforts. All City departments share both the opportunity and responsibility to pursue initiatives that advance sustainability across the community.

United Nations. (n.d.). Sustainable Development Goals. Retrieved from United Nations:
https://www.un.org/sustainabledevelopment/news/communications-material/

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 348 of 381 9 Framework
The commission considered outlines and information from several other sustainability and climate actions plans including the Los Angeles Green New Deal, Palm S prings Sustainability Plan and the Michigan Climate Action Plan A2Zero.

After careful consideration, the commission agreed on an outline that is very close to the Indio Climate Action Plan with five primary goals that organize the Plan, however, many of the projects can achieve more than one goal. Through the years, the commission identified an increasing importance in outreach and resiliency, and these are added to the goals in this update. The seven goals are:

1. Clean Energy

2. Low Greenhouse Gas Environment

3. Zero Waste

4. Water Resources

5. Sustainable Environment, Land Use and Transportation

6. Outreach

7. Resiliency and Mitigation
For each main goal, the Plan includes a chapter with information about objectives and projects. Accomplishments that the city has already made toward those goals are also included. Sustainability cannot be achieved through city efforts alone and there are many Indio residents who are involved in sustainability efforts . To increase these efforts, the plan also includes information on what residents can do to support the seven goals.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 349 of 381 10 Goal 1: Clean Energy
Objectives:

Increase Local Renewable Energy Generation
Mandates:

SB100 California Clean Energy Bill sets goal of 100 percent renewable energy by 2045.

This mandate does not directly affect the city however, it does effectively decrease greenhouse gas emissions from the city.

Potential Projects
• Residential Solar (CAP) (TCC)
• Commercial Solar (CAP) (TCC)
• Update Community Greenhouse Gas Inventory
• Update the municipal Greenhouse Gas Inventory
• Increase solar energy use in city facilities
• Purchase Soofa Signs
• Purchase/Provide shade structures with solar panels at local schools • Support renewable natural gas

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 350 of 381 11 What residents can do:

Plant Shade Trees (LHMP)
Consider moving from gas appliances to electric appliances Conserve Water

Clean Energy Accomplishments
• Solar panels at City Hall, Teen Center, IWA Facilities • EV Arc to power fleet zero emission vehicles
• Partnership with GRID Alternatives
• Soofa Solar Bench at Indio High School
• Food Waste to Biogas Study
• Community Greenhouse Gas Update that showed a 26 percent GHG reduction in community emissions resulting in a Beacon Spotlight Award from the Institute of Local Government.

Annual Work Plan

Annual Work Plan
Inland Regional Energy
Network
CVAG Comprehensive Climate
Action Plan

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 351 of 381 12 Economic development and sustainability are deeply interconnected. Sustainable practices lay the foundation for long- term economic growth by conserving resources, reducing waste, and fostering innovation. By integrating sustainability into economic strategies, businesses and governments can create resilient economies that support communities while pro tecting the environment. Shop Local programs not only support businesses, it also results in a lower carbon footprint as through less miles traveled by purchasers and many times through suppliers as well.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 352 of 381 13 Goal 2: Low Greenhouse Gas Environment
Objectives:

Decrease greenhouse gas emissions and increase EV charging infrastructure Mandates:

AB1236 requires all cities and counties to develop an expedited, streamlined permitting process for all levels of EV charging stations
Green Building Codes provide
Potential Projects
• Provide more public EV charging stations
• Green Rental Housing Program
• Weatherization Programs for current housing stock
• Energy Efficiency Education for Businesses (CAP)
• Low income Weatherization Plan (CAP)
• Commit to EV charging stations at City Facilities
• Free Tree Program for private areas, residential and commercial • Conduct outreach regarding existing rebate programs
To purchase Zero-Emission Vehicles

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 353 of 381 14 What residents can do
Insulate windows and doors
Consider purchasing an electric vehicle
Turn your thermostat up one degree in the summer

