Indio City Council
December 3, 2025

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 119 of 197 this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

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

SECTION 35. TIME OF ESSENCE.

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

SECTION 36. FEDERAL FUNDS.

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

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 120 of 197

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 121 of 197

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR CONSULTING SERVICES FOR THE ACQUISITION OF A LAW ENFORCEMENT COMPUTER

AIDED DISPATCH/RECORDS MANAGEMENT (CAD/RMS) SYSTEM
BETWEEN THE CITY OF INDIO AND WINBOURNE CONSULTING, INC.

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

CITY OF INDIO
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By:

Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By:

CONSULTANT
By:

Its: Andrew Reece, President and
CEO

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 122 of 197

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 123 of 197

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 124 of 197 EXHIBIT “A”

SCOPE OF SERVICES

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 125 of 197 The Scope of Services described below is based on a 16-month period of engagement (December 3, 2025, through June 30, 2027). We fully comply with each of the 6 Phases and provide the following response to each of the specific tasks associated with each Phase:

Phase 1 - CAD/RMS Needs Assessment
Task 1.1 Project Initiation; perform an initial walkthrough of the Indio Police Department, meet key employees involved in the project, deliver an Operational Area Questionnaire, view a demonstration of the legacy CAD/RMS, and go for a “ride-along” to see the Department’s operations from the police officers’ perspective, perform an IT Infrastructure Assessment, ascertain the status of current & future projects, we will visit all areas of the department impacted by a new CAD/RMS (as well as the City's main datacenter), review with the Executive Team the project scope, organization, roles and assignments, resources, project tasks, risks and constraints, and overall project goals and requirements for the project.

1.1 Deliverables:
a. IT infrastructure assessment (including City's current network deficiencies and Winbourne recommendations)
b. Operational Area Questionnaire delivery
Task 1.2. Project Kickoff Meeting: Discuss CAD/RMS projects in general and some of the issues that may be encountered during this project, topics include outline project scope and details of each phase, review industry standards, discuss issues encountered with other projects and ways to mitigate the issues/risks, question & answer session, provide examples of other projects, along with cultural and operational changes that may impact the PD, discuss data conversion, geofile, interfaces, and the interview process, confirm meeting frequencies and agendas with City staff. We will incorporate a Best Practices Session for the entire team.

1.2 Deliverables:
a. Kick-off Meeting presentation/agenda
b. Best Practices Session documentation
Task 1.3 Interviews: We will conduct interviews with all relevant City Staff, review and document business processes, perform a gap analysis to identify risks, review and analyze existing documentation, and develop the Project Master Plan.

1.3 Deliverables:
a. Business Process documentation (As-Is & To-Be). Will be incorporated into the Project Master Plan
b. Gap Analysis & Risk Identification

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 126 of 197 Task 1.4 Project Master Plan: Our PM will gather and compile data in order to develop a Project Master Plan to include a project organization schematic, an explanation of the project methodology, a synopsis of the problems faced by the Indio Police and IT Departments, staffing and management related to the CAD/RMS project, scope and general requirements of the system to be acquired, updated project schedule and an estimated budget for the entire CAD/RMS project. This plan will be presented to the entire team for consideration. This will be a living document intended to be updated as needed.

1.4 Deliverable: Project Master Plan (includes updated project schedule) Phase 2 - RFP Development
Task 2.1 RFI Requirement: Our project team will work closely with City staff to produce a RFI prior to the development of a RFP, if requested. Our PM will work with City staff to develop the RFI requirements document, which will largely be based on the detailed CAD/RMS requirements document and request ROM pricing from each vendor. The PM will review RFI responses with City staff and update the CAD/RMS detail requirements document accordingly. Three respondents will be invited to present a high-level product demo to the project team. One demo per day.

2.1 Deliverables:
a. RFI with request for ROM pricing
b. Summary of RFI responses, demos and ROM pricing
Task 2.2 Requirements Gathering: We will assemble all of the needs assessment information and interview results, along with the As-Is and To-Be reports and use these to develop a detailed CAD/RMS requirements document in Excel format. Recently published CAD, Mobile and RMS requirements will be leveraged in the document building process. The Functionality Requirements Matrix (RTM) is the formal requirements document for the future contract.

2.2 Deliverable: Functional Requirements Traceability Matrix (RTM) Task 2.3 RFP Development: Our PM will work closely with City staff and Purchasing to incorporate the detail CAD/RMS requirements into a City approved RFP format. The PM will also work with City staff on any provisions and processes that need to be included in the RFP.

2.3 Deliverable: Draft RFP for collaborative review
Task 2.4 RFP Approval and Distribution: Our PM will work closely with the City Staff and Purchasing on multiple iterations of the RFP document revisions in order to get it to a final state. This process typically involves several revisions, with track changes, and meetings or conference calls to accomplish. Once completed the RFP will be submitted to the City for processing and mailing to vendors.

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 127 of 197

2.4 Deliverable: Final RFP for release by City
Phase 3 - Proposal Evaluations and Vendor Selection
Task 3.1 RFP Response Evaluation: we will work with the Selection Committee to review and score all proposals. Our project team will evaluate the responses and develop an evaluation matrix that utilizes a weighted scale for each requirement in order to provide an objective scoring of each vendor's responses. Our PM will work closely with City staff to obtain their evaluations and combine them with the project team evaluations. The evaluation matrix along with the evaluation results from the City staff and Winbourne project team will be incorporated into an evaluation report that ranks the responses and includes high risk and high cost issues for each response. We will develop demonstration scenarios to be used in the scripted demonstration process.

3.1 Deliverables:
a. Proposal Evaluation Matrix
b. Proposal Evaluation Summary
Task 3.2 Scripted Demonstration Process and Hands-on Use: the top two respondents will be invited to perform a scripted demonstration and provide a lengthy hands-on evaluation for the project team. Each vendor will be allowed a 4-day period to perform the demo and host the hands on evaluation.

3.2 Deliverables:
a. Scripted demo framework
b. Summary of scripted demo & hand-on results (update to Proposal Evaluation Matrix) Task 3.3 Vendor Reference Checks and Onsite Visits: Our project team and City staff will verify the vendor references and schedule onsite visits. The project team and City staff will use the results of the reference checks and onsite visits to augment the vendor evaluation report.

3.3 Deliverable: Reference Check forms for use by staff Task 3.4 Vendor Selection: Our project team will work closely with the City staff to go through the evaluation criteria, evaluation matrix, vendor demonstration results, references and risks. We will support the City in a Best and Final Offer opportunity to the top two vendors.

We will provide our industry knowledge and experience to assist the City evaluation team, in making the best CAD/RMS vendor decision possible.

3.4 Deliverable: Summary of BAFO Evaluation
Phase 4 - Contract Development and Contract Negotiations Task 4.1 Develop CAD/RMS Contract: Our Project Team will work with the City staff and

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 128 of 197 selected CAD/RMS vendor to develop a comprehensive CAD/RMS product, implementation and maintenance contract. All parties will use track changes to make sure that everyone is aware of what has been added, changed or deleted. The contract document will have page and line numbers for reference during meetings and discussions. The implementation contract (Professional Services and Software License Agreement) will include all provisions required by the City, and provisions from the vendor’s standard agreement that are deemed acceptable to the City.

4.1 Deliverable: Draft Vendor Contract
Task 4.2 Contract Negotiations: Our PM will coordinate the distribution of the City- developed CAD/RMS contract to the selected CAD/RMS vendor and schedule conference calls and face-to-face meetings with the selected CAD/RMS vendor. The consultant will assist the City in the development and instruction of the contract negotiations team, if desired. Our PM will conduct an executive briefing with City negotiation staff and collaborate with them to define roles and responsibilities, as well as develop a strategy for the contract negotiations process. Our PM, if requested by the City, will be the lead negotiator and, in this role, will discuss with the City the level of support and commitment required in order to be successful in that role.

4.2 Deliverable: Executive briefing document with roles and responsibilities Task 4.3. Contract Documents: Our PM will work closely with City staff and the selected CAD/RMS vendor to develop a Purchase and Software License Agreement (the “contract”), a Scope of Work/Statement of Work (SOW), Interface Control Documents, Project Schedule, Detailed and Summary Pricing and Payment Schedule, and a Maintenance Contract.

4.3 Deliverable: Final Vendor-City Contract document, to include; Purchase & Software License Agreement ("Contract"), Scope of Work/Statement of Work (Contract Exhibit), Interface Control Document (Contract Exhibit), Project Schedule (Contract Exhibit), Detailed and Summary Pricing (Contract Exhibit), Payment Schedule (Contract Exhibit), and Maintenance Contract.

Task 4.4 Acceptance Plan: Our project team will develop and complete an acceptance plan and the acceptance process to help ensure the terms and conditions of the contract have been successfully completed. The acceptance plan will include software acceptance test scenarios, data conversion and interface testing.