Low Greenhouse Gas Environment Accomplishments
• Upgrades at City Hall (HVAC, Lighting, Software)
• Streetlight LED replacement
• Bigbelly smart solar waste and recycling receptacles
• Partnership with GRID Alternatives
• Complete a Greenhouse Gas Inventory 2010 and a Greenhouse Gas Inventory Update (2016)
• City employee 9/80 schedule reduced VMT (Vehicle Miles Traveled) • Property Assessed Clean Energy Financing
• Create a “Shop Local” campaign

Annual Work Plan
Install EV chargers at New City
Hall and Golf Course

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 354 of 381 15 Goal 3: Zero Waste
Objectives:

Reduce materials that are landfilled through increased recycling and source reduction Facilitate a circular economy to keep materials in use longer Provide strategic and effective communication and outreach for proper waste management.

Mandates:

SB1383 Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions.

Local governments must provide organic waste collection to all residents and businesses without resident or business subscribing to the service. The city must conduct outreach to all stakeholders to support moving clean organic waste to reuse rather than to the landfill. In addition there are record keeping, inspection and enforcement requirements.

AB1826 Mandatory Commercial Organics Recycling
Requires commercial facilities that generate 4 cu yards of waste per week shall arrange for organics recycling (green waste is included as organic waste)

AB341 Mandatory Commercial Recycling
Requires commercial facilities that generate 4 cu yards of waste per week to arrange for recycling

Potential Projects
• Special Event Waste Diversion (GPU)
• Create a Litter Abatement Program
• Hold Zero Waste Challenge
• Partner with Riverside County to have a
permanent household hazardous waste
collection site in Indio.
• Establish a Commercial Ambassador
Pilot Program or integrate with GPU
Table 12- 4 number 2, Establish and
implement an annual business visitation
program.

Annual Work Plan
Hold sustainability collection
events
TRUE zero waste for
commercial facilities

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 355 of 381 16 This program would bring varied regulations and sustainability efforts into a more efficient platform. Many commercial facilities require storm water inspections and will soon require waste inspections. Compliance requirements can be brought together into one annual visit that also supports sustainability and builds positive business relations by including water and energy conservation tips. • Start Food Waste Diversion Program at Senior Center
What residents can do:

Put only clean dry items in the recycle bin

Check out the Indio website for more information on what is recyclable

Dispose of food waste in the green bin to be processed into compost

Bring your household hazardous waste (HHW) to a
Riverside County HHW collection event

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 356 of 381 17 Zero Waste Accomplishments
• Sustainability Collection Events (oil, oil filters , compost exchange, shredding, electronic waste and waste tires)
• Household Hazardous Collection events
• Install bottle filling stations at parks and city facilities • Single-use Plastic Bag Ban
• Provide waste and recycling containers to schools and businesses • Reusable utensil giveaways

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 357 of 381 18 Goal 4: Conserve Water Resources and Ensure a Sustainable Water Supply
Objectives:

Promote water use efficiency and conservation efforts through outreach and incentives.

Work with regional water agency agencies for consistent conservation messaging throughout the Coachella Valley.

Mandates:

Making Conservation a California Way of Life Regulation

Effective January 1, 2025, t hese regulations apply to urban water suppliers such as the Indio Water Authority and aim to increase water efficiency and reduce the need for emergency water restrictions during droughts. It requires urban water suppliers to annually calculate and comply with urban water use objectives, carry out commercial, industrial and institutional performance measures and provide progress reports. The regulation is expected to reduce inefficient water use in the urban sector.

SB 555

Senate Bill 555 was adopted during a
drought in 2015 and requires urban retail
water suppliers like the Indio Water
Authority to complete water loss audits
that estimate how much water is lost from
the system through leaks or breaks.

Water suppliers can increase water
supply by reducing water loss. Individual
water loss standards have been
developed for each urban retailer and
those standards must be met by 2028.

Non-Functional Turf Bill AB1572

The bill was passed to reduce water
waste and promote water conservation.