4.4 Deliverable: Acceptance Test Plan (ATP)
Phase 5 - Implementation
Task 5.1 CAD/RMS Vendor Kick-off Meeting: Our PM will coordinate an on-site kickoff meeting with City Winbourne Team and the selected CAD/RMS vendor. The meeting will

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 129 of 197 provide a high-level overview of the project, including implementation milestones, deliverables, data conversion, interfaces, training, acceptance testing, and go-live support. Our PM will also request a high-level demonstration of the CAD/RMS products to give everyone an idea of what will be implemented. The PM will also monitor the contract with the selected CAD/RMS vendor throughout the project lifecycle.

5.1 Deliverable: Vendor-provided meeting agenda
Task 5.2 CAD/RMS Implementation: Our project team will work closely with the selected CAD/RMS vendor and City staff assigned to the implementation project to ensure a full implementation of the products and services and to minimize operational disruption. Our project team will work closely with the selected CAD/RMS vendor and City staff to develop customized training materials, including a training curriculum, testing procedures to ensure training to proficiency and not only to attendance, and a training schedule. Since training is one of the major pillars of a successful CAD/RMS implementation, our PM will ensure that all of the end-user training is completed just ahead of go-live. Our project team will work closely with the selected CAD/RMS vendor and City IT staff to advise the City regarding the purchase of any hardware or equipment should the City elect to source its own hardware for the system.

Our project team will advise the City on what hardware to procure, but we understand that the City makes the final decision as to the equipment to be purchased. Our PM will provide bi- weekly briefings and monthly status reports, as well as command staff meeting updates as requested.

5.2 Deliverables:
a. Training Modules & Training Schedule
b. Master Cutover Plan
Phase 6 - System Testing, Cutover (Go-Live) and Final Acceptance Task 6.1: Supervise System Configuration & Manage Testing Lifecycle. Our PM will oversee the system configuration to ensure it meets contract requirements and supports operational use. The PM will oversee system and user acceptance testing, create a Disaster Recovery Test Plan, document all defects (including severity levels), and ensure resolution to the City's satisfaction. Additionally, the PM will oversee Cutover and Final Acceptance by the City.

6.1.Deliverables:
a. Test Plans
b. Test scripts/scenarios
c. Disaster Recovery Plan
d. Test Results matrix (tracking sheet for issues/errors and their severity) e. Document Delivery Matrix (received versus not received) f. Cutover (Go-Live) Readiness Report

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 130 of 197 g. Final Acceptance Certificate

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 131 of 197 EXHIBIT “B”

COMPENSATION
The contract will utilize a Time & Materials approach. A Time & Materials/Not-to-Exceed approach for Winbourne Consulting’s services provides the greatest flexibility for the City of Indio. The following methodology will be applied to all assigned Time & Materials work:
•The City will determine the start and end date for this scope of work •Winbourne will secure approval beforehand for all labor hours and travel expenses. •Winbourne will not exceed the estimated hours without formal approval •Winbourne will provide a summary of all hours used and expenses incurred •When applicable, Winbourne will perform work off-site to minimize costs for the City. •Travel accommodation and per diem will be reasonable (e.g., GSA, local hotel rates, etc.) and approved in advance by the City.
•Winbourne’s discounted rate is $160.00 per hour
Travel Expenses
Travel accommodation and per diem will be reasonable (e.g., GSA) and approved in advance by the City. Travel expenses can fluctuate based on various factors. For instance, the demand for flights, hotels, and rental cars directly influences prices during peak periods, such as tourist seasons or events like Coachella.

On-site/Off-site Activity
To minimize travel costs, we will collaborate with the City’s Project Manager to determine when tasks can be done off-site and when on-site work is more appropriate. The City will have the final authority on all on-site and off-site tasks.

Estimated Travel Expenses (Other Direct Costs)
The table below provides an example of possible travel costs.

OTHER DIRECT COSTS (estimated, billed actual)
A. TRAVEL, TRANSPORTATION, PER DIEM, ALL PHASES TOTALS
Airfare # Trips Avg Cost
Airfare
Total
T Maureau 0 $ 1,000 $0
K Beyer
Local
Resource 32 $ - $0
T Klaban 1 $ 1,000 $1,000
A Murphy 2 $ 1,000 $2,000 $ 3,000

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 132 of 197 OTHER DIRECT COSTS (estimated, billed actual)
A. TRAVEL, TRANSPORTATION, PER DIEM, ALL PHASES TOTALS
Rental
Vehicle &
Fuel
Daily
Rate
Total
Trips Fuel
Rental
Total
T Maureau $ 125 0 $ 50 $ -
K Beyer
Local
resource $ - 31 $ - $ -
T Klaban $ 125 1 $ 50 $ 175
A Murphy $ 125 2 $ 50 $ 350 $ 525
Car
Mileage Miles R/T Rate
Total
Trips
Total
Miles Total
K Beyer 334 0.70 32 10,688 $ 7,482 $ 7,482
Per Diem -
GSA rates
as of
10/1/2025
Days
On-site Meals Lodging
Daily
Rate
Per Diem
Total
T Maureau 0 $ 86 $ 199 $ 285 $ - K Beyer 45 $ 86 $ 199 $ 285 $ 12,825
T Klaban 2 $ 86 $ 199 $ 285 $ 570
A Murphy 4 $ 86 $ 199 $ 285 $ 1,140 $ 14,535 ODC TOTAL $ 25,542
Payment Milestones
Monthly invoices will be submitted to the City, which will include:
•Detailed expenditure of hours
•Detailed travel expenses (if applicable)
•Summary of progress completed for the month
Compensation Summary:

Project Phase Description Phase Total
Phase 1 - CAD/RMS Needs Assessment Total $28,160
Phase 2 - RFP Development Total $21,760
Phase 3 - Proposal Evaluations and Vendor Selection Total $21,440

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 133 of 197 Project Phase Description Phase Total
Phase 4 - Contract Development and Contract Negotiations Total $14,080 Phase 5 - Implementation Total $60,480
Phase 6 - System Testing & Final Acceptance Total $6,400 Phase 1 - 6 Total Cost Total Hours: $152,320 Estimated Travel (billed actual costs) $25,542
Project Grand Total $177,862
Compensation Detail:

Phase 1 - CAD/RMS Needs Assessment Hours Cost
Task 1.1 Project Initiation; perform an initial walkthrough of the Indio Police Department, meet key employees involved in the project, deliver an Operational Area Questionnaire, view a demonstration of the legacy CAD/RMS, and go for a “ride-along” to see the Department’s operations from the police officers’ perspective, perform an IT Infrastructure Assessment, ascertain the status of current & future projects, we will visit all areas of the department impacted by a new CAD/RMS (as well as the City's main datacenter), review with the Executive Team the project scope, organization, roles and assignments, resources, project tasks, risks and constraints, and overall project goals and requirements for the project.

1.1 Deliverables:
a. IT infrastructure assessment (including City's current network deficiencies and Winbourne recommendations)
b. Operational Area Questionnaire delivery
56 $8,960
Task 1.2. Project Kickoff Meeting: Discuss CAD/RMS projects in general and some of the issues that may be encountered during this project, topics include outline project scope and details of each phase, review industry standards, discuss issues encountered with other projects and ways to mitigate the issues/risks, question & answer session, provide examples of other projects, along with cultural and 40 $6,400

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 134 of 197 operational changes that may impact the PD, discuss data conversion, geofile, interfaces, and the interview process, confirm meeting frequencies and agendas with City staff. We will incorporate a Best Practices Session for the entire team.

1.2 Deliverables:
a. Kick-off Meeting presentation/agenda
b. Best Practices Session documentation
Task 1.3 Interviews: We will conduct interviews with all relevant City Staff, review and document business processes, perform a gap analysis to identify risks, review and analyze existing documentation, and develop the Project Master Plan.

1.3 Deliverables:
a. Business Process documentation (As-Is & To-Be). Will be incorporated into the Project Master Plan
b. Gap Analysis & Risk Identification
48 $7,680
Task 1.4 Project Master Plan: Our PM will gather and compile data in order to develop a Project Master Plan to include a project organization schematic, an explanation of the project methodology, a synopsis of the problems faced by the Indio Police and IT Departments, staffing and management related to the CAD/RMS project, scope and general requirements of the system to be acquired, updated project schedule and an estimated budget for the entire CAD/RMS project. This plan will be presented to the entire team for consideration. This will be a living document intended to be updated as needed.

1.4 Deliverable: Project Master Plan (includes updated project schedule)
32 $5,120
Phase 1 – CAD/RMS Needs Assessment Total 176 $28,160
Phase 2 - RFP Development Hours Cost
Task 2.1 RFI Requirement: Our project team will work closely with City staff to produce a RFI prior to the development of a RFP, if requested. Our PM will work with City staff to develop the RFI requirements document, which will largely be based on the detailed CAD/RMS requirements document and request ROM pricing from each vendor. The PM will review RFI responses with City staff and update the CAD/RMS detail requirements document accordingly. 46 $7,360

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 135 of 197 Three respondents will be invited to present a high-level product demo to the project team. One demo per day.

2.1 Deliverables:
a. RFI with request for ROM pricing
b. Summary of RFI responses, demos and ROM pricing
Task 2.2 Requirements Gathering: We will assemble all of the needs assessment information and interview results, along with the As-Is and To-Be reports and use these to develop a detailed CAD/RMS requirements document in Excel format. Recently published CAD, Mobile and RMS requirements will be leveraged in the document building process. The Functionality Requirements Matrix (RTM) is the formal requirements document for the future contract.

2.2 Deliverable: Functional Requirements Traceability Matrix (RTM)
30 $4,800
Task 2.3 RFP Development: Our PM will work closely with City staff and Purchasing to incorporate the detail CAD/RMS requirements into a City approved RFP format. The PM will also work with City staff on any provisions and processes that need to be included in the RFP.

2.3 Deliverable: Draft RFP for collaborative review
40 $6,400
Task 2.4 RFP Approval and Distribution: Our PM will work closely with the City Staff and Purchasing on multiple iterations of the RFP document revisions in order to get it to a final state. This process typically involves several revisions, with track changes, and meetings or conference calls to accomplish. Once completed the RFP will be submitted to the City for processing and mailing to vendors.

2.4 Deliverable: Final RFP for release by City
20 $3,200
Phase 2 – RFP Development Total 136 $21,760
Phase 3 - Proposal Evaluations and Vendor Selection Hours Cost Task 3.1 RFP Response Evaluation: we will work with the Selection Committee to review and score all proposals. Our project team will evaluate the responses and develop an evaluation matrix that utilizes a weighted scale for each requirement in order to provide an objective scoring of each vendor's responses. Our PM will work closely with 40 $6,400

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 136 of 197 City staff to obtain their evaluations and combine them with the project team evaluations. The evaluation matrix along with the evaluation results from the City staff and Winbourne project team will be incorporated into an evaluation report that ranks the responses and includes high risk and high cost issues for each response. We will develop demonstration scenarios to be used in the scripted demonstration process.

3.1 Deliverables:
a. Proposal Evaluation Matrix
b. Proposal Evaluation Summary
Task 3.2 Scripted Demonstration Process and Hands-on Use: the top two respondents will be invited to perform a scripted demonstration and provide a lengthy hands-on evaluation for the project team. Each vendor will be allowed a 4-day period to perform the demo and host the hands on evaluation.

3.2 Deliverables:
a. Scripted demo framework
b. Summary of scripted demo & hand-on results (update to Proposal Evaluation Matrix)
60 $9,600
Task 3.3 Vendor Reference Checks and Onsite Visits: Our project team and City staff will verify the vendor references and schedule onsite visits. The project team and City staff will use the results of the reference checks and onsite visits to augment the vendor evaluation report.

3.3 Deliverable: Reference Check forms for use by staff 10 $1,600
Task 3.4 Vendor Selection: Our project team will work closely with the City staff to go through the evaluation criteria, evaluation matrix, vendor demonstration results, references and risks. We will support the City in a Best and Final Offer opportunity to the top two vendors.

We will provide our industry knowledge and experience to assist the City evaluation team, in making the best CAD/RMS vendor decision possible.

3.4 Deliverable: Summary of BAFO Evaluation
24 $3,840
Phase 3 – Proposal Evaluations & Vendor Selection Total 134 $21,440 Phase 4 - Contract Development and Contract Negotiations Hours Cost

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 137 of 197 Task 4.1 Develop CAD/RMS Contract: Our Project Team will work with the City staff and selected CAD/RMS vendor to develop a comprehensive CAD/RMS product, implementation and maintenance contract. All parties will use track changes to make sure that everyone is aware of what has been added, changed or deleted. The contract document will have page and line numbers for reference during meetings and discussions. The implementation contract (Professional Services and Software License Agreement) will include all provisions required by the City, and provisions from the vendor’s standard agreement that are deemed acceptable to the City.

4.1 Deliverable: Draft Vendor Contract
28 $4,480
Task 4.2 Contract Negotiations: Our PM will coordinate the distribution of the City-developed CAD/RMS contract to the selected CAD/RMS vendor and schedule conference calls and face-to-face meetings with the selected CAD/RMS vendor. The consultant will assist the City in the development and instruction of the contract negotiations team, if desired. Our PM will conduct an executive briefing with City negotiation staff and collaborate with them to define roles and responsibilities, as well as develop a strategy for the contract negotiations process. Our PM, if requested by the City, will be the lead negotiator and, in this role, will discuss with the City the level of support and commitment required in order to be successful in that role.

4.2 Deliverable: Executive briefing document with roles and responsibilities
20 $3,200
Task 4.3. Contract Documents: Our PM will work closely with City staff and the selected CAD/RMS vendor to develop a Purchase and Software License Agreement (the “contract”), a Scope of Work/Statement of Work (SOW), Interface Control Documents, Project Schedule, Detailed and Summary Pricing and Payment Schedule, and a Maintenance Contract.

4.3 Deliverable: Final Vendor-City Contract document, to include; Purchase & Software License Agreement ("Contract"), Scope of Work/Statement of Work (Contract Exhibit), Interface Control Document (Contract Exhibit), Project Schedule (Contract Exhibit), Detailed and Summary Pricing (Contract Exhibit), Payment Schedule (Contract Exhibit), and Maintenance Contract.
20 $3,200

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 138 of 197 Task 4.4 Acceptance Plan: Our project team will develop and complete an acceptance plan and the acceptance process to help ensure the terms and conditions of the contract have been successfully completed. The acceptance plan will include software acceptance test scenarios, data conversion and interface testing.

4.4 Deliverable: Acceptance Test Plan (ATP)
20 $3,200
Phase 4 – Contract Development & Contract Negotiations Total 88 $14,080 Phase 5 - Implementation Hours Cost
Task 5.1 CAD/RMS Vendor Kick-off Meeting: Our PM will
coordinate an on-site kickoff meeting with City Winbourne Team and the selected CAD/RMS vendor. The meeting will provide a high-level overview of the project, including implementation milestones, deliverables, data conversion, interfaces, training, acceptance testing, and go-live support. Our PM will also request a high-level demonstration of the CAD/RMS products to give everyone an idea of what will be implemented. The PM will also monitor the contract with the selected CAD/RMS vendor throughout the project lifecycle.

5.1 Deliverable: Vendor-provided meeting agenda
8 $1,280
Task 5.2 CAD/RMS Implementation: Our project team will work closely with the selected CAD/RMS vendor and City staff assigned to the implementation project to ensure a full implementation of the products and services and to minimize operational disruption. Our project team will work closely with the selected CAD/RMS vendor and City staff to develop customized training materials, including a training curriculum, testing procedures to ensure training to proficiency and not only to attendance, and a training schedule. Since training is one of the major pillars of a successful CAD/RMS implementation, our PM will ensure that all of the end-user training is completed just ahead of go-live. Our project team will work closely with the selected CAD/RMS vendor and City IT staff to advise the City regarding the purchase of any hardware or equipment should the City elect to source its own hardware for the system. Our project team will advise the City on what hardware to procure, but we understand that the City makes the final decision as to the equipment to be purchased. Our PM will provide bi-weekly briefings and monthly status reports, as well as command staff meeting updates as requested.

5.2 Deliverables:
370 $59,200

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 139 of 197 a. Training Modules & Training Schedule
b. Master Cutover Plan
Phase 5 – Implementation Total 378 $60,480
Phase 6 - System Testing, Cutover (Go-Live) and Final
Acceptance Hours Cost
Task 6.1: Supervise System Configuration & Manage Testing Lifecycle. Our PM will oversee the system configuration to ensure it meets contract requirements and supports operational use. The PM will oversee system and user acceptance testing, create a Disaster Recovery Test Plan, document all defects (including severity levels), and ensure resolution to the City's satisfaction. Additionally, the PM will oversee Cutover and Final Acceptance by the City.

6.1 Deliverables:
a. Test Plans
b. Test scripts/scenarios
c. Disaster Recovery Plan
d. Test Results matrix (tracking sheet for issues/errors and their severity)
e. Document Delivery Matrix (received versus not received) f. Cutover (Go-Live) Readiness Report
g. Final Acceptance Certificate
40 $6,400
Phase 6 – System Testing & Final Acceptance Total 40 $6,400 Phase 1-6 Totals 952 $152,320
Estimated Travel Total (billed actual) $25,542
Project Total $177,862

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 140 of 197

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 141 of 197 ADDENDUM “1”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

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

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

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 142 of 197 injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
•A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
•Pay on behalf of wording as opposed to reimbursement;
•Concurrency of effective dates with primary policies;
•Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B)OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C)OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

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

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

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 143 of 197 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.

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 144 of 197 ADDENDUM “2"

FEDERAL FUNDS

A Professional Services Agreement (PSA) between the City of Indio and Wi... Page 145 of 197 City of Indio
City Council
December 3, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: An agreement between the City of Indio and Alpha Omega Wireless, Inc. for the replacement of the Indio Water Authority Point to Multipoint wireless network in the amount of $289,037.65

RECOMMENDATION:

It is recommended that the City Council, acting as the Indio Water Authority Board, approve an agreement between the Indio Water Authority (IWA) and Alpha Omega Wireless, Inc. for the replacement of IWA’s point-to-multipoint (PTMP) wireless network in the amount of $289,037.65, with all work to be completed during FY 2025-26.