This California law prohibits drinking
water from being used to irrigate non-

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 358 of 381 19 functional turf on commercial, industrial, and institutional properties (excludes watering of trees). The ban takes effect in stages for CII landscapes. Those stages are:

a. 2027 - Properties owned by local governments
b. 2028 - Commercial and industrial properties
c. 2029 - Common areas of homeowners’ associations
d. 2031 – Properties owned by local governments in disadvantaged communities or when state funding for turf replacement is available

Potential Projects:

• Explore recycling water project in partnership with the East Valley Reclamation Authority.

What residents can do:

Remove turf and replace with drought tolerant
landscaping (rebates are available).

Replace indoor and outdoor appliances with
water efficient toilets, clothes washers, and/or
smart irrigation controllers (rebates are
available).

Eliminate water waste (e.g. avoid excess
water runoff to sidewalks and walkways)
Fix indoor and outdoor leaks as soon as
possible.

Register to be a Dropcountr user. Dropcountr
is a free online portal for customers to view
their water usage, receive alerts, and pay bills
online.

Visit the Indio Water Authority website
(www.indiowater.org) to learn about current
rebates and conservation tips.

Annual Work Plan
Promote water conservation,
continue to offer rebate
incentives and conduct
strategic outreach.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 359 of 381 20 Conserve Water Resources Accomplishments
• Secured grant funding to support conservation rebate programs. • Prepared and adopted the Water Shortage Contingency Plan, which outlines how the City of Indio will respond in the event of a water shortage. • Completed the annual WY21-22 Indio Subbasin report, which summarizes water storage levels in the basin. Data s hows the region’s ongoing programs for source substitution and water conservation measures continue to help restore groundwater levels, despite reduced State Water Project deliveries due to climate change this past year. • Coordinated conservation messaging via CV Water Counts to ensure consistent regional messaging with water agencies in the Coachella Valley.

Messaging avenues include dedicated the annual CV Water Counts Academy, dedicated website, billboards, ads, and newsletter. • In-person outreach at various community events and regular messaging via bill inserts to promote water conservation and rebates. • Launch of a new customer engagement portal, Dropcountr, for customers to view water usage, receive alerts and pay bill online. A mobile app is a new feature for customer use.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 360 of 381 21 The most direct connection between cities and sustainability can be seen through natural resources, such as water. The Indio Water Authority has the responsibility to provide clean, reliable and safe water as the city expands and maintain long term water supply. It is an especially complex task in a desert region. IWA does this through robust conservation programs and cooperation with other local water providers. The Indio Subbasin Annual Report highlights some of the planning that IWA and other regional water providers do in cooperation to ensure a long-term reliable water supply.

You can access the full report at Indio Subbasin SGMA

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 361 of 381 22 Goal 5: Sustainable Environment, Land Use and Transportation Objectives:

Increase safe bike lanes and other aspects of complete streets (GPU) Build a cultural connection to the importance of caring for land/environment (similar to water) through outreach and art.

Mandates:

Executive Order N -79-20 directs state to require that, by 2035, all new cars and passenger trucks sold in California be zero emission vehicles.

Potential Projects:
• Complete Amtrak Station
• New Hire Packet for city employees with Sustainability Information and Contact for Innovative Ideas or Suggestions.
• Create a Map of Bike and Electric Vehicle Lanes
• Develop a Health Resources Inventory (GPU)
• Urban Agriculture (GPU)
• Host a Hike on the Indio Trail for National
Trails Day
• Consider Light Pollution Policy
Recommendation

What residents can do:

Consider using active transportation for your next
trip to the store or to see a friend.

Volunteer with Indio Lindo

Plant trees and plants that support pollinator species

Annual Work

Increase bike lanes
per Complete Streets
Master Plan

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 362 of 381 23 Sustainable Environment, Land Use and Transportation Accomplishments • Complete Streets and Drainage Master Plan
• Traffic light Synchronization Projects
• Safe Routes to Schools Master Plan
• General Plan 2040
• Transformative Climate Communities Planning Grant
• Added 14 center line miles of bike lanes in the last three years • Indio Lindo
• Clean California Grant

Indio Lindo is a formal beautification program proudly led by the City of Indio, devoted to enhancing the city's aesthetic appeal and fostering a deep sense of community pride.