SUMMARY:

The contract with Alpha Omega Wireless would replace two aging point-to-multipoint (PTMP) wireless networks with a single advanced, high capacity PTMP network. The enhanced performance and reliability of this new network will allow for improved connectivity to IWA’s remote sites, as well as greatly improved reliability and security. The cost of the implementation is $289,037.65, with no annual cost under this contract

BACKGROUND INFORMATION:

The IWA operates fourteen (14) remote sites and eleven (11) standalone meter data collection gateways. To allow network access to these sites and gateways IWA uses two separate point-to- multipoint wireless networks that provide a link back to the Corporate Yard. While these systems have served IWA well for many years, both systems are approaching obsolescence, with one system now over ten years old. In addition, the current systems use an unlicensed public frequency band, which has become so crowded with interference many sites operate with poor performance and require regular adjustments to maintain their connection. The new PTMP system proposed by Alpha Omega would replace our two wireless systems with one powerful modern system that operates in the Citizens Broadband Radio Service (CBRS) frequency range. This range is licensed by the Federal Communications Commission, which will provide IWA with dedicated frequencies that are protected from interference. Furthermore, the new system will increase the connection speeds by a factor of ten and vastly improve the performance of devices such as security cameras and remote access terminals. Finally, the modern PTMP system will provide the latest in security technologies to protect IWA data and access to critical sites.

The cost of the equipment will be purchased under The Interlocal Purchasing System (TIPS). TIPS is a national cooperative purchasing program that provides public agencies—including cities, counties, school districts, and special districts—with access to competitively solicited contracts for a AGENDA ITEM #13.10
An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 146 of 197 wide range of goods and services. Through TIPS, vendors are awarded contracts following a formal competitive solicitation conducted by the TIPS organization. This process includes public advertising, issuance of a Request for Proposals (RFP), evaluation by an evaluation committee, and award based on best value. Alpha Omega Wireless is an approved vendor of TIPS under contract #240101.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$289,037.65 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Public Infrastructure
Source of funds: IWA Information Technology Fund-Org-Object Reference:
8106715-521064

ATTACHMENTS:

SOW - NDIO2025A - SCADA Wireless Upgrade Ducumentation
INDIO2025B - SCADA Wireless Upgrade Rev1

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 25 Nov 2025 Ruby D. Walla, Director of Finance Approved - 25 Nov 2025 Steven Graham Pacifico, City Attorney Approved - 25 Nov 2025 Bryan H. Montgomery, City Manager Approved - 26 Nov 2025

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 147 of 197 Alpha Omega Wireless, Inc. – Wireless Documentation
Confidential Page 1 5/21/2025

Documentation for

SCADA Wireless Upgrade

5/21/25

This document contains strict, proprietary , and confidential information that has been developed and/or obtained by Alpha Omega Wireless ™. The enclosed information in this document is an asset of Alpha Omega Wireless ™ which provides a significant competitive advantage, and requires protection from improper discloser. No part of this document in any manner, either directly or indirectly, shall be disclosed, divulged, duplicated, or used, in whole or in part for any purpose outside of the Client mentioned with in this document, its employees, agents, and representatives’ other than for client evaluation.

Presented by:

Alpha Omega Wireless, Inc.
5710 Auburn Blvd, Suite 2
Sacramento, CA 95841
800-997-9250 main
www.aowireless.com
[email protected]
CA State License # 984515

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 148 of 197

Confidential Page 2 5/21/2025

Scope of Work
Alpha Omega Wireless, Inc. (“AO Wireless”) will deliver a comprehensive turnkey solution for the installation and integration of the proposed wireless wide area network (WAN) system. This scope includes obtaining all necessary FCC licensing, supply of all required wireless network hardware components (excluding network switches), professional on-site installation of equipment, and the decommissioning and removal of the existing legacy wireless infrastructure.

The project execution will be structured into the following phases:

Phase 1: Planning and Design
• Conduct site surveys and network assessments to determine optimal equipment placement and coverage.
o Identify cabling and fiber egress points to Main Distribution Frame (MDF) or Intermediate Distribution Frame (IDF).
o Determine mounting requirements at LH Tank.
o Perform site walks at Plant 2 and Plant 4 to assess mounting locations for point-to-point links.
• Collect comprehensive IP network information relevant to integration. • Finalize network design specifications and integration requirements in coordination with the client’s IT and engineering teams.
• Prepare detailed project schedule and resource allocation plan. • Submit and obtain all necessary FCC licenses and permits required for operation.

Phase 2: Procurement and Pre-Installation Preparation
• Procure all wireless network hardware components per design specifications. • Perform factory configuration and pre-testing of wireless equipment to ensure compliance with project requirements.
• Coordinate logistics and delivery schedules to minimize on-site disruptions.

Phase 3: Installation and Integration of Main Backhaul
• Deploy and install wireless network hardware at designated locations according to the approved design.
o Install 10 Gbps multiband wireless links from and
from .
o Install base stations at locations.
5710 Auburn Blvd
Suite 2
Sacramento, CA 95841
800-997-9250 main
www.aowireless.com
[email protected]

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 149 of 197

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 150 of 197 Agreement for
Indio Water Authority
INDIO2025B - SCADA Wireless Upgrade
9/18/2025
***CONFIDENTIAL***
This document contains strict, proprietary, and confidential information that has been developed and/or obtained by Alpha Omega Wireless™. The enclosed information in this document is an asset of Alpha Omega Wireless™ which provides a significant competitive advantage, and requires protection from improper discloser. No part of this document in any manner, either directly or indirectly, shall be disclosed, divulged, duplicated, or used, in whole or in part for any purpose outside of the Client mentioned with in this document, its employees, agents, and representatives other than for client evaluation.

Presented by:

Alpha Omega Wireless, Inc.
5710 Auburn Blvd, Suite 2
Sacramento, CA 95841
800-997-9250 main
www.aowireless.com
[email protected]
CA State License # 984515
TIPS - 240101

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 151 of 197 Product & Services Agreement
Indio Water Authority
Attention: Steven La Barbera
83-101 Avenue 45
Date
9/18/2025
Valid To
12/17/2025
Quote Number
INDIO2025B - SCADA
Wireless Upgrade
Alpha Omega Wireless, Inc.
5710 Auburn Blvd, Suite 2
Sacramento, CA 95841
800-997-9250
Alpha Omega Wireless is providing the following prices for product and/or services listed below as a budgetary statement. For a complete Statement of Work and complete build of materials list, a site survey must be performed.

Tasks Time Rate Amount
Costs Quantity Rate Amount
List $39,525 (TIPS - 18%)

2.00 32,410.50 64,821.00
List - $20,410 (TIPS - 15%)

2.00 17,348.50 34,697.00

List - $629 (TIPS - 15%)

2.00 534.65 1,069.30
List - $425 (TIPS - 15%)

2.00 361.25 722.50
List - $1,125 (TIPS - 15%)

30.00 956.25 28,687.50
List - $175 (TIPS - 15%)

30.00 148.75 4,462.50
List - $75 (TIPS - 15%)

32.00 63.75 2,040.00
List - $57 (TIPS - 15%)

30.00 48.45 1,453.50

4.00 422.50 1,690.00
List - $1,520 (TIPS - 18%)

15.00 1,246.40 18,696.00
Cable - Cat5e - Outdoor Shielded - Cable Kits (TIPS - AOSCK1) List - $185.00 (TIPS - 20%)

45.00 148.00 6,660.00
Fiber Cable Single Mode (LC/LC) - 75M
List $240 (TIPS - 18%)

8.00 206.90 1,655.20
DC Surge
List - $355 (TIPS - 18%)

10.00 238.50 2,385.00

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 152 of 197 Costs Quantity Rat
e Amount
Cable - DC - Cable Kit
List - $250 (TIPS - 15%)

10.00 212.50 2,125.00
Power - 48V Power system w.2x1000 W rectifiers, 1U
2 Redundant Power Supplies

2.00 2,132.00 4,264.00
FCC Frequency Coordination & Licensing E-Band 2.00 1,584.00 3,168.00 FCC - Frequency Coordination & Licensing (TIPS)
List - $1,800 (TIPS - 12%)

2.00 1,584.00 3,168.00
Installation & Configuration - Licensed Link (TIPS)
List - $8,900 (TIPS - 16%)

2.00 7,476.00 14,952.00
Installation & Configuration - Unlicensed Link (TIPS)
List - $7,600 (TIPS - 15%)

2.00 6,384.00 12,768.00
Installation & Configuration - Point to Multipoint - Per Node -(TIPS) List - $3600 (TIPS - 20%)
Per node

30.00 1,440.00 43,200.00
Project Management - TIPS
List - $11,400 (TIPS - 20%)

1.00 9,120.00 9,120.00
Mobilization - TIPS
List - $15,750 (TIPS - 20%)

1.00 12,600.00 12,600.00
Sales tax (8.75%)
Based on subtotal of $167,236

1.00 14,633.15 14,633.15
Subtotal 289,037.65
Total 289,037.65
Options Quantity Rate Amount
***CONFIDENTIAL***
TIPS - 240101

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 153 of 197 Annual Maintenance and Support
Alpha Omega Wireless offers to its clients an annual maintenance and support program at various levels to suit our clients’ needs. This service is in addition to any Extended Warranty plans by the manufacture for equipment failure. This service includes on call support and annual recertification of each link.