One reason people move to Indio is to enjoy a higher quality of life. As the City continues to grow, Indio prioritizes a clean and healthy environment through the Indio Lindo Program. This program includes quality of life programs such as community and park clean-ups which reduce litter. Litter pollution can cause havoc to wildlife that can be entangled in it or digest it. A clean environment is a cornerstone of quality of life and sustainability.

Quality of Life Programs:
• Community Clean-Ups
• Park Clean-Ups
• Volunteer Program
• Trash Enclosure Program
• Building Beautification Program
• Public Education & School Promotion

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 363 of 381 24 Goal 6 Outreach and Communication
Objectives:

Increase awareness and promote participation in sustainability programs Foster collaboration between stakeholders
Inspire future generations
Showcase success stories and demonstrate sustainability benefits Use data and feedback to improve sustainability efforts

Potential Projects
• Create an Indio Sustainability Commission
High School Student Ambassador position.
• Participate and exhibit at the upcoming 2025
Indio “State of City” event and future annual
events with a Sustainability Exhibit table
• Create an annual Indio Sustainability Award
for a local business and a utility company to
be awarded at the annual “State of the City”
event.
• Future Indio School Contest
• Produce a Sustainability Report with
integrated metrics and data

What residents can do:

Attend a sustainability commission meeting or submit comments Recycle
Volunteer with Indio Lindo
Don’t litter

Annual Work Plan
Expand and Enhance
Sustainability Website Information
Burrtec Brochure
Targeted outreach at Food Truck
Fridays and Farmers Market
Earth Day
Update city Council in April

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 364 of 381 25 Goal 7 Resiliency and Mitigation
Objectives:

Promote Sustainable Land Use and Development (LMHP)
Address Climate Change Resilience (LMHP)
Build Resilience in Low-Income Communities (LMHP)
Promote Sustainable Building Practices (LMHP)

Potential Projects:
• Sustainable building/construction (LHMP)
• Increase Shade

What residents can do:

Make or purchase an emergency kit

Attend community emergency response team (CERT) training

Plant Native Trees

Resiliency and Mitigation Accomplishments
• Provide cooling centers
• Complete Local Hazardous Mitigation Plan
• Provide community emergency response team training (CERT)

Annual Work

Partner with IID to host
residential tree give
away events.

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 365 of 381 26 Sustainability Calendar 2025

January 5 National Bird Day
February 22 Indio Trails Day
March

22 World Water Day

April

22 Earth Day

May

16 Bike to Work Day

June

8 World Oceans Day

July 14 Indio Zero Waste Day
August

16 National Honey Bee Day

September

21 Zero Emissions Day

October

24 International Day of Climate Action

November

15 National Recycle Day

December 4 Wildlife Conservation Day

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 366 of 381 27 Work Plan Table

Project Status
Learn about microgrids, digesters, solar , and
other renewable energy options On-going
Work with Inland Regional Energy Network
(IREN) On-going
Install EV chargers at City Hall and Golf Course New
Increase Bike Lanes On-going
Hold Sustainability Collection Events On-going
Participate in CVAG Regional Comprehensive
Climate Action Plan New
TRUE Zero Waste Initiatives for Commercial
sector New
Water Conservation Efforts On-going
City Beautification Indio Lindo On-going
Sustainable Construction New
Booth at Food Truck Fridays/Farmers Market As Needed
Improve sustainability web pages on Indio
website New
EcoHero Shows to Indio Schools and custom
anti-litter comic book On-going
Form Partnerships with non-profits On-going
Earth Day Project New
Develop Burrtec Brochure New

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 367 of 381 28 Works Cited
South Coast AQMD. (2020). Coachella Valley Extreme Area Plan for the 1997 8-hour Ozone Standard Fact Sheet. Retrieved from South Coast Air quality Management District:
http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/2022-air- quality-management-plan/coachella-valley-ozone-plan-fact-sheet-091420.pdf?sfvrsn=21 United Nations, n.d. Retrieved from Communications materials - United Nations Sustainable Development Visyak, Scott. January 1, 2023. Local Hazard Mitigation Plan. City of Indio. Retrieved from https://indio.civicweb.net/document/176973/Resolution%20No.%2010468%20- %20Local%20Hazard%20Mitigation%20.pdf?handle=BE01E6F242B24783B8C7F4C68DEB18A1

Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 368 of 381 City of Indio
City Council
September 17, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Conflict: Yes Member: Elaine Holmes
Subject: Year Fiscal for Plan Work Public Arts the approve and Review Indio 2025/2026 ("the Plan"), as recommended by the Public Arts Commission.