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 154 of 197

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 155 of 197 Pricing and Contract Terms

1. AO Wireless will provide a 100% money back guarantee that the solution provided (must be full turnkey by AO Wireless for design, engineering, product and installation) will perform at the stated throughput and at >99.9% predictable reliability for a period of one year (does not include an Act of God). AO Wireless provides a 1-year guarantee for the installation and workmanship of all work performed for the services outlined in this agreement. AO Wireless is not responsible for the quality or functionality of any products not purchased by AO Wireless. AO Wireless is also not responsible for changes made to any work performed by AO Wireless by the client or any other party at any time. Any corrections that have to be made by AO Wireless will be considered billable.

2. AO Wireless does not guarantee the structural worthiness or against any damages caused by the failure of any such structure whether installed by AO Wireless, its subcontractor, or the use of any structure provided by the client. The Client is responsible for providing a proper dedicated earth ground that AO Wireless will use to ground the systems installed by AO Wireless.

3. The client is responsible for all costs for any local government permitting required and must notify AO Wireless if a permit is required.

4. The actual data rates and aggregate throughput of any devices installed or provided by AO Wireless can vary depending on each individual environmental condition. AO Wireless does not guaranty any specific data rate or throughput will be achieved.

5. AO Wireless does not guarantee against any future potential interference that can be encountered by the client from other competing RF signals. The use of any RF frequencies is governed under FCC rules and regulations. If interference occurs the client can request AO Wireless to work with the client to best of its ability to restore any wireless network system to the original engineered specifications. Any such work or troubleshooting will be considered billable.

6. A wireless link is considered to be successfully completed once the link has been tested for data transfer from one radio to the other radio on each end of the link as a standalone network (disconnected from Client’s network) and the network is handed over to the Client. Once completed any additional work or technical issues will be considered warranty work. AO Wireless is only responsible for the wireless link from the point of wireless demarcation point on both sides of the link. The Client is responsible for the integrity, security, and configuration of their data/voice (LAN/WAN) network. AO Wireless will not make any alterations or changes to the Client’s network outside of the requirements of the project listed in this document.

7. Prices are based on the client’s current environment. Prices and times will be adjusted with any increase of variables in the client’s environment that pertain to the scope of the services outlined in this document. Any such changes can be agreed upon in a change order document. All sales are final. Any items returned will incur a 25% restocking fee. AO Wireless will not except returned items past 30days from date of receipt. The client will be billed at the hourly rate of $325.00, for any necessary calls or site visits that occur for services above and beyond the services outlined as part of this document. A minimum of four (4) hours will be billed. AO Wireless will not provide technical support for any product sold if not installed by AO Wireless. The client must call the product manufacture for support on any product purchased without services. For AO Support Agreements all Preventative Maintenance must be performed in the first 6 months of the term of the agreement. Otherwise any remaining PM’s will be performed once the renewal is in place.

8. AO Wireless will invoice the client with progress billing for materials at time of order or invoice 50% of the project total costs up front for the services as outlined in this document due upon receipt. A final invoice will be issued the same day the project is completed. A penalty of 10% and a late fee of 1% monthly will be charged on the full invoiced amount for invoices that are past due more than seven (7) days. In the event legal action is instituted by AO Wireless for enforcement of claim or any terms of this agreement, Client agrees to pay all collection agency and/or attorneys’ fees and costs. (Note: payment of invoices related to the services as stated in this document signifies all services performed were completed satisfactory).

9. The client must provide AO Wireless with any Purchase Orders and/or any specific billing requirements prior to services being performed, otherwise this signed document is considered all that is necessary for invoicing and payment to AO Wireless. A Purchase Order provided by the Client signifies the Client’s agreement to these terms and conditions. AO Wireless’ expenses, if incurred, will be billed to the client at reasonable and actual rates.

10. Client will indemnify and hold AO Wireless harmless from and against any and all costs, claims, expenses, or damages for any claims arising from any circumstances outside of the services performed as stated in this document. AO Wireless makes no guarantee and does not warrant that any of AO Wireless’ employees will produce any particular result or solution to the Clients particular needs.

AO Wireless will not be responsible for any disaster recovery after a natural disaster, fire, lightning, etc., modifications made by anyone other than AO Wireless, or other circumstance outside of AO Wireless’ control.

11. AO Wireless reserves the right to extend the terms and conditions of this contract and/or agreement to any and all other agencies within the United States that require these commodities and/or services. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to requesting agencies. This shall include all schools, colleges, cities, counties, state agencies, and/or utilities (both public and private). Each participating organization or agency shall enter into its own contract with AO Wireless and this contract shall be binding only upon the principals signing such an agreement. AO Wireless does not assume any responsibility other than to obtain pricing for the specifications provided.

12. Price valid for 90 days

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 156 of 197 By signing below, the Client and Alpha Omega Wireless agree upon the terms and the information, services, and/or deliverables as outlined in this document.

ACCEPTED BY:

Indio Water Authority
ACCEPTED BY:

Alpha Omega Wireless
Name: Name: Joe Wargo
(Please Print) (Please Print)
Title: Title: President
(Please Print) (Please Print)
Signature Signature
Date: Date: 9/18/2025
If you have any questions concerning this agreement, please contact:

Joe Wargo
512-966-8770 (direct)
[email protected]

THANK YOU FOR YOUR BUSINESS!

An agreement between the City of Indio and Alpha Omega Wireless, Inc. fo... Page 157 of 197 City of Indio
City Council
December 3, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10530 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Avenue 50 Widening Project from Jefferson Street to Botella Place, City Project No. ST2004

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 10530 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Avenue 50 Widening Project from Jefferson Street to Botella Place, City Project No. ST2004.

SUMMARY:

On March 1, 2023, the City awarded a contract to Albert A. Webb and Associates, Inc. (Webb) to begin the Preliminary Engineering and Environmental Documentation (PA/ED) preparation phase of the project. The Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, are being presented to Council for consideration for adoption of Resolution No. 10530 to adopt to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Avenue 50 Widening Project from Jefferson Street to Botella Place (included as Attachment 1). No comments were received during the public review process.

BACKGROUND INFORMATION:

The City of Indio proposes to improve approximately 2.5 miles of Avenue 50 from Jefferson Street to Botella Place to its ultimate Indio General Plan configuration as well as construct drainage improvements consistent with Indio's Master Drainage Plan (MDP). The southern portion of Avenue 50 between Jefferson Street and Madison Street (approximately a mile) is within the City of La Quinta while the remaining roadway portions are within Indio. The proposed roadway improvements in La Quinta are consistent with the La Quinta General Plan configuration. A project location map is included as Attachment 2.

Proposed improvements generally include widening Avenue 50 from one travel lane to two travel lanes in each direction, closing gaps in existing sidewalks and trails, and constructing a Class IV bike lane, curb and gutter, and drainage improvements per the Indio MDP. In addition, new streetlights are proposed in Indio.

Webb prepared an Initial Study Mitigated/Negative Declaration (IS/MND) to determine if the project would result in any significant environmental effects. The IS/MND is included as Attachment 3.

Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15073, the IS/MND AGENDA ITEM #13.11
Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 158 of 197 was circulated for a 30-day period between October 22, 2025 and November 20, 2025 to the State Clearinghouse, Responsible Agencies, and interested parties for review and comment.

As of November 20, 2025, no public comments were received.

The mitigation measures that must be implemented during project implementation to reduce potential environmental impacts to a less-than-significant level are enumerated in the “Mitigation Monitoring and Reporting Program” (MMRP) document, prepared pursuant to State CEQA Guidelines Section 15097 (included in Attachment 3).