RECOMMENDATION:

Staff recommends that the City Council review and approve the Indio Public Arts Work Plan for Fiscal the and Commission, Arts Public by as Plan"), ("the 2025/2026 Year recommended appropriate a total of $209,000 for its implementation.

SUMMARY:

The Indio Public Arts Work Plan for Fiscal Year 2025/2026 outlines a strategic, community-driven approach to expanding and implementing public art projects throughout the City. The Plan seeks to strengthen Indio’s cultural identity, activate public spaces, support local artists, and promote accessibility and engagement in the arts across all neighborhoods. On July 8, 2025, the Indio Public Arts Commission reviewed the proposed Work Plan, removed Project # 4 – Monroe Street and Highway 111 – and voted to recommend City Council approval of the revised Plan. In addition, the Commission recommended appropriating a total budget of $209,000 to support the implementation of the FY 2025/2026 Public Arts Work Plan. The complete Work Plan is included as Attachment A to this report. A summary of its key components is provided in the following section. The City of Indio established the Public Arts Program to enhance the quality of life for residents and visitors through the integration of public art in civic spaces. Each fiscal year, the Public Arts Commission adopts a work plan that guides art-related investments and initiatives. The FY 2025/2026 Work Plan builds on the success of previous years and incorporates lessons learned, updated priorities, and new opportunities for partnerships and funding. Therefore, staff requests that the City Council review and approve the Indio Public Arts Work Plan for Fiscal Year 2025/2026 (“the Plan”), as recommended by the Public Arts Commission, and appropriate a total of $209,000 for its implementation.

BACKGROUND INFORMATION:

The Indio Public Arts Work Plan for Fiscal Year 2025/2026 outlines a comprehensive strategy for implementing both ongoing and new public art projects throughout the City. The Work Plan, developed continued City’s the reflects Arts, Public in the with collaboration staff by Indio commitment to celebrating local culture, fostering civic pride, enhancing public spaces, and supporting regional artists.

A. Overview
AGENDA ITEM #12.4
Review and approve the Indio Public Arts Work Plan for Fiscal Year 2025/... Page 369 of 381 The Work Plan includes:

 Five (5) completed projects in FY 2024/2025, totaling $524,894.  Six (6) carry-over projects from previous fiscal years, totaling $558,800.  Five (5) new projects proposed for FY 2025/2026, totaling $209,000.  Total combined project budget: $765,800.

All projects will be implemented based on funding availability and established priorities. Any proposed changes in budget or scope must be reviewed by the Public Arts Commission and approved by the City Council.

B. Completed Projects in FY 2024/2025

During Fiscal Year 2024/2025, the City completed five (5) key public art projects, totaling approximately $524,894 in approved funding:

1. Desert Tortoise Project — Approved for $125,000 and completed on January 30, 2025.

2. Desi Memorial Mural — Approved for $85,000 and completed in September 2025.

3. Augmented Reality (AR) for Desi Memorial Mural — Approved for $20,000 and completed in October 2025.

4. Mural Conservation Plan — Approved for $170,474, focusing on immediate conservation and restoration of nine murals. Immediate work was completed by May 10, 2025, with future efforts planned as needed. To date, $159,894 has been expended.

Alley Activation Project — Approved for $135,000, including a glow-in-the-dark mural, split lights, and illuminated benches; completed on April 10, 2025.

C. Carry-Over Projects

Carry-over projects that are continuing into the new fiscal year include:

1. 9/11 Memorial – pending relocation and revised budget ($155,000).