FINANCIAL SUMMARY:

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

N/A

Additional Financial Details:

No additional funds are required in adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

ATTACHMENTS:

Attachment 1 - Resolution No. 10530
Attachment 2 - Vicinity Map
Attachment 3 - Final IS-MND with Appendices MMRP

APPROVAL(S):

Juan Raya, City Engineer Approved - 24 Nov 2025
Timothy Wassil, Public Works Director Approved - 24 Nov 2025 Ruby D. Walla, Director of Finance Approved - 24 Nov 2025 Steven Graham Pacifico, City Attorney Approved - 26 Nov 2025 Bryan H. Montgomery, City Manager Approved - 26 Nov 2025

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 159 of 197 RESOLUTION NO. 10530

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

CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
AVENUE 50 WIDENING PROJECT FROM JEFFERSON STREET TO

BOTELLA PLACE
WHEREAS, proposed improvements will widen approximately 2.5 miles of Avenue 50 from Jefferson Street to Botella Place to its ultimate Indio and La Quinta General Plan configurations, as well as construct drainage improvements consistent with Indio's Master Drainage Plan, in the City of Indio and City of La Quinta (“Project”); and
WHEREAS, the City of Indio is the lead agency for the Project and undertook environmental review of the Project in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the CEQA Guidelines, and the environmental regulations of the City of Indio (“City”); and
WHEREAS, in October 2025, an Initial Study (IS) was prepared to determine if there is potential for any significant environmental effects associated with the Project. The IS determined that the Project will result in less than significant impacts to the environment with implementation of mitigation measures. Accordingly, a Mitigated Negative Declaration (MND) was prepared; and
WHEREAS, pursuant to State CEQA Guidelines Section 15073, the IS/MND was publicly circulated for a 30-day period between October 22, 2025, and November 20, 2025, to the State Clearinghouse, responsible agencies, and interested parties for review and comment. No written comments were received during the public review period; and
WHEREAS, on December 3, 2025, the City Council considered the proposed IS/MND and Mitigation Monitoring and Reporting Program for the Project. Evidence both written and oral, for the IS/MND together with the staff report and supporting documents, was presented and considered by the City Council;

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

Section 1.The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct.

Section 2.The City Council, as lead agency for the Project, has considered the IS/MND.

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 160 of 197 Section 3.The City Council finds, in its independent judgment after considering all relevant evidence in the record of proceedings for the Project, including without limitation the information set forth in the IS/MND that: (i) the IS/MND was prepared in compliance with CEQA; and (ii) there is no substantial evidence supporting a fair argument that the Project would result in any significant environmental impacts that cannot be mitigated to a less than significant level through implementation of the those mitigation measures identified in the IS/MND. Therefore, the City Council finds that the Project will not have a significant environmental impact. The City Council further finds that the IS/MND reflects the independent judgment and analysis of the City Council.

Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration for this Project.

Section 4.The City Council has also reviewed and considered the Mitigation Monitoring and Reporting Program for the Project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council hereby adopts the Mitigation Monitoring and Reporting Program for the Project.

Section 5.The City Council designates the custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and all other materials which constitute the record of proceedings upon which the City Council’s decision is based, to be the Public Works Department of the City of Indio. Those documents are available for public review in the Public Works Development Engineering Division of the City of Indio located at 100 Civic Center Mall, Indio, California 92201, telephone number: (760) 391-4017.

Section 6.The City Council hereby directs staff to prepare a Notice of Determination and file with that Notice with the County Clerk in accordance with Section 15075(d) of the CEQA Guidelines.

Section 7. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED this 3th day of December, 2025. ____________________

ELAINE HOLMES
MAYOR
ATTEST:

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 161 of 197 ________________________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 162 of 197 ATTACHMENT 2

VICINITY MAP

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 163 of 197

VICINITY MAP

1

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 164 of 197 ATTACHMENT 3

FINAL IS/MND WITH APPENDICES MMRP

AVAILABLE UPON REQUEST

Resolution No. 10530, adopting a Mitigated Negative Declaration and Miti... Page 165 of 197 City of Indio
City Council
December 3, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Accept the Bond Release for Indian Palms 32

RECOMMENDATION:

That the City Council/Indio Water Authority Board: 1) Accept the bill of sale for water improvements 2) Exonerate the Maintenance bonds for Indian Palms 32 Inc. for water improvements within Indian Palms CC Tract 14690 (Bond No.4467061 for $11,300.00)

SUMMARY:

The developer, Indian Palms 32, Inc., is requesting formal acceptance of the improvements and the release of the one-year maintenance bond dated June 9, 2023. The developer has completed all onsite water improvements and provided all required submittals for Indian Palms 32 to the Indio Water Improvement Water the and plans approved accordance with in (IWA) Authority the Agreement. The submitted maintenance surety bonds by SureTec Insurance Company were scheduled for release following the one-year warranty period.

BACKGROUND INFORMATION:

On September 27, 2023, the Developer Indian Palms 32 Inc. located on the east side of Monroe St and Ave. 49, recorded the Bill of Sale for required water improvements within Tract No. 14690 respectively. Following the successful completion of the improvements to IWA’s satisfaction, the developer Indian Palms 32, Inc. provided a maintenance bond in the amounts of $11,300.00 for the respective water improvements within Tract 14690. The developer is now requesting exoneration of the original maintenance bond (4467061). This maintenance bond has satisfied the one-year warranty period and guarantees that the water improvements are compliant.

The water improvements constructed and conveyed via the Bill of Sale include approximately 90 linear feet of ductile iron water main, one (1) fire hydrant, thirty-two (32) one-inch domestic service connections, and one (1) two-inch irrigation service connections, along with the necessary gate valves. These improvements are intended to serve the 32 single-family residential lots within Tract No. 14690.

Staff recommend that the Indio Water Authority Board and City Council accept improvements of the water system and authorize the release of the maintenance bonds. Upon acceptance of the Bill of Sale, the completed water system improvements will be formally conveyed to IWA and recorded with the Riverside County Recorder’s Office.

ALTERNATIVES:

AGENDA ITEM #13.12
Accept the Bond Release for Indian Palms 32 (Jonathan Nicks, Assistant C... Page 166 of 197

1. Reject Exoneration of Maintenance Bonds

2. Request additional information

ATTACHMENTS:

Attachment 2 -Maintenance Bonds
Attachment 1- BOS - Indian Palms 32 TMN 14690

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 25 Nov 2025 Steven Graham Pacifico, City Attorney Approved - 25 Nov 2025 Ruby D. Walla, Director of Finance Approved - 26 Nov 2025 Bryan H. Montgomery, City Manager Approved - 26 Nov 2025

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Accept the Bond Release for Indian Palms 32 (Jonathan Nicks, Assistant C... Page 180 of 197 City of Indio
City Council
December 3, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan Montgomery, Executive Director
Subject: Presentation regarding progress within the Exclusive Negotiating Land Indio HCL and Indio City the between (“ENA”) Agreement of Development, LLC , concerning the potential disposition and development of City-owned property located behind the former Indio Fashion Mall (APN# 614-650-001 through 006), and provide any further direction.

RECOMMENDATION:

Receive the presentation and provide any further direction.

SUMMARY:

The principals of HCL Indio Land Development, LLC (HCL) are also the owner of the former Indio Fashion Mall and of some smaller, nearby vacant properties. The City and HCL entered into a 12- month Exclusive Negotiating Agreement (ENA) in May of this year and the Council requested an update be provided after six months. HCL will be present at the meeting to discuss the progress and next steps. HCL has provided a recent appraisal of the City-owned parcels and a peer review of their most recent appraisal and of the appraisal the City received in 2023. There are some differences in values that can be reviewed as part of the negotiations of the Disposition and Development Agreement, which is the next step as outlined in the ENA.

ATTACHMENTS:

Parcel Map CityPropertybehindMall (1)

AGENDA ITEM #14.1
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Presentation regarding progress within the Exclusive Negotiating Agreeme...Page 182 of 197 City of Indio
City Council
December 3, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Request that the City Council send a request to the Department of Homeland Security under the Freedom of Information Act (FOIA) to provide information about the by custody into taken of having Indio resident any been Department due to immigration status.

RECOMMENDATION:

Consider the following options: A. Direct the City Attorney to make the FOIA request for information to come from the City Council, B. Direct the City Attorney to prepare the FOIA request on behalf of one or more City Councilmembers C. Not make any formal FOIA request on this matter.

SUMMARY:

At the last two City Council Meetings, Councilmember Ortiz has discussed and recommended that the City Council make a formal request under the Freedom of Information Act (FOIA) of the U.S.

Department of Homeland Security to provide detailed information about any resident of Indio that has been taken into custody due to immigration status.

BACKGROUND INFORMATION:

The Freedom of Information Act (FOIA) is a U.S. federal law that gives any person the right to request access to federal agency records. The Act promotes government transparency and, unless otherwise protected from public disclosure, the federal government is required to provide the requested information. The request for information must be made by letter, email or through an online form.

There are individuals residing in Indio that have been taken into custody by the Department of Homeland Security due to their immigration status. Unless the Department demonstrates that the information about these residents is protected, the Department would be required to provide the information to whomever requests it.

An example of a city requesting this information is the City of Santa Ana, California and that letter is attached - it identifies the specific information that could be requested, if so directed by the City Council.

ALTERNATIVES:

AGENDA ITEM #14.2
Request that the City Council send a request to the Department of Homela... Page 183 of 197 Not make the FOIA request.