2. Fred Waring Mural – delayed due to artist visa processing ($47,300).

3. Shields Park Sculpture – pending contract finalization ($102,000).

4. Bravo Project – in progress; contractor selection underway ($127,000).

5. Indio Mural #16 – approved for mural, lighting, and traffic safety needs ($72,500).

6. Center Stage Mural – approved and budgeted for implementation ($55,000).

Total cost for the carryover projects will be $558,800.

D. New Projects (FY 2025/2026)
Five (5) new projects are proposed, focused on neighborhood enhancement, cultural preservation, and community beautification:

1. Indio Oasis Mural – Mural installation at 45013 Oasis Street ($34,000).

2. Coachella Valley History Museum – Public art within the museum grounds ($31,000+).

3. John Nobles Neighborhood Mural – Community mural along a perimeter wall ($62,000).

4. Monroe Street & Highway 111 – Decorative railing and sculpture at a key intersection ($49,000), which was removed by the Public Arts Commission.

5. Park Restroom Murals – Beautification effort at multiple City parks ($38,000).

Total cost for the above five (5) new projects is $209,000.

E. Additional Initiatives

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 Goldenvoice Art Acquisition: The Plan allows for the potential purchase of large-scale artwork exhibited at the Coachella Valley Music and Arts Festival, subject to funding and approval.
 QR Code Signage: The City is evaluating standardized signage for each public art piece, potentially integrating interactive elements such as QR codes.

F. Environmental Consideration

Under CEQA Guidelines Section 15378(b)(2), the activities described in the Work Plan are not considered a “project” and are therefore exempt from environmental review.

G. Implementation & Oversight

Staff Commission. Arts Public the with Budget in implementation oversee will coordination adjustments or changes in project scope will require formal recommendation from the Commission and approval by the City Manager or City Council.

H. Maintenance and Conservation

 Conduct condition assessments of existing public art assets and prioritize restoration efforts for aging or damaged works.
 Allocate dedicated funds for ongoing maintenance to protect city investments and ensure long-term sustainability.

Based on the foregoing, staff requests that the City Council review and approve the Indio Public Arts Work Plan for Fiscal Year 2025/2026 (“the Plan”), as recommended by the Public Arts Commission, and appropriate a total of $209,000 for its implementation.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$209,000 In current year budget: Yes
Current FY General
Fund Impact:

None Budget adjustment: No
Next FY Financial
Impact:

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

ALTERNATIVES:

1. Refer the Work Plan back to the Public Arts Commission for reconsideration.

2. Refer the Work Plan back to staff to include additional information as requested by the City Council.

3. Approve the Work Plan with the inclusion of New Project #4 – Monroe Street & Highway 111.

ATTACHMENTS:

Draft Pubilc Arts Work Plan FY25-26

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APPROVAL(S):

Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 12 Aug 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 12 Aug 2025 Ruby D. Walla, Director of Finance Approved - 13 Aug 2025 Bryan H. Montgomery, City Manager Approved - 13 Aug 2025

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Leila Namvar

City of Indio Public Arts
Draft
Public Arts Work Plan-FY 25/26

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Draft Public Arts Work Plan FY 25/26

SUMMARY
The Draft Public Arts Work Plan FY 25/26 (“the Plan”) outlines carry-over from the previous year(s) and five (5) new project for FY 25/26.

The overall budget for this Work Plan is $ 765,800, covering six (6) approved projects and five (5) new projects. Projects will be executed based on available funds and priority. Any budgetary changes will require review by the Public Arts Commission and approval by the City Council, as recommended by the Public Arts Commission to the City Manager and/or City Council.

BACKGROUND
The City of Indio recognizes the valuable role that public art plays in enhancing the quality of life in the community. Public arts have the power to transform a space into an active environment to inspire community engagement and celebrate the unique character of Indio. Public art projects are a great tool to build stronger connections between people in the community that could result in community-gathering places.

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

The Plan focuses on clear visionary directions and decision- making processes for the Program.

This proposed work plan will focus on prioritizing artists based in Indio and the greater Coachella Valley. To achieve this, the City will circulate a Request for Qualifications (RFQ) aimed at building a database of local artists eligible for direct commissions. This approach will not only streamline the timeline from project initiation to completion but also reinforce the City’s commitment to recognizing and supporting local artistic talent.