ATTACHMENTS:

Attachment 1 - FOIA-Request-Letter SANTA ANA

Request that the City Council send a request to the Department of Homela... Page 184 of 197

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]

Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
MAYOR
Valerie Amezcua

MAYOR PRO TEM
Benjamin Vazquez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan

CITY OF SANTA ANA
CITY MANAGER’S OFFICE
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Alvaro Nuñez

CITY ATTORNEY
Sonia R. Carvalho

CITY CLERK
Jennifer L. Hall

July 1, 2025
FOIA Officer [Via U.S. Mail and Email:

U.S. Immigration and Customs Enforcement [email protected]] Freedom of Information Act Office
500 12th Street SW, Stop 5009
Washington, DC 20536-5009
RE: FOIA Request Concerning Federal Immigration Enforcement Activity in the City of Santa Ana
Dear FOIA Officer,
This is a request under the Freedom of Information Act (FOIA), 5 U.S.C. §552, et seq., issued pursuant to authorization of the Santa Ana City Council approved on July 1, 2025. The City of Santa Ana (“City”) respectfully requests the following information regarding federal immigration enforcement activity conducted by U.S. Immigration and Customs Enforcement (ICE) within the City of Santa Ana.

REQUEST FOR INFORMATION
The City of Santa Ana seeks any and all records prepared, received, owned, used, transmitted, collected and/or retained by ICE that address, describe, refer, or relate to immigration enforcement, arrest, detention, or removal actions, civil or criminal (collectively, “enforcement actions”), in the City of Santa Ana on or after January 20, 2025, including, but not limited to, any and all records reflecting, for each action:
•All Form I-200s, Form I-250s, Form I-213s, and form I-247s; •The date, time, and location of the enforcement action; •The name(s) of all individual(s) targeted, arrested, detained, or otherwise subject to the enforcement action, including any individual(s) not designated as a target prior to the enforcement action (sometimes referred to by ICE as "collateral" targets);

Request that the City Council send a request to the Department of Homela... Page 185 of 197

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]

Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
•The basis for the enforcement action, as reflected in records including but not limited to judicial warrants, administrative warrants, or internal ICE approvals preceding the enforcement action, and the basis for the arrest of any "collateral" targets; •A description of the enforcement action(s), such as by incident report or comparable post-action records;
•The alleged immigration violation(s), and/or criminal conviction(s) or pending criminal charge(s) related to the target(s) of the enforcement action, and any records that indicate whether those violations were known to ICE at the time of arrest; •The detention location(s) and any transfer(s) locations of individual(s) arrested or detained by ICE;
•The administrative proceedings, court proceedings, removal proceedings, or other immigration administrative and/or judicial process for any individuals arrested or detained by ICE, and the status of those processes;
•Current immigration status of the individual(s) arrested (i.e., humanitarian parole, deferred action, special immigrant juvenile, etc.); and •Complaints, investigations, or disciplinary actions related to the enforcement action.

The City of Santa Ana also seeks any and all policies, directives, memoranda, guidance, field manuals, standard operating procedures, checklists, and training modules prepared, modified, issued, or reissued by ICE on or after January 20, 2025, reflecting ICE policy and practice with respect to:
•The use of, or limitations on the use of, race, ethnicity, national origin, or physical appearance in initiating contact with or arresting individuals; •The use of, or limitations on the use of, face masks or other manners of obscuring the identity of ICE officials conducting immigration enforcement actions; •Damage to personal or public property during or in connection with immigration enforcement actions;
•ICE officials' duty, or lack thereof, to identify themselves-verbally, through their clothing, with a badge, or by any other means-before, during, or after an immigration enforcement action.

The City seeks the above records for the period between January 20, 2025, and the date of this request.

The City asks that any records that exist in electronic form be provided in their native electronic format via electronic file transfer protocol (“FTP”), USB flash drive, or equivalent electronic medium. The City ask that any documents stored in Portable Document Format ("PDFs") be provided as individual files in a searchable PDF format.

All requested records that are responsive may be provided with personally identifying details redacted. FOIA exempts information from disclosure if that disclosure would lead to an unwarranted invasion of privacy. 5 U.S.C. § 552(b)(6). Determination of this exemption requires a balancing of the public's interest in obtaining the information against any possible invasions of privacy which would result from disclosure. See, e.g., Wood v. FBI, 432 F.3d 78, 87-89 (2d Cir. 2005). The City expects the release of all

Request that the City Council send a request to the Department of Homela... Page 186 of 197

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]

Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
segregable portions of otherwise exempt material. If, under applicable law, any of the information requested is considered exempt, please describe in detail the nature of the information withheld, the specific exemption or privilege upon which the information is withheld, and whether the portions of withheld documents containing non-exempt or non-privileged information have been provided.

Sincerely,
Alvaro Nuñez
City Manager

Request that the City Council send a request to the Department of Homela... Page 187 of 197 City of Indio
City Council
December 3, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Introduction of Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium.

RECOMMENDATION:

Staff recommends that the City Council introduce the first reading of Ordinance No. 1828, to consider a 45-day Interim Gas Station Urgency Moratorium

SUMMARY:

As directed by the Council on November 19, 2025, an interim 45-day Moratorium Ordinance (Attachment A) on gas stations has been prepared. During this Moratorium, several options may be considered such as completing a market study, amending the Unified Development Code and/or General Plan to restrict gas stations in designated geographical areas (siting and spacing) that are saturated, and additional project conditions of approval that would apply to all new gas station projects.

BACKGROUND INFORMATION:

The City Council recommended an interim Moratorium on gas station applications. A moratorium ordinance would prevent the submittal or approval of any new gas station planning applications.

Gov’t Code Section 65858 applies as follows:
(a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption.

The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four- fifths vote for adoption. Not more than two extensions may be adopted.

(b) Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section AGENDA ITEM #15.1
Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 188 of 197 65090 and public hearing, the legislative body may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.

Due to the 45-day interim urgency ordinance period ending (January 18, 2025) before the next regularly scheduled Council meeting (January 21, 2026), this item can be returned to the Council meeting of December 17, 2025, for consideration of an extended Moratorium time period to allow staff to study and potentially draft amendments to the City’s General Plan, Unified Development Code and other applicable regulations to be determined by the Council.

Options for Consideration

During the 45-day Moratorium period, the following options could be considered:

a. Allocate Funding and Hire a consultant to complete a full Gas Station Market Study

The completion of a market study during the Moratorium period could assist staff in providing necessary data to the Council regarding the state of the current gas station industry with a focus on a capacity and saturation study. This study would evaluate current and projected fuel demand, existing gas station supply, and overall market saturation in the City of Indio.

This study would also identify opportunities or risks associated with additional fuel station development or repositioning. A recent draft proposal received for this work would be $10,000 and would be completed in 4 weeks.

b. Study General Plan and Unified Development Code text amendments to address the following:

o Restrictions in designated geographic areas that are saturated

This may also include limiting the number of gas stations in areas of the City that have been determined to be saturated or as determined to be not needed. This may include areas along Highway 111 and Indio Blvd. In addition, specific standards for spacing could precise require would measure this Implementation explored. be also of measurement rules with clear objective standards. This option does not target certain areas where such a use may still be undesired, even if it meets spacing requirements.

o Objective Design Standards and Performance Standards

Requiring and additional standards, architectural objective additional design landscaping that can reduce greenhouse gas emissions (applying the CVAG Urban Greening Guide). In addition, a minimum of one (1) EV charger could be required for all the gas station projects regardless of number of parking spaces proposed (currently, 26 parking spaces is the threshold which triggers EV chargers per the Geen Building Code).

o Determine additional Conditions of Approval that would apply to all new Gas Station project approvals

These types of conditions could include address operating hours, minimum maintenance standards, lighting, safety, noise, and landscaping conditions.

c. Take No Action

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 189 of 197 If after studying any of the above options it is determined that a Moratorium is no longer needed, or if the required 4/5th vote is not obtained, the Council may decide to take no further action on this item.

Implementation Considerations

Currently, there are a total of 5 gas stations that have been approved/entitled (Attachment B) but not built at this time, including:

 Indio Gateway 7-Eleven on Jefferson St. & Indio Blvd.  Walmart Fuel Station on Showcase Parkway
 Maverik Fuel on Golf Center Parkway
 Indio Gas Station Urban Plaza on Indio Blvd & Flower St.  L & G Desert Store on Jackson St. & Avenue 50
These applications could remain valid with a Moratorium and could still be built as long as their entitlement does not expire or is revoked. The proposed Moratorium would prevent any new gas stations, expansion of existing stations, or the intensification of existing gas stations.

Pending Gas Station Application

As of November 18, 2025, a Conditional Use Permit application and Design Review Application (Beyond Fuel Station, PLAN-CUP-25-0008, PLAN-PR-25-0024) for a proposed new gas station to be located at the northeast corner of Jackson Street and Avenue 44 was submitted. To date, this application is still under review and has not been deemed “complete”. As drafted, the Moratorium would not apply to this project (Section 2.A). But the temporary moratorium would not allow new gas station applications to be accepted.

Conclusion/Next Steps
Following directions from the Council on the Moratorium, staff will proceed with any of the options or an alternative action as determined by the Council.

Attachments:

A – 45-Day Interim Moratorium Ordinance
B – Map of Existing/Entitled Gas Stations

FINANCIAL SUMMARY:

Current FY Financial
Impact:

N/A In current year budget: No
Current FY General
Fund Impact:

N/A Budget adjustment: No
Next FY Financial
Impact:

N/A Strategic Objective: Community Well-being
Source of funds: N/A Fund-Org-Object
Reference:

N/A

ALTERNATIVES:

Take No Action

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 190 of 197

ATTACHMENTS:

Attachment A Gas Station Moratorium
Attachment B Gas Station Locations

APPROVAL(S):

Ruby D. Walla, Director of Finance Approved - 25 Nov 2025 Steven Graham Pacifico, City Attorney Approved - 26 Nov 2025 Bryan H. Montgomery, City Manager Approved - 26 Nov 2025

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 191 of 197

CITY OF INDIO

INDIO, CALIFORNIA
ORDINANCE NO. 1828

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF INDIO, CALIFORNIA, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
ESTABLISHING A FORTY-FIVE (45) DAY MORATORIUM

ON THE ESTABLISHMENT OR EXPANSION OF GAS

STATIONS WITHIN THE CITY OF INDIO
WHEREAS, the City of Indio (“City”) is a municipal corporation organized and operating under the laws of the State of California, with the authority to regulate land use within its boundaries pursuant to its police powers and the Planning and Zoning Law; and WHEREAS, over the past several years, the City has received applications, pre- applications, and inquiries for the development of new gas stations within the City, particularly along major corridors and near established commercial and residential areas; and WHEREAS, if not carefully sited, additional gas stations cause compatibility concerns with adjacent and nearby land uses, especially residential neighborhoods and other sensitive locations such as schools and parks; and
WHEREAS, the City’s existing General Plan and zoning regulations do not regulate spacing between gas stations or proximity to sensitive uses; and WHEREAS, the City Council intends within a reasonable time to study, consider, and potentially adopt amendments to the City’s General Plan, zoning ordinance, and other applicable regulations to address the siting and spacing; and
WHEREAS, approval of additional gas stations, or expansions or intensifications of existing gas stations, under the City’s current regulations during the period that such policy and regulatory changes are being studied and considered could result in developments that may be inconsistent with or in conflict with the land use policies, zoning standards, or other regulations being contemplated, and could thereby frustrate or substantially undermine the effectiveness of any future updates; and
WHEREAS, the City also recognizes that there are certain applications for gas stations that will not be affected by this Ordinance (“Exempted Proposed Gas Stations”); and WHEREAS, Government Code section 65858 authorizes the City Council to adopt an interim urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is studying, considering, or intends to study within a reasonable time; and

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 192 of 197 WHEREAS, the City Council further finds that this urgency ordinance is narrowly tailored, in both scope and duration, by temporarily prohibiting the establishment, expansion, or intensification of gas stations while the City considers appropriate policy and regulatory responses; and
WHEREAS, the City Council recognizes that gas stations may provide community benefits, including vehicle fueling services and local tax revenues, but finds that it is in the public interest to pause new or expanded approvals until the City can comprehensively evaluate whether and under what conditions additional gas stations are compatible with the City’s long- term land use objectives; and
WHEREAS, the City Council desires to adopt this interim urgency ordinance, which shall take effect immediately upon its adoption by at least a four-fifths (4/5) vote of the City Council, and remain in effect for forty-five (45) days unless extended as provided by law.

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

SECTION 1. FINDINGS.

The City Council hereby finds and determines that the above recitals are true and correct and incorporates them herein as substantive findings in support of this Ordinance.

In addition, the City Council specifically finds:

A. The City has received and may continue to receive applications, pre-applications, and inquiries for new gas stations and for expansions or intensifications of existing gas stations, and such proposals may be processed and approved under existing regulations in the absence of this interim Ordinance.

B. Existing General Plan and zoning provisions do not comprehensively address the appropriate number, spacing, and locations for gas stations in light of land use compatibility concerns.

C. There is a reasonable likelihood that gas station approvals granted during the City’s study and consideration of potential policy and regulatory changes would be in conflict with, or substantially undermine, any contemplated amendments to the General Plan, zoning ordinance, or other standards regulating such uses.

D. There is further a reasonable likelihood that gas station approvals granted during the City’s study and consideration of potential regulatory changes could cause an over- concentration of gas stations in particular areas. The City desires to create a situation where gas stations could thrive economically, rather than potentially deteriorate.

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 193 of 197 E. A temporary moratorium on the establishment, expansion, or intensification of gas stations is necessary to maintain the status quo while the City completes its studies and considers any proposed policy and regulatory changes.

F. This Ordinance has no cause or effect on the Exempted Proposed Gas Stations as they are currently in the process of possible approval, although not legally vested.

G. The adoption of this interim urgency ordinance is therefore necessary for the immediate preservation of the public peace, health, and safety within the meaning of Government Code section 65858.

SECTION 2. MORATORIUM IMPOSED.

A. Pursuant to Government Code section 65858, an interim moratorium is hereby imposed on the approval of any applications, permits, or entitlements for the establishment, expansion, or intensification of gas stations within the City of Indio, except as expressly provided in this Ordinance. This Ordinance does not apply to the Exempted Proposed Gas Stations which are listed below:

Beyond Fuel Station, PLAN-CUP-25-0008, PLAN-PRD-25-0024 B. During the effective period of this Ordinance, no City official, officer, employee, department, board, commission, or agency shall accept as complete, process, approve, or issue any discretionary or ministerial permit, approval, or entitlement that would authorize: (1) the establishment or construction of any new gas station; or (2) the expansion, enlargement, or intensification of any existing gas station, including but not limited to the addition of new fuel pumps or fueling positions, significant expansion of building area directly related to fueling operations.

SECTION 3. DEFINITION.

For purposes of this Ordinance, “gas station” or “gasoline service station” means any facility, whether stand-alone or in combination with a convenience store or other use, that is used primarily for the retail sale and on-site dispensing of gasoline, diesel fuel, or other motor vehicle fuels to the public, and that may include underground or above-ground storage tanks, fuel pumps, canopies, and related site improvements.

SECTION 4. STUDY AND REVIEW.

During the moratorium period established by this Ordinance and any extension thereof, the City Manager, or designee, is authorized and directed to:

A. Evaluate the number, location, and distribution of existing gas stations in the City and the need, if any, for additional stations in light of current and projected fueling demand and the City’s broader policy objectives;

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 194 of 197 B. Develop and present to the City Council for consideration any proposed amendments to the General Plan, zoning ordinance, and other applicable regulations, including but not limited to siting criteria, spacing requirements, and proximity limits to sensitive uses; and C. Provide opportunities for public input and participation to ensure that residents, businesses, and other stakeholders may comment on potential policy and regulatory changes affecting gas stations.

SECTION 5. APPLICABILITY AND EXEMPTIONS.

A. This Ordinance applies to all property within the City of Indio, including any area subsequently annexed to the City during the effective period of this Ordinance, unless otherwise provided by law.

B. The following are exempt from the moratorium established by this Ordinance: (1) Gas stations for which all required discretionary approvals and ministerial permits necessary to authorize construction and operation (including but not limited to any required conditional use permit and site plan approval) were finally granted prior to the effective date of this Ordinance, provided that the project is developed in substantial conformance with those approvals including:

▪Indio Gateway 7-Eleven on Jefferson St. & Indio Blvd.
▪Walmart Fuel Station on Showcase Parkway
▪Maverik Fuel on Golf Center Parkway
▪Indio Gas Station Urban Plaza on Indio Blvd & Flower St. ▪L & G Desert Store on Jackson St. & Avenue 50
(2) the Exempted Proposed Gas Stations including Beyond Fuel Station on the northeast corner of Jackson St. & Avenue 44; and (3) Minor repairs, maintenance, or interior tenant improvements to existing gas stations that do not (i) increase the number of fuel pumps or fueling positions; (ii) expand the building area directly related to fueling operations; or (iii) increase hours of operation or otherwise intensify the use.

C. Nothing in this Ordinance shall be construed to deprive any person of vested rights legally obtained prior to the effective date of this Ordinance, as those rights may be determined under applicable state law.

SECTION 6. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 195 of 197 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 7. CEQA.

The City Council finds that this Ordinance is not a “project” or is otherwise exempt from the California Environmental Quality Act (“CEQA”) and State CEQA Guidelines (Title 14, California Code of Regulations) under Section 15060(c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 8. EFFECTIVE DATE; DURATION; EXTENSION.

This Ordinance is adopted as an urgency measure pursuant to Government Code section 65858 and is necessary for the immediate preservation of the public peace, health, and safety. This Ordinance shall take effect immediately upon its adoption by at least a four-fifths (4/5) vote of the City Council.

This Ordinance shall remain in effect for forty-five (45) days from the date of its adoption, unless extended by the City Council in accordance with Government Code section 65858. Any extension of this Ordinance shall require notice and a public hearing in compliance with Government Code section 65858, and shall be supported by written findings that the conditions warranting the moratorium continue to exist.

PASSED, APPROVED, AND ADOPTED this 3 rd day of December, 2025, by the following vote:
[Insert Vote/Signatures]

Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria... Page 196 of 197 ,4
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Urgency Ordinance 1828 for a 45-day Interim Gas Station Moratorium (Bria...Page 197 of 197