Any budgetary changes to the plan will be recommended by the Public Arts Commission to the City Manager and/or the City Council for review and approval.

ENVIRONMENTAL CONSIDERATIONS
Under the California Environmental Quality Act (CEQA), continuing administrative activities, such as what is recommended in the Plan do not constitute a “project.” [CEQA Guidelines section 15378(b)(2)]

Completed Project (FY 24/25)

1. Desert Tortoise: On February 7, 2023, the City Council approved the project for

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Draft Public Arts Work Plan FY 25/26
the amount of $125,000. The project has been completed on January 30, 2025.

2. Desi Memorial Mural: On March 1, 2023, the City Council approved the above noted project for the amount of $85,000. The project is completed in September 2025.

3. AR for Desie Memorial Mural: On November 15, 2023, the City Council approved the project for the amount of $20,000. The project is completed in October 2025.

4. Mural Conservation Plan: O n August 21, 2023, the City Council approved a comprehensive mural conservation and restoration plan for a total budget of $170,474 to cover immediate conservation and restoration efforts for nine murals, with an amount of $148,794 allocated for the work, and $21,680. The immediate conservation and restoration have been completed on May 10, 2025.

The future conservation and restoration will be performed as need. So far, the City has expended $159,894.

5. Alley Activation Project (including three components): On August 16, 2023, the City Council approved the project, which includes three components: a glow -in- the-dark mural, split lights, and illuminated benches for total cost of $135,000.

The project has been completed on April 10, 2025.

Total cost for the above project that has been paid to the artists is $524,894.

Carry Over Projects FY 24/25:

The Public Arts Commission acknowledges the following ongoing projects that will carry over from the previous year.

1. 9/11 Memorial: On August 16, 2023, the City Council approved the project with a total budget of $13 0,000. However, the project will be delayed due to a requested change in location by the City Council. A new location has yet to be identified by staff and approved by the Council. Please note that the overall cost may increase (as a result of the relocation) by about $20,000 . The project maintenance will be $5,000 (total cost $155,000)

2. Fred Waring Mural: On March 1, 2023, the City Council approved the project . The project has been delayed due to the artist needing to obtain a work visa. The approved budget includes $30,000 for mural installation and $15,000 for a traffic

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Draft Public Arts Work Plan FY 25/26
control plan. Additionally, there will be an annual maintenance cost of $2,300. (total $47,300).

3. Shields Park Sculpture: On February 14, 202, the City Council approved the project.

The project has been delayed due to budget preparation for FY 24/25 and now working on getting the contract finalized to start the work. The total cost for this project is $100,000. Additionally, there will be an annual maintenance cost of $2,000 (total $102,000).

4. Bravo Project: On September 18, 2023, the City Council a pproved the project. The artist is working on the project and currently is working to hire a general contractor to start the constipation. The total approved budget for this project is $125,000.

Additionally, there will be an annual maintenance cost of $2,000 (total: $127,000).

5. Indio Mural #16 (Jackson and Ave 45): This project was approved on February 13, 2024, for the amount of $50,000 and a $10,000 for lighting. The traffic control and maintenance for the project respect will be $10,000 and $2,500 (total: $72,500).

6. Center stage Mural: On March 19, 2025, the project was approved by the City Council for the amount of $50,000. The maintenance will be $5,000 (total $55,000).

Total cost for the carryover projects will be $558,800.

New Project for FY 25/26:

1- Indio Oasis Mural: To install a new mural on the building.

I. Theme: TBD.

II. Budget: The overall expected budget is $30,000.

III. Artist Selection Method: Direct Commission
IV. Location: 45013 Oasis Street
V. Anticipated Timeline: three (3) months.

VI. Traffic Control Plan: $2,000
VII. Maintenance: $2,000
VIII. Total cost: $34,000

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Draft Public Arts Work Plan FY 25/26

2- Coachella Valley History Museum: To provide partial funding for a mural and/or a sculpture within the Museum.

I. Theme: TBD.

II. Budget: The overall expected budget is $25,000.

III. Artist Selection Method: Direct Commission
IV. Location: Coachella Valley History Museum at 82616 Miles Avenue V. Anticipated Timeline: six (6) months.

VI. Traffic Control Plan: N/A
VII. Maintenance: $6,000
VIII. Total cost: over $31,000

3- John Nobles Project: To install a mural on the perimeter wall within the John Nobles neighborhood.

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Draft Public Arts Work Plan FY 25/26
I. Theme: TBD.

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

III. Artist Selection Method: Direct Commission
IV. Location: John Nobles, between Morone Street and Arabia Street V. Anticipated Timeline: four (4) months.

VI. Traffic Control Plan: $5,000
VII. Maintenance: $7,000
VIII. Total cost: $62,000

4- Monroe & HWY 111: To inst all a decorative railing and a sculpture within the landscape area south of the bank. This project was removed by the Public Arts Commission.

I. Theme: TBD.

II. Budget: The overall expected budget is $40,000.

III. Artist Selection Method: RFP

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Draft Public Arts Work Plan FY 25/26
IV. Location: Northwest and northeast of Monroe and Highway 111 V. Anticipated Timeline: three (3) months.

VI. Traffic Control Plan: $5,000
VII. Maintenance: $4,000
VIII. Total cost: $49,000

5- Park Restrooms Project: To install murals on the restroom buildings of within Jackson Park, Dr. Carreon Park, Miels Avenue Park to discourage graffiti.

I. Theme: Abstract
II. Budget: The overall expected budget is $30,000.

III. Artist Selection Method: Direct Commission
IV. Location: Jackson Park, Dr. Carreon Park, Miels Avenue Park V. Anticipated Timeline: three (3) months.

VI. Traffic Control Plan: $2,000
VII. Maintenance: $6,000
VIII. Total cost: $38,000

6- Golden Voice Artwork Loan: Each year, the Indio Public Arts Workplan shall include

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Draft Public Arts Work Plan FY 25/26
provisions for the acquisition of artwork from Goldenvoice, specifically works utilized at the annual Coachella Valley Music and Arts Festival. The purchase of such artwork shall be contingent upon the prior approval of the Public Arts Commission and the appropriation of funds by the City Council, in accordance with the City’s Public Arts Fund and the Arts in Public Places Program. Following the receipt of the necessary approvals, City staff shall be responsible for the initial selection of artwork, ensuring that such selections comply with the criteria established by the City’s Arts in Public Places Program and align with the City’s broader priorities and objectives for public art.

7- It should be noted that the City is currently exploring the development of uniform signage incorporating QR codes for each artwork. Depending on the design requirements—specifically, whether the signage is considered a standalone artistic element designed by an artist or a standard fabrication by a general vendor —the associated costs may or may not be eligible for coverage under the Public Art Fund.

Alternative funding sources may be utilized as deemed appropriate.

Total cost for the above five (5) new projects is $209,000 that is detailed in the table below.

# Project Budget Traffic Control Maintenance

1 Indio Flower Shop
Building Mural

$25,000 $2,000 $2,000
2 Coachella Valley History
Museum

$25,000 N/A $6,000
3 John Nobles Mural

$50,000 $5,000 $7,000
4 Monroe & HWY 111
(railing and interactive
sculpture)

$40,000 $5,000 $4,000
5 Park Restrooms Mural

$30,000 $2,000 $6,000
6 Sum of Breakdown $170,000 $14,000 $25,000

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Draft Public Arts Work Plan FY 25/26
7 Total Cost $209,000

TOTAL ANTICIPATED BUDGET FOR THE NEW PROJECTS : The overall budget for this Work Plan is $209,000, for five (5) new projects. Projects will be executed based on available funds and priority. Any budgetary changes will require review by the Public Arts Commission and approval by the City Council, as recommended by the Public Arts Commission to the City Manager and/or City Council. Additionally, changes to the project theme or scope may be recommended and approved by the Public Arts Commission during the development of a Request for Proposal (RFP) for each project.

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

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